This is the Terms and Conditions between BizPartner and all its hosting services subscribers. BizPartner is a division of Vessel Business Network.
A. BizPartner is the hosting solutions provider which offers disk space storage and data transfer services over the Internet through access to its Web Hosting Server, Virtual Web Server, FTP Server and SMTP & POP Mail Server services;
B. Customer is desirous of accepting BizPartner’s hosting service for an agreed fee for a period of the contract period (generally one (1) year) for its own usage purposes
NOW IT IS AGREED BETWEEN THE PARTIES AS BELOW:
The Internet is neither owned nor controlled by any one entity; therefore, BizPartner can make no guarantee that any given reader shall be able to access BizPartner’s server at any given time. BizPartner represents that it shall make every good faith effort to ensure that its server is available as widely as possible and with as little service interruption as possible.
NOW THEREFORE, in consideration of the mutual promises contained herein, the parties agree to the following policies which BizPartner reserves the right to revise at any time: –
Services allowed – All services provided by BizPartner will not be used for any purposes related to pirated software, computer viruses, hacking, warez, pornography, adult sites, gambling, liquor and any harmful, unethical, abusive, harassing and illegal materials and activities
Spam – Sending unsolicited commercial email (a.k.a. “spam”), cross-posting messages to a large number of Usenet groups, posting obscene or threatening messages while using or referring to a BizPartner email address or web site URL is prohibited. The use of BizPartner’s servers as a mail drop for responses to activities described above is also prohibited. Accounts cancelled due to spam will be billed a “clean up” fee.
Security – Attempts to manipulate BizPartner’s servers or client web sites are prohibited. This includes, but is not limited to, attempting to gain unauthorized access to BizPartner’s servers, mail bombing, or other means of deliberately overloading systems.
System Abuse – Includes, but is not limited to, excessive use of CPU resources or disk space, installing IRC bots, CGI scripts sharing with domains outside of BizPartner, or other CGI scripts that use a disproportionate amount of system resources. BizPartner will determine what constitutes system abuse.
Software/Multimedia Distribution – Accounts cannot be used to distribute “cracked” versions of copyrighted software (a.k.a. warez), serial numbers for copyrighted software or copyrighted multimedia files (i.e. music files or MP3’s). Sites that contain links to pirated software or illegal contraband are also prohibited.
Policy Violation – If an account is used unlawfully or is in violation of the user policy, BizPartner reserves the right to terminate the account without notice and without refunds. Files that violate the user policy are subject to deletion without notice. Clients violating the User Policy will be held responsible for damages to BizPartner’s, including but not limited to, BizPartner’s systems, servers, connectivity, reputation, business, service, network, operations, or equipment and may be assessed a 0 clean up fee. Determining what constitutes a policy violation is the sole discretion of BizPartner’s.
Web Site Content Management – BizPartner’s is not responsible for web site management or files lost or damaged by users. Web site construction and management is the responsibility of the client. Client-maintained backup of all site files is recommended and should be maintained outside of BizPartner’s hosting network. System backups are intended to be used in the event of system failures and are not intended to be accessed to restore files to individual sites. A fee of 0 is applicable should a client require any files from our back up systems. We cannot guarantee that the files contained in our backup systems will be the most current copies available for a given site
System Updates – BizPartner updates systems in real-time as queued batch processes. Therefore, any updates made to the system may not be immediate. These processing times may be changed at any time without notice. If a client or BizPartner support personnel (authorized by a client) makes any modifications to a hosting account, the client is responsible to ensure that these updates have occurred.
Confidentiality – BizPartner shall neither have nor exert any editorial or other subjective control over the substantive content of information, data and materials of the Customers unless as requested by the customer by e-mail or fax. However, BizPartner reserves the right to suspend and terminate the Services in the event of violations of the Services allowed or payment matter.
Log Files – Log files will be deleted on a periodic basis. Users are responsible for downloading their log files. It is recommended that clients who wish to maintain a history of their log files download them monthly.
Termination – This is a yearly hosting contract, however, this agreement may be terminated by either party as follow: –
Customer – within 30 days from our Invoice Date. No refund is allowed after the 30 days period.
BizPartner – may terminate service under this agreement at any time, without penalty, if the Client fails to comply with the terms of this Agreement or upon an indication of credit problems including delinquent payments.
Indemnification/Disclaimer – BizPartner does not guarantee that our services will be uninterrupted and will not be held liable for any claims resulting from the use or the inability to use BizPartner’s Hosting services – including, but not limited to, service interruptions, Internet connectivity problems, unauthorized access to BizPartner’s servers, domain name registrar problems, DNS caching, Internet bandwidth congestion, power failures, and natural disasters.
By using BizPartner services, the client agrees to indemnify and hold BizPartner harmless against any liabilities arising out of defective products sold to customers from BizPartner’s servers, personal injury or property damage caused by products or services sold or distributed from BizPartner’s servers, any material that infringes or allegedly infringes on the rights of a third party available from BizPartner’s servers, and any material that libels or allegedly libels a third party available from BizPartner’s servers.