General
Provisions
In consideration for Beryl P. Hosting maintaining one or more
accounts (each
"Account"), you agree to the following terms of
service.
Definitions
"We" "Us" or "Provider"
or "berylp Hosting."
"You" "Your" "Client" "Customer"
or "Member" - Each person or entity who
applies for internet service or is a designate of any one
who applies for
internet service.
Disclaimer of Warranty
The Internet is a complex network of equipment, services and
providers of
information, thus the Service may not be available to you
at all times.
However, Beryl P. Hosting offers a 99.% uptime guarantee. This
is valid for
only the connection. Beryl P. Hosting will pursue all resources
and channels
available to maintain maximum uptime, however, Beryl P. Hosting
is not
responsible for any down time caused by client's error.
Beryl P. Hosting MAKES NO EXPRESS OR
IMPLIED WARRANTIES (INCLUDING BUT NOT
LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY
OR FITNESS FOR
A PARTICULAR USE) WITH RESPECT TO THE SERVICES IT PROVIDES.
Neither
Beryl P. Hosting nor any one else involved in the provision
of Service is
liable to you or any third-party for direct or indirect damages
resulting
from the use, non-use of services provided herein, whether
or not such
damages resulted from the negligence of Beryl P. Hosting, even
if
Beryl P. Hosting has been advised to the possibility of such
damages.
Limitation of Liability
IN NO EVENT SHALL Beryl P. Hosting BE LIABLE FOR ANY INDIRECT,
INCIDENTAL,
PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT
LIMITATION,
LOST PROFITS AND DAMAGES RELATED TO CORRUPTION OR DELETION
OF WEBSITE
CONTENTS, EMAIL DATA AND OR DATABASE CONTENTS) ARISING OUT
OF OR IN
RELATION TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE
Beryl P. Hosting'S
SERVICES (INCLUDING, BUT NOT LIMITED TO, INOPERABILITY OF
Beryl P. Hosting'S
SERVERS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT,
TORT
(INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF Beryl P. Hosting
HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL
Beryl P. Hosting'S MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT
PAID BY YOU TO
Beryl P. Hosting FOR THE SERVICES DURING THE PRIOR TWELVE (12)
MONTHS. TO
THE EXTENT APPLICABLE LOCAL LAW DOES NOT ALLOW THE LIMITATION
OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, Beryl P. Hosting'S
LIABILITY IS
LIMITED TO THE EXTENT PERMITTED BY LAW.
Indemnification
You agree to indemnify, defend and hold Beryl P. Hosting and
its affiliates,
directors, officers, employees and agents harmless from and
against any
liabilities, losses, damages or costs, including reasonable
attorneys'
fees, resulting from any third-party claim, action, dispute
or demand
related to your use of the Services, your violation of any
of the provisions
of this Agreement or from your placement or transmission of
any materials
or content onto Beryl P. Hosting's servers. Such liabilities
may include,
but are not limited to, those arising from the following:
(a) with
respect to your business, (i) infringement or misappropriation
of any
intellectual property rights; (ii) defamation, libel, slander,
obscenity,
pornography, or violation of the rights of privacy or publicity;
or (iii) spamming, or any other offensive, harassing or illegal
conduct or
violation of the acceptable uses described herein or anti-spam
policy;
(b) any damage or destruction to Beryl P. Hosting's equipment
or to any other
accountholder, which damage is caused by or otherwise results
from acts
or omissions by you, your representative(s) or your designees;
(c) any
personal injury or property damage arising out of your activities
related
to the Services, unless such injury or property damage is
caused solely
by Beryl P. Hosting's gross negligence or willful misconduct;
and (d) any
other damage arising from your equipment or your business.
Services Provided by Beryl P. Hosting
Beryl P. Hosting will provide Internet server rental ("the
Service") to its
members for the express purpose of allowing customers to provide
http
Internet content to the general public. The Service allows
Beryl P. Hosting
members to maintain Internet websites, receive and maintain
e-mail accounts
and access web space via FTP to upload files for their websites.
Beryl P. Hosting members will use the provided services in a
manner consistent
with any and all applicable laws. Beryl P. Hosting provides
the Services
exclusively and makes no effort to edit, control, monitor
or restrict the
content of data other than as necessary to provide such Services.
If any
of the below activities are committed, Beryl P. Hosting can
terminate
client's account without notification.
a) Client Content: Client agrees that
web pages and files uploaded to servers
will not violate any state, national or foreign laws or regulations;
infringe on any intellectual property rights of Beryl P. Hosting
or any
third party; be defamatory, slanderous or trade libellous;
be threatening
or harassing; be discriminatory based on gender, race, age;
promote hate;
or contain viruses or other computer programming defects which
result in
damage to Beryl P. Hosting or any third party. Customers may
not run IRC,
bots or clients. Unacceptable uses also include: Bulk unsolicited
emailing,
unsolicited e-mailings, newsgroup spamming, child porn, hardcore
porn or
links to such sites, copyrighted MP3, illegal content, copyright
infringement,
trademark infringement, warez, cracks, software serial numbers.
