BIZHOSTNET ("BIZHOSTNET")
maintains this Web site as a service to the
Internet community, as well as the small
business community. BIZHOSTNET permits users
to browse and peruse BIZHOSTNET.COM for the
purpose of accessing information, products
and services to develop and grow a business
presence online.
By visiting this Web site
and/or using or purchasing goods and/or
services from or through this Web site, you
agree to be subject to the terms and
conditions set forth herein and all
applicable laws.
BIZHOSTNET may revise these
terms and conditions and any product
offerings or pricing at anytime, without
notice, at BIZHOSTNET's sole discretion, by
updating this posting.
This offer is expressly conditioned upon
YOUR ACCEPTANCE of these Terms of Service
("Terms").
Your use of or access
to BIZHOSTNET.COM constitutes your Agreement
to these Terms, as in effect from time to
time. This offer and your acceptance thereof
represents the entire agreement between you
and BIZHOSTNET, and supersedes any and all
other communications, prior, contemporaneous
or subsequent, and any course of performance
or course of dealing, except as modified by
revisions of this posting by BIZHOSTNET or
by written agreement by an authorized
officer of BIZHOSTNET (provided, however,
that any such revised posting shall take
effect prospectively from the date of the
posting.) The Terms and the relationship
between you and BIZHOSTNET shall be governed
by and interpreted in accordance with the
laws of the Commonwealth of New York, United
States of America, without reference to its
principles of conflicts of law. BIZHOSTNET
reserves the right to send notices to its
customers of changes to the BIZHOSTNET
Privacy Statement or these Terms of Service,
or of any material changes affecting their
plan.
It is your responsibility to keep BIZHOSTNET
notified of any changes to your e-mail
address or contact information to assure
that customers receive all such notices from
BIZHOSTNET. Billing and contact information
can be updated directly through the
BIZHOSTNET Members Area or by contacting
BIZHOSTNET's support department at contact us form.
Monthly Payments: Monthly payments
may be made by credit card. Your credit card
will be billed each month for the plan you
select. Your first payment may include a
set-up fee. We will AUTOMATICALLY BILL your
payment to the credit card you provide each
month.
Quarterly Payments: Quarterly
payments may be made by credit card. Your
credit card will be billed each quarter for
the plan you select. Your first payment may
include a set-up fee. We will AUTOMATICALLY BILL
your payment to the credit card you provide each quarter.
Annual Payments: Annual payments may
be made by credit card. Your first payment may include a
set-up fee, as indicated in the registration
process. If you choose to pay by credit
card, we will AUTOMATICALLY BILL your
payment to the credit card you provide each year.
Payments schedule: Your payment schedule will be
posted under your control panel at Account Information-Payments History section. Please note: payment schedules are based on our current prices of your plan and are only for approximate reference. We reserves the rights to change the prices and the payment schedules for any non already paid service period at anytime without explicit notice. New prices will be based on our currently posted prices for the same plan and period of service.
Auto Renewal: To provide uninterruptible service to your web site -
your account will be auto renewed 5-7 days before the date your subscription terms will expire.
Auto-Renew will be initiated as long as there are funds in a customer account.
Credit Card Payments: customers are
responsible for keeping credit card
information up to date. BIZHOSTNET reserves
the right to suspend an account and its Web
site if, for any reason, we are not able to
process payment through the credit card
provided by the customer (e.g., card has
expired, account number has changed). You
can review and correct information through
the "Update Billing Info" link in
the Members Area.
You are free to cancel your plan at any
time.
To cancel your plan you need to inform BIZHOSTNET.
Cancel request must be in written. You can contact us or open support ticket.
If you purchase a plan that includes a
30-day money-back guarantee, BIZHOSTNET will
refund all monthly fees previously paid by
you upon your request. The 30-day money-back
guarantee refers to credit-card payments
only. Due to the costs associated with
processing payments made by check and
Western Union, we are not able to offer the
30-day money-back guarantee for customers
who utilize these payment methods.
Set-up fees, fees for products not included
in your plan - such as domain names - and
monthly membership charges incurred after
the first 30 days are not refundable.
In most cases, we will process a refund
using the same form of payment (e.g., credit
card, check or Western Union) that was
originally used to pay for the product being
refunded. If we are not able to do so, we
will issue the refund in the form of a
check.
