Terms Of Service
This service agreement has been put together to provide you with a complete
and comprehensive set of policies that bind us as the hosting services
provider, and you, our customer.
Terms of Services
1. This service agreement is between BSI (hereinafter "Company," "we," "our," or "us")
and you, our customer (hereinafter "Customer," "you" or "your").
2. Company, as your web hosting service provider, will supply Customer
with a shared web hosting solution. For all accounts, except the OpenSRS
Plan, this solution will, at the very least, provide you with the selected
amount of server or disk space to upload your website and an allocated
amount of bandwidth transfer to allow for website connectivity. As your
web hosting provider, we will make available various services and software
for maintaining your website, as indicated on our website.
3. Upon paying for and using the hosting services provided by Company,
Customer indicates his/her agreement to the following terms and conditions,
as outlined below. The use and or payment for Company services constitute
an agreement with these terms and conditions. If you do not agree with
any of these policies, please contact our Support Department immediately.
4. Use of Company services requires Customer to be at least 18 years old.
5. Company requires that Customer information, as listed on the account
signup form, is a complete and accurate representation of Customer contact
details. Customer must be a valid representative of the entity or organization
listed on Company signup form.
6. This agreement supersedes any other oral agreement between Company and
Customer.
7. Any of the terms, prices or services offered can be modified or updated
with prior online or email notification.
Customer Responsibility
1. Customer is responsible for uploading website files and/or providing
and setting up any website content. Company is not responsible for modifying
or updating website material.
2. Customer is responsible for the content of any postings, data or transmissions.
This responsibility is extended to any individuals or entities given access
to the account by the customer.
.3. While Company will assist you in any way reasonable, we
are not responsible for ensuring your domain name is transferred to our
servers. Customer is
responsible for making any necessary domain name server changes and ensuring
the transfer is implemented correctly.
4. Customer is responsible for updating and maintaining their contact information
with Company. Any changes to the customer contact information must be made
using your account Control Panel. Customer is responsible for ensuring
that Company is able to notify the customer for technical, billing or other
issues or purposes deemed necessary by Company to maintain the account.
Lawful Purpose
1. Company reserves the right to refuse service to anyone in violation
of our Acceptable Use Policy (AUP) or anyone using our networks or servers
for unlawful purposes.
2. Customer agrees to abide by all terms outlined in our AUP. Any violation
of those terms will result in the actions outlined in our AUP.
3. Customer accepts liability resulting from any breach of our AUP.
4. Customer is responsible for making their end-users aware of all the
policies of Company and is responsible for any breach of those policies
by their end-users, as laid out in our AUP.
Payment Policies
General
1. Accounts will not be activated or reactivated without prior payment.
2. All hosting fees and domain name renewal fees are due on or before the
due date of the renewing account and/or domain name.
3. Technical work or requested services will only be implemented once payment
for the service has been secured.
4. Incomplete signup information can result in an account NOT being activated.
Some accounts may be placed on hold for up to 72 hours, pending review
of information received.
5. We reserve the right to modify any billing prices subject to written
notice via email or through a posting on our website.
6. Any losses or expenses experienced by the customer, due to actions taken
by the company in response to customer non-payment, is not the responsibility
of Company.
Credit Card Payments
1. Company can only receive credit card payments using MasterCard, Visa,
American Express or Discover cards.
2. Company has the authority to charge for services requested, pending
hosting or domain name renewals, using the credit card information you
provide for charging on your account.
3. By by purchasing our hosting services and selecting an annual
billing payment cycle you are agreeing to allow the Company to place
your account
on a recurring payment plan. Upon your receipt of our emailed Company
invoice, unless you indicate that you would like to cancel the account
or stop the
charges, the account will automatically be re-billed according to the
information contained within the invoice. (See Cancellation Policy for
details on how
to cancel your account.)
4. Hosting invoices will be sent out 5 (five) days before the payment is
due. Unless you indicate otherwise, the charges will automatically be placed
on the credit card we have on file.
5. Domain renewal invoices will be sent out 35 days before the domain is
due to expire. Unless you indicate otherwise, we will automatically charge
the credit card we have on file two (2) weeks before the domain renewal
date.
