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of Service (TOS) Agreement
Terms of Service is an agreement between Customer and 007-Host,
a division of BASIC Networks Corp., ("Agreement")
and applies to Customer's account(s) with 007-Host. PLEASE READ
THIS DOCUMENT CAREFULLY and retain it for future reference.
Please note that the information contained herein is subject
to change without notice. Customer agrees to periodically consult
this website for changes or amendments to this Agreement. 007-Host
may, but is under no obligation to, provide notices of any amendment,
modification or update of this Agreement via e-mail to Customers.
using Services provided by 007-Host you agree to the following
terms and conditions.
"Us" "Provider" or "007-Host"
refers to 007-Host, a division of BASIC Networks Corp., and
"You" "Your" "Client"
or "Customer" refers to each person or entity
who applies for internet service or is a designate of any one
who applies for internet service with 007-Host.
Provided by 007-Host
007-Host will rent Internet server space ("Services") to
its customers for the purpose of allowing customers to provide http
internet content to the general public. The Services allow 007-Host
customers to maintain internet websites, receive and maintain e-mail
accounts, and access web space via FTP to upload files for their
websites. 007-Host customers will use the provided Services in a manner
consistent with all applicable State and Federal laws. 007-Host will
make no effort to edit, control, monitor or restrict the content
of data other than as necessary to provide Services. If any of the
activities referenced below are committed, 007-Host may immediately
terminate Customer's account(s) without notice. 007-Host will be the
sole and final arbiter as to what constitutes a violation of the
terms and conditions of this Agreement.
Use of Services
Space and Client Content: 007-Host offers 700 MB of space in our Standard and eCommerce Hosting
Plans and 1000 MB with the 7 Domain eCommerce Plan. Neither
disk space nor bandwidth can be increased. We reserve the right
to not host any website that consumes over 700 MB resp. 1000
MB of disk space. Each plan has a 15,000 file limit. Accounts
are to be used by the primary owner only. Single domain account
holders are not permitted to resell web-hosting services of
their website to other parties, however, owners of the 7 Domain
eCommerce Plan are welcome to resell. Client agrees that webpages
and files uploaded to our servers will not violate any state,
federal or foreign laws or regulations; infringe on any intellectual
property rights of 007-Host or any third party; be defamatory,
slanderous or trade libelous; 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 007-Host or any third party. Customers may
not run IRC bots or clients. Unacceptable uses of our service also include:
Bulk emailing, unsolicited emailings, newsgroup
spamming, copyrighted MP3s, illegal content, illegal
adult content (e.g. showing minors), copyright infringement,
trademark infringement, warez, cracks, or
software serial numbers. 007-Host
will be the sole and final arbiter as to what constitutes a
violation of this policy.
Usage: 007-Host offers 20 GB of data transfer per month
with a 2 GB daily limit for the Standard and eCommerce Hosting Plans and 30 GB with the 7 Domain
eCommerce Plan, also with a 2 GB daily limit. Bandwidth
is calculated on a recurring 30 days. Sites that use over 2
GB per day or 20 resp. 30 GB in 30 days will automatically be
disabled. Bandwidth cannot be combined with multiple plans.
We reserve the right to not host any website that consumes over
30 GB per month.
Resource User Policy: Resources are defined as bandwidth and/or processor utilization.
A website is considered to be using "Excessive amounts
of resources" when it monopolizes the resources available
by using 10% or more of system resources for longer than 60
seconds. There are numerous activities that could cause such
problems; these include: CGI scripts, PHP, FTP, HTTP, etc. A
site that consumes over 2GB/day or 20 resp. 30 GB/month 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. We reserve the rights
to suspend or terminate any hosting account that we feel is
jeopardizing our network. 007-Host will be the sole and final
arbiter as to what constitutes a violation of this policy.
- MySQL: Each database has a 3 user limit, 36,000 queries/user per hour and
3,600 connections per hour.
"Spam": UCE/UBE or "Spam" originating
from a 007-Host account, or associated with a 007-Host account,
is not tolerated. This includes any e-mail that promotes web
sites hosted on a 007-Host account but is sent from an e-mail
address not associated with that 007-Host account. Client shall
not use their 007-Host 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.
007-Host reserves the right to deactivate or terminate any account(s)
upon any indication of such activity without notice. There will
be a $140 clean up fee if an account was suspended for policy
violation. There is a 1000 Email limit that can be sent out
within a 24 hour period.