If your credit card has been AUTOMATICALLY charged for
renewal of your plan you have 15 days after the charge has been made to cancel your plan with full refund.
You have 30 days to dispute any charge or
payment processed by BIZHOSTNET. If you have
a question concerning a charge you believe
is incorrect, please contact us at
contact us form.
Terms and conditions, our Terms of Service,
product offerings and pricing are subject to
change at any time, without notice.
If you have enrolled in a free plan, your
Web site may carry BIZHOSTNET advertising
HTML, which includes an advertising banner.
BIZHOSTNET reserves the right to run
additional messages and information from our
advertisers or BIZHOSTNET on free Web sites.
These advertisements are automatically
inserted to display at the very top of your
free Web site. If you would prefer not to
have such advertising and sponsorships on
your Web site, you may register for a plan
that does not include advertising and
sponsorships.
When you register with BIZHOSTNET, you
become a part of the BIZHOSTNET community.
As a customer of the BIZHOSTNET community,
you may have access to information and the
ability to use BIZHOSTNET's buying and
directory services as you expand your
business. If you do not accept any of these
terms, do not register for the services.
By registering with BIZHOSTNET, you agree to
receive a copy of the BIZHOSTNET weekly
newsletter, as well as other special
BIZHOSTNET offers that may arise from time
to time. Should you not wish to receive the
newsletter or any related such mailings, you
may unsubscribe by using our subscription
settings form.
Domain name registrations are not guaranteed. If PROVIDER has paid for the registration of CLIENT's domain name (free domain with a web hosting plan) and CLIENT cancels his/her web hosting plan CLIENT will be charged $15.00 for the domain name registration.
Free domain names are offered for period of 1 year for new orders only.
Pursuant to BIZHOSTNET's Privacy
Statement, BIZHOSTNET may disclose to
third parties certain aggregate information
contained in your Registration Data or
related data, provided that, such
information will NOT include personally
identifying information, except as
specifically authorized by you or in the
good faith belief that such action is
reasonably necessary to comply with the law,
legal process, to enforce the Terms, or
under any of the other circumstances set
forth in the BIZHOSTNET privacy policy, as
may be amended from time to time.
BIZHOSTNET makes no guarantee as to the
availability of or access to
(i)
its Web site,
(ii)
any customer website or other website,
information or material hosted by
BIZHOSTNET, or
(iii)
the products and/or services available on or
through any of the above.
BIZHOSTNET is not responsible for the
content of any Web page hosted on
BIZHOSTNET, and the opinions and views
expressed in the Web pages hosted on
BIZHOSTNET do not necessarily reflect those
of BIZHOSTNET. The contents of the Web pages
hosted on BIZHOSTNET are not monitored or
reviewed in any way before they appear on
BIZHOSTNET.
BIZHOSTNET reserves the right to disable any
scripts or other technology used by a member
which has or could have a negative impact on
the performance of BIZHOSTNET's systems,
e-mail capabilities and/or hosting
environment.
BIZHOSTNET services may only be used for
lawful purposes. Transmission or
solicitation of any material that violates
United States Federal, State or other laws
that may apply in this jurisdiction or your
local area is prohibited. This may include
material that is obscene, threatening,
harassing, or libelous, promotes gambling,
or is in any way a violation of intellectual
property laws. No material may be published
on Web pages hosted by BIZHOSTNET that would
commonly be considered "indecent"
or "appealing to the prurient
interest" also commonly referred to as
"adult" material, nor will any
links to such Web sites be tolerated within
the Web pages hosted by BIZHOSTNET.
Much of the content and many of the goods
and services offered on or through
BIZHOSTNET are provided by third parties,
usually known as "Affiliates,"
under contract with BIZHOSTNET. When you
access such content or purchase such goods
or services, you are contracting with an
Affiliate and not with BIZHOSTNET.
BIZHOSTNET makes reasonable commercial
efforts to assure that its Affiliates are
reputable but cannot guarantee the content,
goods and/or services that they provide.
If you experience a problem with the
content, goods and/or services accessed from
the Affiliates through BIZHOSTNET, please
notify us at contact us form.
