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Related Documents:
Business Source Zero Terms of Service Agreement
Business Source Zero ("The Company") agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service). From herewith in this TOS and AUP, the usage of "BS0", "us", "we", "our", "ours" shall constitute reference to Business Source Zero, the usage of "you", "your", "they", "them" shall refer to client / customer of Business Source Zero.
Use of company services constitutes acceptance and agreement to the company's AUP as well as the company's TOS (Terms of Service). All provisions of this contract are subject to the TOS (Terms of Service) of Business Source Zero and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment.
This Agreement shall be construed in all respects in accordance with the laws of the state of New York, county of Suffolk applicable to contracts enforceable in that state. Venue will be Suffolk County, New York.
Disclosure: The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber.
Service Rates: Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.
Commercial Advertising - Email (SPAM): Spamming, or the sending of unsolicited email, from a BS0 server or using an email address that is maintained by BS0 is STRICTLY prohibited and will qualify your site for immediate deactivation with no refund. BS0 will be the sole arbiter as to what constitutes a violation of this provision. Additionally claims investigated by BS0 about SPAM from any of our users or users of theirs, will be fined and billed for such work. The fee for such an instance if you are found to be at fault is $.50 per email sent and up to a $500 fine per incident.
Server abuse: Any attempts to undermine or cause harm to any BS0 server or customer of BS0 is strictly prohibited. BS0 holds no responsibility for the use of our clients' accounts. Any account that abuses server resources and is not corrected, calls for immediate de-activation without any refund of payments made thus far. Any site using what we deem to be using excessive cpu cycles or any resources that cause strain to other sites may also be offered new terms.
Contact & Billing Information: You must provide us with, and keep current, good contact information for you. E-mail and telephone contacts are required.
New Domain Accounts: All new web-hosting accounts involving new domains will be set up and entered into our DNS servers within 3 to 5 business days. Due to unforeseen complications, however, this process may sometimes require up to 7 business days. If the new domain is registered by the account holder, there will be no handling fee. If the domain is registered by BS0 on behalf of the account holder a handling fee will be incurred.
Bandwidth and Disk Usage: Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form (the "Agreed Usage"). BS0 will monitor Customer's bandwidth and disk usage. BS0 shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in BS0's sole and absolute discretion. If BS0 takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that a customer exceeds the included allocation, BS0 may, at its sole discretion, collect a deposit, in an amount determined by BS0, against customer's credit card on file with BS0.
System and Network Security: Users are prohibited from violating or attempting to violate the security of the BS0 Network. Violations of system or network security may result in civil or criminal liability. BS0 will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:
- Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
- Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
- Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
- Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
- Taking any action in order to obtain services to which such User is not entitled.
Notification of Violation:
- BS0 is under no duty to look at each customer's or user's activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.
- First violation: Any User, which BS0 determines to have violated any element of this Acceptable Use Policy, shall receive an email, warning them of the violation. The service may be subject at BS0's discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations.
- Second Violation: Users that BS0 determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.
- We reserve the right, to drop the section of IP space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer's network, or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.
Billing and Fees: Subsequent payments are due on the anniversary date of the month for that month's service. Accounts not paid by due date are subject to a $7.50 late fee. Service will be interrupted on accounts that reach 7 days past due. Service interrupted for nonpayment is subject to a $25.00 reconnect charge. Service will be terminated on accounts that reach 15 days past due. If any terms or conditions fail to be followed the account in question will be automatically deactivated.
Disputes and Failure to Pay: All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in Business Source Zero's sole discretion is a valid charge under the provisions of the TOS and /or AUP, you agree to pay an "Administrative Fee" of not less than $50 and not more than $150. The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
Refunds: All payments are NON-REFUNDABLE! All annual plans, both shared, dedicated, and co-location, are NON-REFUNDABLE! All payments for dedicated, co-location, or related services are NON-REFUNDABLE!
Cancellation: All cancellations must be sent to sales@bs0.com. While there are no cancellation fees, you must cancel prior to your next billing cycle. Payments made up to your cancellation date are not refundable. This does not include any added support or service fees you have contracted us to provide. We reserve the right to remove any account without advanced notice for any reason at any time without prior notice.
Liability and Warranty: We are not responsible for any damages your business may suffer. We do not make implied or written warranties for any of our services. Business Source Zero denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by us. The client acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, client agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. You further acknowledge that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by the client for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.
Refusal of Service: We reserve the right to refuse, cancel, or suspend service at our sole discretion.
Modifications: These terms may be modified at any time and without notice. All users previous and new clients are always subject to the newest terms posted here at all times. It is the end users responsibility to be aware of the latest terms of service and other policies at all time. It is our responsibility to provide these policies in a ready and readable form. We may or may not elect to post updates to our policies in various mediums available including but not limited to; email, forums, ticket systems, and chats.
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