Best Web Host, Inc.
TERMS OF SERVICE
Best Web Host,
Inc. services may only be used for lawful purposes. Transmission, storage, or presentation
of any information, data or material in violation of any United States Federal, State or
City law is prohibited. This includes, but is not limited to copyrighted material,
material we judge to be threatening or obscene or material protected by trade secret and
other statute. The subscriber agrees to indemnify and hold harmless Lauren Raymond,
President, and/or Best Web Host, Inc. and its individual contributors from any claims
resulting from the use of the service which damages the subscriber or any other party.
Any attempt to undermine or cause harm to a server, or customer, of Best Web Host, Inc. is
strictly prohibited. We prohibit sites that promote any illegal activity or contain any
content that may be damaging to our servers or any other server on the Internet.
Links to these sites are also prohibited. Best Web Host, Inc. will be the sole arbiter as
to what constitutes a violation of this provision.
Here are some examples of unacceptable content and links: Pirated software, Hacker
programs or archives, & Warez sites.
WE
DO NOT ALLOW HATE GROUP SITES!!!!!!!
Best Web Host, Inc. will be the
sole arbiter in determining violations of this provision.
We
do not allow clients to install their own chat rooms. These are a large drain on system
resources. (Please use our INCLUDED chat room scripts if you want a chat room)
We
do not allow programs to run continually in the background.
We do not allow IRC or IRC bots to be
operated on our servers.
We do not allow
the sale of products such as fake IDs or other types of similar items.
We do not allow
the sale of products such as stocks and bonds, gaming of any kind, any form of gambling,
etc...
We do not allow
sites which include advice on or links to
sites which include anything that is not allowed
within our terms of service.
Spamming,
or the sending of unsolicited email, from a Best Web Host, Inc. server or by using an
email address or domain that references our servers is STRICTLY prohibited. Best Web Host,
Inc. will be the sole arbiter as to what constitutes a violation of this provision.
To
maintain the integrity of our service, the following restrictions apply:
1) No more than 20% of any site's monthly traffic is to be used for downloads or outgoing
data of any sort.
2) No sites will be allowed to use more than 20% of our system resources.
Best Web Host, Inc. will be the sole arbiter as to what constitutes a violation of this
and any other provision of these terms.
Lauren Raymond, President, and/or Best Web Host, Inc. and its
individual contributors assume no responsibility for the accuracy, errors, omissions,
performance, uses, or material contained in the Service.
The Service is provided "AS IS" WITHOUT WARRANTY OF ANY
KIND, EITHER EXPESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
You
agree that access to and use of all of the services is at your own risk and neither Lauren
Raymond, President, and/or Best Web Host, Inc., nor its principals shall be liable for any
claims, liabilities, losses, damages, costs or expenses of any kind arising from or
related to either your use of the services or any action or omission of Lauren Raymond,
President, and/or Best Web Host, Inc., and/or its principals in providing the services.
You further agree to indemnify and hold Lauren Raymond, President, and/or Best Web Host,
Inc., and its principals harmless from and with respect to any and all claims,
liabilities, losses, damages, costs and expenses, joint or several, under statute, common
law or otherwise, arising out of, based upon or in connection with access, use, inability
to use or misuse of the services or any other circumstances.
This
agreement shall be governed by and construed in accordance with the laws of the City of
Phoenix, AZ, and to the extent such courts have jurisdiction, by the State of Arizona or
the United States District Courts located in Arizona. The parties hereby agree that the
appropriate forum for any disputes arising out of this Agreement or the transactions
contemplated hereby shall be the city courts of Phoenix, AZ, the state courts of the State
of Arizona, and the United States District Courts located in Arizona, and the parties
hereby irrevocably consent to the exclusive and personal jurisdiction of such courts. If
it becomes necessary to refer the client account to an attorney and/or court for
collection, the client shall pay all reasonable attorney's fees, court fees and collection
expenses. All delinquent accounts bear interest at the legal rate.
Advance payment is accepted.
No refunds for any reason.
If you use our services to register a
new domain name, (if you choose New Domain Registration on the web hosting order form when
you sign up) you will be billed an additional fee of $14.99 on your credit card. The
fee to register and to use a domain name for one year is $14.99 a year for names ending in
.com .net .org
There
are no refunds or exchanges for domain name registrations.
If you use our services to transfer your
current registrar to the registrar that we use (Tucows, Inc) you will be billed an
additional fee of $14.99 on your credit card. The fee to register and to use a
domain name for one year is $14.99 a year for names ending in .com .net .org
You do not have to switch registrars if you want to use our web hosting service.
If you use our services to transfer your domain name to our web hosting services without changing
registrars, you will NOT be billed an additional fee of $14.99 on your credit card
unless you specifically ask us to transfer your registrar.
We accept Visa and Mastercard and American Express
&
Debit Cards & Checks and Money Orders.
The charge on your credit card will be from
Best Web Host , Inc
We only accept payment in US
currency.
There is a $100.00
restoration fee for sites deleted for cancellation or non-payment.
Daily backups are for rebooting the
server if necessary.
They are not for restoring client files on an individual basis
although in most cases we will restore them for you at
no charge.
Clients should keep their own backup copies of everything.
Please note: the Windows ASP
server is not backed up like the Linux servers
so please be sure to back up your site.
You agree that we are not responsible for keeping copies of any of your files and use of
all of the services is at your own risk and neither Lauren Raymond, President, and/or Best
Web Host, Inc., nor its principals shall be liable for any claims, liabilities, losses,
damages, costs or expenses of any kind arising from or related to either your use of the
services or any action or omission of Lauren Raymond, President, and/or Best Web Host,
Inc., and/or its principals in providing the services. You further agree to indemnify and
hold Lauren Raymond, President, and/or Best Web Host, Inc., and its principals harmless
from and with respect to any and all claims, liabilities, losses, damages, costs and
expenses, joint or several, under statute, common law or otherwise, arising out of, based
upon or in connection with access, use, inability to use or misuse of the services.
We reserve the right to refuse, cancel,
or suspend service at our sole discretion.
YOUR USE OF OUR SERVICES MEANS THAT YOU
ACCEPT ALL OF OUR TERMS OF SERVICE.
These terms are subject to change without notice. Please read these terms of service
regularly.
Failure to follow any term or
condition will be grounds for immediate account deactivation.
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