Information: 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 providers contact 007-Host concerning unethical,
false or unlawful activities by you, 007-Host reserves the right
to terminate your service without notice.
Software Only: Client agrees to use only properly licensed
third party software in connection with Client's use of the
Files: 007-Host will make every reasonable effort to protect
and backup data for Client on a regular basis, however 007-Host
does not guarantee the existence, accuracy, or regularity of
its backup services and, therefore, client is solely responsible
for independent backup of data stored on Providers server and
network. There is a one time fee of $100 for our Administrator
to retreive client's individual back-up files.
Uptime: 007-Host has a 99.9% average uptime across our entire
network at large, which includes webservers, mailservers, and
more - as a whole. If a single server is temporarily offline,
the rest of the 007-Host servers remain unaffected and uninterrupted,
thus contributing to our overall uptime.
Name Registration: 007-Host uses ItsYourDomain for domain
name registration. There is a $9.75/year fee for new domain
name registrations and $12 for transfers. (Domains do not need
to be transferred to our registrar for the sites to be hosted
to Refuse Service
its sole discretion, 007-Host has the right to refuse any and
all service or services to any applicant, customer, client whether
it be an individual or legal entity.
Payment Obligations, Renewals, and Cancellations
Obligations: Full payment is required in advance, before
hosting service is established. You grant 007-Host the right
to debit the credit card or bank account via our online billing
services 2CheckOut, SWREG, or PaySystems, depending on the form
or payment and currency you choose to pay in. You will be billed
until the service is cancelled by you in writing (e-mail or
FAX) or is cancelled by 007-Host according to terms of this
Agreement. You warrant and represent that the information you
supply in the Order Form (or other information that 007-Host
may require) is accurate and truthful. All payment-due notices
will be send by electronic mail by 2CheckOut, SWREG, or PaySystems.
No bills or invoices will be sent by postal mail or FAX. If
payment was not received by the renewal date, your account will
be suspended within 7 days after payment due date. Any
suspended account will be terminated within 15 days after
payment due date if no payment is received within this time.
Your account will be automatically renewed under the same time
and fee structure unless you give written notice to 007-Host
two (2) days before the renewal date that you do not wish to
renew such account.
You may cancel at anytime. If you cancel before the first 30
days, please refer to the details under "Limited 30-day
Money Back Guarantee." If you cancel after the first 30
days from the opening of your account, you will be obligated
to pay all fees and charges accrued prior to the effectiveness
of the cancellation. 007-Host will refund to you the prepaid
fees for basic hosting for the full months remaining after effectiveness
of cancellation, less any prior fees and charges, and an early
cancellation fee of $25. All cancellations must be received
in writing as per the deadlines indicated by e-mail or FAX.
Cancellations will be processed by our staff on a daily basis.
30-day Money Back Guarantee
you are not completely satisfied with our services within the
first 30 days from the opening of the account, you will be given
a full refund on your hosting fee excluding setup fees and additional
services. If paid by credit card, refunds will be issued to the
original credit card provided at the time of purchase. If your
account has been cancelled by us due to a breach of the terms
and conditions on your part, you will not be eligible for a refund.
Domain name registration is non-refundable.
You agree to use the Services and any information obtained through
or from 007-Host at your own risk. You acknowledge and agree that
007-Host exercises no control over, and accepts no responsibility
for, the content of information passing through 007-Host's host
computers, network hubs, points of presence or the internet. THE
SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN AS IS,
AS AVAILABLE BASIS. 007-HOST MAKES NO WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES
OF NON-INFRINGEMENT, MERCHANTIBILITY OR FITNESS FOR A PARTICULAR
PURPOSE WITH RESPECT TO THE SERVICES IT PROVIDES. 007-HOST MAKES
NO WARRANTIES THAT THE SERVICES WILL NOT BE INTERRUPTED OR ERROR-FREE
OR THAT ANY RESULTS OBTAINED FROM THE USE OF SERVICES IS ACCURATE
AND RELIABLE. 007-HOST EXPRESSLY DISCLAIMS ANY LIABILITY FOR THE
CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM CUSTOMER OR
STORED BY CUSTOMER OR ANY OF CUSTOMER'S CUSTOMERS VIA THE SERVICES
PROVIDED BY 007-HOST. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN
BY ANY 007-HOST PERSON WILL CREATE ANY WARRANTY OR MAY YOU RELY
ON SUCH INFORMATION OR ADVICE. The terms of this Section will
survive any termination of this Agreement.
is not responsible for any interruption in service or down time
that may occur, whether due to external network disruptions or
negligence of 007-Host. This includes loss of data resulting from
delays, non-deliveries, wrong delivery, equipment failure and
any and all other service interruptions caused by 007-Host.