6. If you request a new service, we will attempt to charge your credit
card on file at 12am (MST) on the day you request the new service. The
service will only be set up if we are able to successfully charge the credit
card we have on file.
7. A reminder notice will be emailed to you two (2) weeks before the due
date of your hosting renewal. This message will serve as a reminder that
your charges are coming due and will also indicate if you need to update
your credit card information.
8. If we are unable to charge your credit card by the due date indicated
on your invoice, your account will be suspended for non-payment and you
will not be able to access your website.
9. If we are unable to charge for your domain name renewal by your renewal
date, the domain will be left to expire and your account will be suspended
and you will not be able to access your website.
10. After 28 days a suspended account will automatically be deleted from
our system. When an account is deleted from our system, all copies of the
website files are permanently and irretrievably removed from our servers.
11. If an account has been suspended for non-payment, it will only be reactivated
upon payment of all overdue fees and a reactivation fee.
12. If we refund any fees due to any charges you dispute with your Credit
Card Company, we will suspend your account. The suspended account will
only be reactivated once all disputed/refunded fees are resolved satisfactorily,
and we receive payment for any and all administrative fees incurred by
Company resulting from your dispute or charge back request.
Domain Name
1. Once a domain name has been registered or renewed through Company, no
refunds will be given for the domain registration or renewal fee.
2. The Customer has full ownership rights over any domain name registered
or renewed through Company, where the domain registration fees have been
paid in full.
3. No domain name will be registered or renewed without prior payment of
the required fee.
4. If we are unable to secure payment before the domain renewal date, the
domain will expire and the hosting account will be suspended.
5. After 40 days, the domain name will be released by the Registrar Company
and be made available to the general public for re-registration.
6. Once a domain has expired, if the registration fee is then paid, we
will put in a request with our Registrar Company to renew and reactivate
the domain name. This process is normally complete within four (4) days.
7. Once a domain has been renewed, if we receive a dispute of payment or
a request for a refund from your credit card company, Company will take
over the ownership of the domain name in question.
8. Company is not responsible for maintaining the registrant information
for domain names. The domain owner can modify all this information using
our Control Panel.
9. Company is not liable for any domain disputes that may arise over changed
registrant information for a domain name.
10. Company is not responsible for resolving any domain disputes. These
issues must be resolved by the parties involved, according to the legal
bounds of ICANN (Internet Corporation for Assigned Names and Numbers),
the domain name governing body. Company will not act as an arbitrator,
but will honor any decisions determined by ICANN.
Account Ownership
1. Ownership of the account is determined by the individual or company
listed in our database as the person or company paying for the account.
This is determined as being the individual or company listed as the credit
card holder on the account.
2. Company will only email account login information if we are able to
verify the login for the account or the last four digits on the credit
card used to pay for our services.
3. Customer may modify the email address or credit card over the phone,
provided Company can verify the status of the caller using the above method.
4. Company is not liable for any account disputes that may arise between
various parties holding Company account login information when the information
has been distributed by the verified account holder. Company is not responsible
for any changes made to the account or any information that has been modified
by Customer, or any parties authorized by Customer, to access the Control
Panel.
5. Company will act in accordance with the above ownership rules unless
compelled by a domain dispute ruling as determined by ICANN (Internet Corporation
for Assigned Names and Numbers), the domain name governing body.
Cancellation Policy
1. We reserve the right to cancel any account for violation of our Acceptable
Use Policy.
2. If you do not wish to continue hosting with Company, or do not wish
to renew your domain name, it is your responsibility to contact our Support
Department through your Control Panel to cancel your account or domain
name.
3. Transferring a domain to a new hosting company does not constitute canceling
an account with Company.
4. All cancellation requests must be submitted using the Control Panel.
You will need to indicate when you would like to cancel the account and
if you are keeping the ownership of the domain name that we registered
for you. If you do not indicate that you would like to cancel the domain
renewal your account will automatically be modified to the OpenSRS Plan
for all future domain management. This change will cancel all hosting services
but leave your account open for the domain renewal.