Complaints may be investigated by BIZHOSTNET
but BIZHOSTNET is under no obligation to act
or not act with regards to any complaint.
Any action taken on a complaint will be at
the sole discretion of BIZHOSTNET. Notice of
problems encountered in accessing such
content or purchasing such goods or services
through BIZHOSTNET Affiliates should be
directed to:
Notices of such problems should contain the
following information:
- Identification of the Affiliate with
whom there is a problem.
- Identification and description of the
nature of the problem.
- The address, telephone number, or
e-mail address of the complaining party.
- A statement, under penalty of perjury,
that the information in the notification
is accurate.
Standard and Private-Label Resellers who
sign up customers to become members of
BIZHOSTNET are subject to the following
additional terms:
The Reseller agrees, on behalf of both the
Reseller and each customer signed up by the
Reseller, to comply with the BIZHOSTNET
Terms of Service.
In the event that a Reseller or a Reseller's
customer is determined to be in violation of
the Terms of Service, the Reseller shall,
upon receipt of notice of the violation,
take prompt action to ensure that the
account in question is updated to be in full
compliance with the Terms of Service.
BIZHOSTNET is not responsible for the
actions or misrepresentations of Resellers.
The Reseller hereby agrees to indemnify
BIZHOSTNET from and against any and all
claims made by any customer which result
from the Reseller's misrepresentation,
breach of the Terms of Service or other
improper actions by the Reseller.
BIZHOSTNET reserves the right to revise its
Standard and Private-Label Reseller Programs
and the Terms of Service at any time.
Changes shall take effect when posted to
this Web site.
Customers who have been signed up by
Resellers agree to operate their Web sites
in accordance with the Terms of Service.
Resellers cannot make any modifications to
the BIZHOSTNET Terms of Service. Any such
alterations shall be deemed a violation of
the Terms of Service and could result in a
cancellation of a Reseller's account(s).
BIZHOSTNET is not responsible for any
modifications made to the Terms of Service
by Resellers.
Resellers in the Standard Reseller Program
assume all responsibility for billing and
technical support for each of their
customers. BIZHOSTNET reserves the right to
refuse inquiries made to technical support
from the customers of Resellers in the
Standard Reseller Program.
If you witness a violation of these Terms,
please notify us at contact us form.
Complaints may be investigated by BIZHOSTNET
but BIZHOSTNET is under no obligation to act
or not act with regards to any complaint.
Any action taken will be at the sole
discretion of BIZHOSTNET. Notice of
violations of these Terms should be directed
to:
Sending unsolicited commercial or bulk
e-mail or any other method of distributing
electronic messages to recipients who have
not requested them, otherwise known as
"spam" from our servers, or
sending such e-mail with a BIZHOSTNET-hosted
Web site listed as the contact address, or
any use of BIZHOSTNET's services or systems
associated in any way with such mailings is
strictly forbidden. BIZHOSTNET will
immediately terminate, without any warning,
the account of any customer who conducts
these activities. BIZHOSTNET also reserve
the right to remove customers who send
mass/spam news postings, as well as any
accounts advertising or distributing
software or services that may contribute to
news or e-mail spamming. BIZHOSTNET reserves
the right to report such violations to the
proper government authorities, as well as
Internet service providers, and Internet
control organizations, including, but not
limited to, UUNet and Navisite. To report
spam, please forward the spam with all
original headers to contact us form.
BIZHOSTNET prohibits all scripts that
automatically update a links listing and are
submitted to by automated programs, either
by design or by use. Use of these scripts is
grounds for termination of your BIZHOSTNET
account without any prior notice.
It is a violation of these Terms for you to
misuse or fraudulently use credit cards,
charge cards, electronic funds transfers,
and/or electronic checks. A determination of
such misuse or fraudulent use shall be in
BIZHOSTNET's sole discretion. Further,
BIZHOSTNET shall report, and you shall waive
all rights to privacy, to the extent
permitted by law, all such misuses and
fraudulent uses as determined by BIZHOSTNET
in its sole discretion to appropriate
government authorities, credit reporting
services, financial institutions and credit
card companies.
It is a violation of these Terms for you to
attempt to breach or to breach the security
or firewall systems of BIZHOSTNET, its
Internet access provider, or its Affiliates.