You agree that 007-Host will not be responsible for any losses that
may incur where Services are accessed by third-parties through
illegal or otherwise unauthorized means, including but not limited
to situations where data is accessed through the exploitation
of security gaps, weaknesses or flaws (whether known or unknown
to 007-Host at the time) which may exist in the Services or in 007-Host's
equipment used to provide the Services.
no circumstances will 007-Host be liable for any consequential,
indirect, incidental, special or punitive damages, or loss of
profits, revenue, data or use by Customer, any of its customers,
or of any other third party, whether in an action in contract
or tort or strict liability or other legal theory. 007-Host will
not be liable to Customer, any of its customers, or any other
third party, for any loss or damages that result or are alleged
to have resulted from the use of or inability to use the Services,
or that results from mistakes, omissions, interruptions, deletion
of files, loss of data, errors, viruses, defects, delays in operations,
or transmission or any failure of performance, whether or not
limited to acts of God, communications failure, theft, destruction
or unauthorized access to 007-Host's records, programs, equipment
anything to the contrary in this Agreement, 007-Host's maximum liability
under this Agreement for all damages, losses, costs and causes
of actions from any and all claims (whether in contract, tort,
including negligence, quasi-contract, statutory or otherwise)
will not exceed the actual dollar amount paid by Customer for
the Services which gave rise to such damages, losses and causes
of actions during the 12-month period prior to the date the damage
or loss occurred or the cause of action arose.
limitation of liability reflects an informed, voluntary allocation
between the parties of the risks (known and unknown) that may
exist in connection with this Agreement. The terms of this Section
will survive any termination of this Agreement.
Customer agrees to indemnify, defend and hold harmless 007-Host,
its officers, directors, employees, shareholders and agents from
and against any and all claims, damages, losses, liabilities,
suits, actions, demands, proceedings (whether legal or administrative),
and expenses (including, but not limited to, reasonable attorney's
fees) threatened, asserted, or filed by a third party arising
out of or relating to (i) Customer's use of the Services, (ii)
any breach by Customer of this Agreement, or (iii) any acts or
omissions of Customer. The terms of this Section will survive
any termination of this Agreement.
007-Host will not be liable for failure or delay in performing it
obligations if such failure or delay is due to circumstances beyond
its reasonable control, including but not limited to acts of any
governmental body, war, insurrection, sabotage, embargo, fire,
flood, strike or other labor disturbance, interruption of or delay
in transportation, unavailability of, interruption or delay in
telecommunications or third party services (including DNS propagation),
failure of third party software or hardware or inability to obtain
raw materials, supplies or power used in or equipment needed for
provision of the Services.
of Customer Information and Legal Process
Although 007-Host maintains strict confidentiality on Customer's
information, there are certain exceptions in which 007-Host may
disclose information in its possession, including but not limited
to information about the Customer's internet transmissions and
website activity in order to comply with court order, subpoena,
discovery request, warrant, statute, regulation or official governmental
requests. 007-Host has no obligation to notify Customer about whom
the information is sought or that 007-Host has provided the information.
Customer acknowledges the above exceptions and agrees to them
Law; Jurisdiction; Arbitration
In the event of recourse to legal action, both parties agree to
submit to personal jurisdiction in the state of BASIC Network
Corp.'s incorporation, and the agreement shall be governed by
the law of that state. An award rendered in connection with arbitration
pursuant to this Section shall be final and binding upon the parties.
The parties agree that the award of the arbitral tribunal will
be the sole and exclusive remedy between them regarding any and
all claims and counterclaims between them with respect to the
subject matter of the arbitrated dispute. The terms of this Section
will survive any termination of this Agreement.
Customer will not have the right to assign this Agreement without
the prior written consent of 007-Host.
This Agreement represents the entire agreement between the parties,
and supersedes all previous representations, understandings or
agreements. If any provision of this Agreement is held by a court
of competent jurisdiction to be invalid, unenforceable, or void,
the remainder of this Agreement will remain in full force and
hereby represents that he, she or it, is either an individual
entering this Agreement for his or her personal use and is over
18 years of age, or is a corporation other legal corporate entity,
duly organized, validly existing and in good standing under the
laws of the state of its organization and the person acting on
behalf of Customer is duly authorized to accept, execute and deliver
this Agreement on behalf of Customer.