5. Should Customer fail to adequately notify Company of their intent to
cancel an account, and the account is automatically charged and renewed,
we will only refund any annual charges placed on the account after the
date the official notification was received.
6. Any account cancelled within 30-days of the initial sign up will receive
a full refund for any paid for hosting fees. This refund does not include
the domain registration or any setup fees for additional services requested.
Customer Referral Agreement
1. Company will give one free month of hosting for any customer referred
to our services by an existing customer.
2. This free month will only be issued once the new customer has had an
active hosting account with the Company for at least 30 consecutive days,
and no longer available for our 30-day money back guarantee.
3. To receive a free month, the new customer must input the referring customer's
domain name on their signup form. Failure to input the domain name will
mean that the referring customer does not receive the free month.
4. Free months will not be issued retroactively.
5. Free months will only be issued for those accounts that are in good
financial standing.
6. Referral Program credits cannot be combined with Affiliate Program credits.
7. From time to time, the Company may conduct certain promotions or offers
with their own terms. During such special promotions, these terms still
control, except where superceded or in conflict. In such instances, the
terms of the promotion or offer will control for only those terms that
are superceded or in conflict with these terms.
Customer Affiliate Agreement
1. Company will give $5 per new customer sign up to customers participating
in the FatCow "Moo Money" Affiliate Program.
2. Payments will only be received for those signups that can be tracked
to the Customer's unique affiliate code.
3. Payments will be calculated each quarter (January to March, April to
June, July to September, October to December) and paid out once the customer
has accumulated an amount of $75 or more.
4. Affiliate Program credits cannot be combined with Referral Program credits.
Technology Parameters
1. Customer is responsible for providing all telephone, computer, hardware
and software equipment and services necessary to access Company networks,
systems and servers. Company makes no assurances that the customer's equipment
is compatible with its services.
2. Company is not responsible for any service problems experienced due
to the use of any programs, scripts or software that is not provided by
Company nor resides on Company network, systems or servers.
3. Company is not responsible for the correct functioning or trouble-shooting
of any programs, scripts or software placed on our servers by the customer.
IP Address Ownership
1. Company owns and maintains all IP addresses assigned to our hosting
accounts. We reserve the right to change or move them with prior notice.
Electronic Commerce
1. Customer is responsible for maintaining and creating their own online
store.
2. Customer is responsible for ensuring that products or services sold
or made available are not illegal, are accurately represented and that
the content of the store and related offerings do not infringe the rights
of others.
3. Customer is responsible for fulfilling all the online store needs such
as order fulfillment, shipping, data security, etc.
4. Customer is responsible for the security of their customers' credit
cards.
5. Company cannot be held liable for any disputed business transaction/s
between our customers and their customers.
Website Accessibility
1. Customers website will made available to third parties via the Internet
24 hours a day, seven (7) days a week, excluding the following circumstances:
o Scheduled maintenance and regular system repairs as initiated by Company.
o Down time caused by circumstances beyond Company control.
o Down time caused by circumstances not reasonably foreseeable by Company
such as (but not limited to) service problems experienced due to telecommunications
or digital transmission links failures or interruptions, or general Internet
failures or slow-downs.
Complaint Against Customer
(excluding Trademarks and Copyright complaints)
1. Generally speaking, unless Company is issued a court order, or otherwise
required by law, Company will respond to third-party complaints or notices
by submitting the information to Customer and asking Customer to respond
appropriately. With few exceptions, we will not deactivate or delete customer
accounts.
2. Company does not proactively review the website content or email of
our customers. In some situations, as outlined above or in our AUP, we
will review website content or email to validate compliance with our AUP.
3. We take no responsibility for the content or information contained on
our customers' websites or within their email.
Emergencies / Use Effecting Others
1. We reserve the right to take any proactive steps we deem necessary to
maintain the security, connectivity, performance and services of our customers,
including but not limited to actions requiring us to deactivate your website,
shut down our network, or review the content on your website to evaluate
the reason for perceived behaviors.
2. In rare instances, we may need to completely delete your website because
of some significant failure, security breach or other emergency. In such
cases, we do our best to backup your website, but we cannot ever guarantee
a full restore of your website.