If you become aware of such an attempt to
breach or actual breach, please notify us at
contact us form.
Complaints may be investigated by BIZHOSTNET
but BIZHOSTNET is under no obligation to act
or not act with regards to any complaint.
Any action taken on a complaint will be at
the sole discretion of BIZHOSTNET. Notice of
attempts to breach or actual breaches of
such security or firewall systems should be
directed to:
Notices of such problems should contain the
following information:
- Identification of the security or
firewall system that complainant
believes was breached or on which a
breach was attempted.
- Identification of the individual or
entity who has attempted to or actually
committed the breach.
- Identification and description of the
nature of the attempted or actual
breach.
- The address, telephone number, or
e-mail address of the complaining party.
- A statement, under penalty of perjury,
that the information in the notification
is accurate.
BIZHOSTNET and Affiliates shall not have any
obligation to refund payments made by
customers terminated for violating these
Terms.
BIZHOSTNET reserves the right to terminate
in its sole discretion any BIZHOSTNET's Web
site because of the traffic or bandwidth
requirement of such Web site exceeds the
limitations for Bandwidth usage set forth
below or in the event such website's usage
creates other operational or technological
problems.
Data transfer is limited to a monthly
maximum dictated by your level of plan and
additional purchases. In the event that you
exceed your bandwidth limitation, you may be
contacted by support and given an
opportunity to expand your bandwidth
limitation.
In the event that you fail to respond to
such e-mail contact and BIZHOSTNET
determines that you have exceeded such usage
during any given month, BIZHOSTNET reserves
the right to suspend visitor access to the
account until the next calendar month OR
upgrade your plan to the next higher plan
level that is sufficient to satisfy your
Bandwidth usage during the month in which
you exceeded such limit. Thereafter, your
monthly plan fee would be revised
accordingly to the posted monthly for such
plan level. Any amounts payable by You in
connection with your plan shall be payable
in U.S. currency. Your failure to pay any
required fees or charges may result in
termination of your BIZHOSTNET plan.
If you witness a violation of these Terms,
please notify us at contact us form.
Complaints may be investigated by BIZHOSTNET
but BIZHOSTNET is under no obligation to act
or not act with regards to any complaint.
Any action taken will be at the sole
discretion of BIZHOSTNET. Notice of
violations of these Terms should be directed
to:
Notices of such problems should contain the
following information:
- Identification of the individual or
entity which complainant believes has
violated these Terms.
- Identification and description of the
nature of the violation.
- The address, telephone number, or
e-mail address of the complaining party.
- A statement, under penalty of perjury,
that the information in the notification
is accurate.
It is BIZHOSTNET's policy to protect the
intellectual property rights of others and
to act expeditiously upon notice of claimed
infringement, to investigate and to take
appropriate actions. BIZHOSTNET will
terminate all customers and users who are
repeat infringers of intellectual property
laws.
It is also BIZHOSTNET's policy to protect
its own intellectual property rights. Any
infringement of BIZHOSTNET's intellectual
property rights will result in immediate
termination by BIZHOSTNET of the infringing
BIZHOSTNET's contract. However, BIZHOSTNET
will permit fair use of its trademarks.
Any questions about what constitutes fair
use versus infringement should be directed
to:
Upon receipt of notices complying or
substantially complying with the Digital
Millennium Copyright Act, BIZHOSTNET will
act expeditiously to remove or disable
access to any material claimed to be a
copyright infringement. Notices of copyright
infringement should be directed to:
Notices of copyright infringement should
contain the following information:
- A physical or electronic signature of
a person authorized to act on behalf of
the copyright owner that is allegedly
infringed.
- Identification of the copyrighted work
claimed to have been infringed.
- Identification of the material that is
claimed to be infringing or to be the
subject of infringing activity.
- The address, telephone number, or
e-mail address of the complaining party.
- A statement that the complaining party
has a good faith belief that use of the
material in the manner complained of is
not authorized by the copyright owner,
its agent, or the law.
- A statement, under penalty of perjury,
that the information in the notification
is accurate, and that the complaining
party is authorized to act on behalf of
the owner of an exclusive right that is
allegedly infringed.
