Shared Hosting Service Terms and Conditions
HOSTBP Bulk Email Server Terms and Conditions
Welcome to HOSTBP,
HOSTBP provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by HOSTBP from time to time without notice to you.
1. ACKNOWLEDGEMENT AND ACCEPTANCE OF TERMS OF SERVICE (TOS) This Service is provided to you ("CUSTOMER") under the Terms and Conditions of this Terms of Service (TOS) and any operating rules or policies that may be published by HOSTBP. The TOS comprises the entire agreement between CUSTOMER and HOSTBP and supersedes all prior agreements between the parties regarding the subject matter contained herein. BY COMPLETING THE ONLINE ORDER FORM PROCESS YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE Terms and Conditions OF THE TOS.
2. SERVICE DESCRIPTION HOSTBP provides Internet hosting, servers, and associated services and maintains other equipment and software which is integrated with the Internet. These servers receive and transmit data and information in relationship to the Internet. CUSTOMER wishes to utilize the hardware and software resources of HOSTBP to establish an Internet presence using HOSTBP's hosting and server services and network.
3. CUSTOMER CONDUCT CUSTOMER is solely responsible for the server and marketing ad content through the Service. CUSTOMER's use of the Service is subject to all applicable local, state, country, and international laws and regulations.
CUSTOMER agrees: (1) To comply with the Country or State/Federal law where CUSTOMER is sending bulk emails to or conducting the business. (2) Not to use the Service for illegal purposes (3) Not to conduct any SCAM, Phishing, Child porn, Hatred, Racism, Politics, or illegal content. (4) For Semi-Dedicated Bulk Email Server - Two users per server. No Administrator login or access. Each user has his own private bulk email sending desktop and confidential file folders. (5) For Full-Dedicated Bulk Email Server - One user per server. You have full right to manage the server. (6) Proxy Sending might not be 100% compliance with CAN-SPAM Act of 2003 (7) CUSTOMER is responsible for backing up all mailing lists, documents, and all other important files. (8) Not to run scripts/programs that utilize heavy machine resources, or overload CPU and other hard wares, or run any activities that effect server performance. (9) If an account is terminated due to any violation of TOS, CUSTOMER will receive no refund.
4. MODIFICATIONS TO SERVICE HOSTBP reserves the right to modify or discontinue the Service with or without notice to CUSTOMER. HOSTBP shall not be liable to CUSTOMER or any third party should HOSTBP exercise its right to modify or discontinue the Service. 5. NO RESALE OF SERVICE CUSTOMER agrees not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written consent of HOSTBP.
6. DISCLAIMER OF WARRANTIES CUSTOMER expressly agrees that use of the service is at CUSTOMER's sole risk. The service is provided on an "as is" and "as available" basis. HOSTBP expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. HOSTBP makes no warranty that the service will meet CUSTOMER's requirements, or that the service will be uninterrupted, timely, secure, or error-free; nor does HOSTBP make any warranty as to the results that may be obtained from the use of the service or as to the accuracy or reliability of any information obtained through the service.
7. LIMITATION OF LIABILITY HOSTBP shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or the inability to use the service or for cost of procurement of substitute goods and services or resulting from any goods or services purchase or obtained or messages received or transactions entered into through the service or resulting from unauthorized access to or alteration of CUSTOMER's transmissions or data, including but not limited to, damages for loss of profits, use, data or other intangibles, even if HOSTBP has been advised of the possibility of such damages.
8. INDEMNIFICATION The CUSTOMER shall indemnify and hold harmless HOSTBP from any and all loss, cost, expense, and damage on account of any and all manner of claims, demands, actions, suits, proceedings, judgments, costs and expenses that may be initiated against HOSTBP and HOSTBP's officers, directors, and employees for any service provided to CUSTOMER by HOSTBP to include web space content that violates any copyright, proprietary right of any person, state and federal regulations, or contains any matter that is libelous or scandalous.
9. TERMINATION Either CUSTOMER or HOSTBP may terminate the Service with or without cause at any time and effective immediately. Termination shall be accompanied by a written notice to HOSTBP. HOSTBP shall not be liable to CUSTOMER or any third party for termination of Service. Should CUSTOMER object to any Terms and Conditions of the TOS or any subsequent modifications thereto or become dissatisfied with the Service in any way, CUSTOMER's only recourse is to immediately: (1) discontinue use of the Service; (2) notify HOSTBP of termination, upon termination of the Service.
10. NOTICE All notices to a party shall be in writing and shall be made either via e-mail or conventional mail. HOSTBP may broadcast notices or messages through the Service to inform CUSTOMER of changes to the TOS at their choosing, but is not required to do so; HOSTBP may broadcast changes to the Service, or other matters of importance; such broadcasts shall constitute notice to CUSTOMER.
11. PAYMENT CUSTOMER understands and waives all rights to credit card charge backs or any other payment charge back in order to use the service. If CUSTOMER does do a charge back on any method of payment, HOSTBP will turn this matter over to our legal department for full litigation. Any credit card fraud is turned over to the California State police and federal authorities for full investigation and prosecution; NO EXCEPTIONS. It is the CUSTOMER's full responsibility to keep a valid method of payment on the CUSTOMER's account at all times. If in the event a credit card comes back declined or NSF, HOSTBP will charge a $25.00 NSF fee or declination fee, without notice. The CUSTOMER account will be suspended without notice, until all fees are paid in full. All dedicated server services will be billed one (1) month in advance. The CUSTOMER will continue to be billed 1 month in advance up until the CUSTOMER cancels their server account by notifying email@example.com and receive a cancellation code from HOSTBP. The CUSTOMER is liable for all services rendered and billed up until the time that the account is cancelled. Dedicated Server charges are not pro-rated when an account is cancelled. As long as the cancellation is completed prior to the first day of the next month cycle, the CUSTOMER will not be billed beyond the current month.
12. SEVERABILITY In the event that any term or provision of this TOS is held by a court of competent jurisdiction to be illegal, unenforceable or invalid in whole or in part for any reason, the remaining provisions of this TOS shall remain in full force and effect.
13. LAWS This TOS shall be governed by the laws of the State of California, and in the event of a dispute, RESELLER agrees to submit to the jurisdiction of the state and federal courts located in Orange County, California.
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