Backup / Restore
1. Company cannot guarantee that the contents of your website will never
be deleted, or that a backup of your website will always be available.
2. We always RECOMMEND that our customers keep a local backup of their
website. This means that all contents of a website should be copied to
your local desktop computer and you should take steps to make a third backup
(on tape, multiple floppies, another desktop, or elsewhere).
3. Company makes a full backup of each server, each night (starting around
12am, MST). For every server we have a tape for each day of the week and
for Friday, we have three (3) tapes. This means that for every Monday,
we use the Monday tape. If it's Tuesday and you want to restore from a
week prior to last Monday, we could only provide the restore from last
Tuesday.
4. We charge an administrative fee to restore your website and it usually
takes us approximately 24 to 48 hours to fulfill restore requests.
Privacy
1. Company will not, without Customer's permission, release or sell Customer's
contact information, unless legally compelled to do so. Please note that
in some circumstances, such as a court subpoena, Commodity Futures Trading
Commission subpoena (under US Title 7, USC 15), or FBI summons under US
Title 18, USC 2703(c), we must release your contact information without
your knowledge.
2. Customer gives Company consent to contact Customer directly, via United
States Postal Mail, email or phone, regarding its services, for customer
survey feedback, general announcements or other information that Company
may deem potentially important to Customer.
Termination of Agreement
1. This agreement may be terminated by either party upon written notice
of a breach of the policies laid out in this service agreement.
2. The termination is valid if either party breaches any policies laid
out in this agreement and the breaching party fails to remedy the breach
within two (2) weeks of receiving written notification of the breach or
if either party is the subject of a filing of bankruptcy action in any
court of competent jurisdiction, whether initiated by the party or adjudged
against the party.
Limitations of Liability
1. Company operates a shared hosting environment, which affords a cost-effective
hosting option for our customers and introduces some risk that a customer
could impact others.
2. We cannot accept any liability for downtime, interruptions of service,
loss of business, breach of security or inadvertent access to your private
data.
3. We cannot accept any liability for our response to a legal requirement
or court order. Furthermore, there are some circumstances where Company
must use its best judgment on how to respond to opposing legal viewpoints.
In such instances, we cannot accept any liability where our judgment is
ultimately wrong.
4. COMPANY MAKES NO WARRANTY, EXPRESS OR IMPLIED IN CONNECTION WITH ITS
PRODUCTS AND SERVICES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
5. THE MAXIMUM LIABILITY OF COMPANY TO CUSTOMER FOR DAMAGES RELATING TO
COMPANY'S FAILURE TO PROVIDE SERVICES SHALL BE LIMITED TO REIMBURSEMENT
OF THE TOTAL FEES PAID BY CUSTOMER TO COMPANY. NOTWITHSTANDING THE FOREGOING,
THE MAXIMUM LIABILITY OF COMPANY TO CUSTOMER FOR DAMAGES FOR ANY AND ALL
OTHER CAUSES WHATSOEVER, AND CUSTOMER'S MAXIMUM REMEDY, REGARDLESS OF THE
FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL BE LIMITED
TO REIMBURSEMENT OF THE TOTAL FEES PAID BY CUSTOMER TO COMPANY. IN NO EVENT
SHALL COMPANY BE LIABLE FOR (A) ANY LOST DATA OR CONTENT, LOST PROFITS,
BUSINESS INTERRUPTION OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL,
EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE NETWORK,
SYSTEMS, SOFTWARE OR THE SERVICES PROVIDED HEREUNDER, EVEN IF COMPANY HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR OTHERWISE FOR ANY SUCH
CLAIM, OR (B) FOR ANY DAMAGES OR COSTS ARISING FROM ANY THIRD PARTY'S ACTIONS,
FAILURE TO ACT, OR DELAY IN PERFORMING ANY OBLIGATION WHATSOEVER. WITHOUT
LIMITING THE GENERALITY OF THE FOREGOING, COMPANY SHALL NOT BE LIABLE FOR
PERSONAL INJURY OR PROPERTY DAMAGE.
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