When BIZHOSTNET removes or disables access
to any material claimed to be a copyright
infringement, BIZHOSTNET may attempt to
contact the user or customer who has posted
such material in order to give that user or
customer an opportunity to respond to the
notification, although BIZHOSTNET makes no
promise to do so. Any and all counter
notifications submitted by the user or
customer will be furnished to the
complaining party. BIZHOSTNET will give the
complaining party an opportunity to seek
judicial relief in accordance with the DMCA
before BIZHOSTNET replaces or restores
access to any material as a result of any
counter notification.
YOU AGREE THAT ALL ACCESS AND USE OF
BIZHOSTNET AND THE CONTENT AND/OR SERVICES
AND/OR PRODUCTS THEREOF IS AT YOUR OWN RISK.
IN NO EVENT SHALL BIZHOSTNET BE LIABLE TO
YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, EXEMPLARY OR
PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS,
USE OR INABILITY TO ACCESS OR USE
(i)
BIZHOSTNET.COM AND/OR ITS CONTENT AND/OR
SERVICES AND/OR PRODUCTS ,
(ii)
ANY TOOLS OR SERVICES ON BIZHOSTNET.COM,
(iii)
ANY CUSTOMER WEBSITE OR ANY CONTENT ON SUCH
WEBSITES, OR OUT OF ANY ERRORS OR OMISSIONS
IN THE CONTENT THEREOF. YOUR SOLE REMEDY FOR
DISSATISFACTION WITH THIS WEB SITE,
SITE-RELATED SERVICES, PRODUCTS, AND/OR
CONTENT CONTAINED WITHIN THE WEB SITE, OR
WITH THE EXTENT TO WHICH SUCH WEBSITES ARE
"UP" OR ARE AVAILABLE FOR ACCESS
BY YOU OR OTHER USERS OF THE INTERNET, IS TO
STOP USING BIZHOSTNET.
BIZHOSTNET AND ITS CONTENT AND/OR SERVICES
AND/OR PRODUCTS ARE PROVIDED "AS
IS", WITH NO WARRANTIES WHATSOEVER. ALL
REPRESENTATIONS AND/OR WARRANTIES OF ANY
KIND, EITHER EXPRESSED, IMPLIED OR
STATUTORY, INCLUDING, WITHOUT PARTICULAR
LIMITATION TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY
RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE
FULLEST EXTENT PERMITTED BY LAW. ALL
CUSTOMERs ACKNOWLEDGE THAT ANY WARRANTY THAT
IS PROVIDED IN CONNECTION WITH ANY PRODUCT
AND/OR SERVICE AVAILABLE THROUGH BIZHOSTNET
IS PROVIDED SOLELY BY THE OWNER, ADVERTISER,
OR MANUFACTURER OF THAT PRODUCT AND/OR
SERVICE, AND NOT BY BIZHOSTNET.
If any provision of these Terms should, for
any reason, be held invalid or unenforceable
in any respect, the remainder of these Terms
shall be enforced to the full extent
permitted by law. A court of competent
jurisdiction is hereby empowered to modify
the invalid or unenforceable provision to
make it valid and enforceable.
Both you and BIZHOSTNET hereby agree to
waive all respective rights to a jury trial
of any claim or cause of action related to
or arising out of these Terms. The scope of
the waiver is intended to be all
encompassing of any and all disputes that
may be filed in any court and that relate to
the subject matter herein, including without
limitation, contract claims, tort claims,
breach of duty claims, and all other common
law and statutory claims. You and BIZHOSTNET
each acknowledge that the waiver is a
material inducement for each party to enter
into a business relationship, that each
party has already relied on the waiver in
entering into these Terms and that each will
continue to rely on the waiver in their
related future dealings. Each party further
warrants and represents that each has had
the opportunity to have legal counsel review
the waiver. The waiver is irrevocable,
meaning that it may not be modified either
orally or in writing, and the waiver shall
apply to any subsequent amendments,
renewals, supplements or modifications to
these Terms. In the event of litigation,
these Terms may be filed as written consent
to a trial by court.
These Terms shall bind and benefit the
successors and heirs of the parties.
By visiting this Web site and/or using or
purchasing goods and/or services from or
through this Web site, you consent to the
federal and state court of the New York of
New York having jurisdiction over you.
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