Beryl P. Hosting
will be the sole and final arbiter as to what constitutes
a violation of
this policy. Beryl P. Hosting does not normally monitor the
contents of
clients servers, however if suspicion occurs, Beryl P. Hosting
reserves the
right to investigate and terminate the clients subscription
to the service.
b) Bandwidth Usage: Beryl P. Hosting
offers a generous amount of data transfer
per month. Bandwidth is calculated on a recurring 30 days.
Sites that use
over the given limit in 30 days will automatically be suspended.
There is
a daily transfer cap of total bandwidth divided by the number
of days in the
current month. If you exceed your bandwidth limit for any
given month, your
account will be suspended until you upgrade or pay additional
service fee
of $3.50 per GB, warning e-mail's are sent out before your
account reaches
the maximum.
c) Excessive Resource User Policy:
Resources are defined as bandwidth, memory
and/or processor utilization. A website is considered using
"Excessive
amounts of resources" when it monopolies the resources
available using 10%
or more of system resources for longer than 60 seconds. There
are numerous
problems that could cause such problems, this includes but
not limited to:
cgi scripts, FTP, HTTP, etc. A site that consumes over the
account limit
of bandwidth is also considered "excessive resources".
This policy is only
implemented in extreme circumstances and is intended to prevent
the misuse
of our servers. The client whom is using "excessive resources"
will be asked
to upgrade his/her package to one of our dedicated server
packages.
Beryl P. Hosting
d) No "Spam": UCE/UBE or "Spam" originating
from a server located on our
network or associated with a Beryl P. Hosting server is not
tolerated. This
includes any e-mail that promotes web sites hosted on a server
located on
the Beryl P. Hosting network but is sent from an e-mail address
not associated
with that Beryl P. Hosting account. Client shall not use their
Beryl P. Hosting
services for chain letters, junk mail, bulk-email, or any
use of distribution
lists to any person who has not given specific permission
to be included
in such a process. Beryl P. Hosting reserves the right to deactivate
or
terminate any account(s) upon any indication of such activity
without notice.
There will be a $200 clean up fee if an account was suspended
for policy
violation.
e) False Information: Client agrees
not to post false or inaccurate information
to news groups in violation of the news groups rules and regulations.
If any
news groups or service provider contact Beryl P. Hosting concerning
unethical,
false or unlawful activities by you, Beryl P. Hosting reserve
the right to
terminate your service without notice.
f) Licensed Software Only: Client agrees
to use only properly licensed third
party software in connection with Client's use of the Services.
g) Back-Up Files: Beryl P. Hosting provides
the tools needed to create back ups
of account data. It is the responsibility of the customer
to keep up-to-date
archives of their backed up data. Beryl P. Hosting currently
does not utilize any
back-up services and is not responsible for any lost data.
Payment, Renewal, Cancellations
a) Payment Obligations: Full payment is required in advance
before hosting service
is established. Beryl P. Hosting sends out invoices that are
due every pay period.
You are given fifteen (15) days to fully pay the invoice.
You warrant and
represent that the information you supply in the Order Form
(or other information
that Beryl P. Hosting may require) is accurate and truthful.
All payment-due notices
will be sent by e-mail. No bills or invoices will be sent
by postal mail or fax.
If payment was not received by the due-date, your account
will be suspended.
To have your account re-established, you will need to pay
the monthly fees, plus
any interest that may have accumulated at the rate of 12.35%
per year. There is a
$35 fee for bounced cheques and a $45 processing fee for chargebacks.
b) Renewals: Your account will be automatically
renewed under the same time and
fee structure unless you give written notice to Beryl P. Hosting
thirty (30) days
before the renewal date that you do not wish to renew or make
changes to such
account.
c) Cancellation & Refunds: Should
you become unsatisfied with our services within
the first 30 days of your account activation, berylp Hosting
will refund your
hosting fee subject to the money back guarantee terms listed
in this agreement.
Refunds are not available for pre-paid accounts and after
the 30 days of account
activation. You may however cancel your account at any time.
You will need to
contact customer service and verify information before cancellation
takes place.
You will be charged in full for the entire month in which
you cancelled your account.
Accounts which have negative balances will be collections
and all services will be
terminated, including domain registrations. Refunds are never
available for
domain registrations.
99.% Service Level Agreement "
SLA"
Beryl P. Hosting offers its clients a 99.% network uptime guarantee
for customer
satisfaction purposes and also to ensure that your business
is running problem free.
Beryl P. Hosting will try to maintain maximum uptime. Beryl P.
Hosting is not responsible
for any downtime caused by the client.
30-Day Money Back Guarantee
Beryl P. Hosting offers an unconditional 30-day money back guarantee
that covers
cancellations of an web hosting account made during the first
30 days of service, due
to the inability to deliver satisfactory services. As a part
of our strive to achieve
industry leading customer satisfaction, the customer will
be refunded all hosting
charges made to their credit card minus any setup fees which
are non-refundable.
The guarantee does not apply to accounts with non-use, misuse,
and/or abuse of this
agreement. Domain name registrations are also non-refundable.
Any questions regarding
the 30-day money back guarantee should be forwarded to sales@berylphosting.com.
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