HostingBizniz.Com. ("HostingBizniz.Com") is
the leading comprehensive hosting solutions.
This Services Agreement ("Agreement")
governs your purchase and use, in any
manner, of all services provided by
HostingBizniz.Com and any of its affiliates
(the "Services").
You must accept the terms of this Agreement
in order to use the Services.
NOTWITHSTANDING, BY USING THE SERVICES, YOU
ACKNOWLEDGE THAT YOU HAVE READ THIS
AGREEMENT AND AGREE TO BE BOUND BY THE TERMS
AND CONDITIONS CONTAINED HERE AS WELL AS ALL
ACCEPTABLE USE POLICIES INCORPORATED BY
REFERENCE.
HostingBizniz.Com reserves the right to
change or modify any of the terms and
conditions contained in this Agreement, any
Addendums and any policy or guideline
incorporated by reference at any time and
from time to time in its sole discretion,
and to determine whether and when any such
changes apply to both existing or future
customers. Any changes or modification will
be effective upon posting of the revisions
on the HostingBizniz.Com Web site (the
"Site"). Your continued use of Services
following HostingBizniz.Com's posting of any
changes or modifications will constitute
your acceptance of such changes or
modifications.
1.
Term and
Payment for Services
1.1. Term
This Agreement shall be for an "Initial
Term" as chosen by you in the Order Form
located on this Site at the time you
register for the Services. "Initial" is
defined when the user use the service and
when the user has pay its fee. This
Agreement will be automatically renewed (the
"Renewal Term") at the end of the Initial
Term for the same period as the Initial Term
unless you provide HostingBizniz.Com with
notice of termination thirty (30) days prior
to the end of the Initial Term or the
Renewal Term. You must provide
HostingBizniz.Com with your notice of
termination by clicking on the "Cancel
Service" button located on the Site or as
otherwise provided by this Agreement. Upon
clicking on the "Cancel Service" button, you
will be asked to provide HostingBizniz.Com
with sufficient customer identification
information so that HostingBizniz.Com may
properly identify you and your account. Any
notice of termination will be effective
following thirty (30) days after
HostingBizniz.Com's receipt thereof. Once
customer makes purchase they are entitled to
the service. HostingBizniz.Com Network will
deliver its services at the fullest extent
1.2.
Termination Policy
If you terminate your receipt of the
Services prior to the end of the Initial
Term or the Renewal Term, whichever is then
applicable, (a) HostingBizniz.Com will
refund to you any fees paid in advance of
such termination. HostingBizniz.Com.net
reserves the right to cancel a customers
service at any time. If cancellation is
caused by customers violation of these
policies, then refund will be pro rated for
the unused days in a given month. Your
termination request or notice must be
submitted to HostingBizniz.Com in the manner
described in Section 1.1. HostingBizniz.Com
may terminate this Agreement at any time and
for any reason by providing to you written
notice thirty (30) days prior to the date of
termination.
1.3
Default and Cure
In the event that either party hereto
defaults in the performance of any of its
material duties or obligations under this
Agreement, including failure to make any
payments due under this Agreement, and such
default is not cured within five (5) days
after written notice is given to the
defaulting party specifying the default,
then the party not in default, after given
written notice thereof to the defaulting
party, may terminate this Agreement.
1.4.
Charges
You agree to pay for all charges
attributable to your use of the Services at
the then current HostingBizniz.Com prices,
which shall be exclusive of any applicable
taxes. You are responsible for the payment
of all federal, state, and local sales, use,
value added, excise, duty and any other
taxes assessed with respect to the Services,
other than taxes based on
HostingBizniz.Com's net income.
1.5.
Payment
All accounts are paid first. Once payment is
receive account is activated. Each payment
is due 30 days from the day paid. Customer
will be notified 10 days via email prior to
the due date. Failure to payment will cause
termination of the account. Reactivation of
the account is 5.00 dollars. Money order
must arrive on time. No exceptions. All
charges for Services must be paid in advance
according to the then current prices
applicable to the Services. Upon entering
this Agreement, you must choose to pay
either by direct charge to a credit or debit
card, or receive an invoice and submit
subsequent payment. If you choose to pay by
credit or debit card upon registering for
the Services, you thereby authorize
HostingBizniz.Com to charge your credit or
debit card to pay for any charges that may
apply to your account. You must notify
HostingBizniz.Com of any changes to your
card account (including, without limitation,
applicable account number or cancellation or
expiration of the account), your billing
address, or any information that may
prohibit HostingBizniz.Com from charging
your account. If you choose to be invoiced
upon registration for Services,
HostingBizniz.Com will invoice you for the
Services applicable to the period for which
you have registered for the Services. You
agree to pay to HostingBizniz.Com the amount
indicated in each invoice by the due date
reflected on that invoice. If you fail to
pay any fees and taxes by the applicable due
date for credit card or invoice payments,
late charges then the account will be
terminated
1.6. Refund Policy
Refund Policy Customer has seven days to do
a "trial version" with our package. In these
seven days period the customer has the right
to cancel or demand a full refund if they
are not satisfy with the service. However,
after exceeding this seven day period the
customer will not be entitled to a full
refund and they will be billed until a
cancellation is incited. However, customers
are entitled to a pro rate refund for any
unused days in a given month. This refund
policy applies to only HostingBizniz.Com
Network Web hosting Services.
2.
Use of Services
2.1. Applicable Use Policy
The HostingBizniz.Com Acceptable Use Policy
(the "Usage Policy") govern the general
policies and procedures for use of the
Services. The Usage Policy is posted on
HostingBizniz.Com's Web site (or such other
location as HostingBizniz.Com may specify)
and may be updated from time-to-time. YOU
SHOULD CAREFULLY READ THE USAGE POLICY. BY
USING THE SERVICES, YOU AGREE TO BE BOUND BY
THE TERMS OF THE USAGE POLICY AND ANY
MODIFICATIONS. HostingBizniz.Com RESERVES
THE RIGHT TO TERMINATE YOUR ACCOUNT FOR ANY
VIOLATION OF THE USAGE POLICY OR THIS
AGREEMENT.
2.2.
Material and Product Requirements
Unless we have agreed otherwise in a
separate agreement, you must ensure that all
material and data placed on
HostingBizniz.Com's equipment is in a
condition that is "server-ready," which is
in a form requiring no additional
manipulation by HostingBizniz.Com.
HostingBizniz.Com will make no effort to
validate any of this information for
content, correctness or usability. If your
material is not "server-ready",
HostingBizniz.Com has the option at any time
to reject this material. HostingBizniz.Com
will notify you of its refusal of the
material and afford you the opportunity to
amend or modify the material to satisfy the
needs and/or requirements of
HostingBizniz.Com. Use of the Services
requires a certain level of knowledge in the
use of Internet languages, protocols and
software. This level of knowledge varies
depending on the anticipated use and desired
content of your Web site. You must have the
necessary knowledge to create and maintain a
Web site. It is not HostingBizniz.Com's
responsibility to provide this knowledge or
customer support outside of the Services
agreed to by you and HostingBizniz.Com.
2.3.
Bandwidth and Storage Usage
You agree that use of the Services under
this Agreement will not exceed the bandwidth
and storage usage limits set out. If you use
any bandwidth or storage space in excess of
the agreed upon number of megabytes per
month, you agree to pay the associated
additional charges.
3.
Enforcement
3.1. Investigation of Violations
HostingBizniz.Com may investigate any
reported or suspected violation of this
Agreement, its policies or any complaints
and take any action that it deems
appropriate and reasonable under the
circumstance to protect its systems,
facilities, customers and/or third parties.
HostingBizniz.Com will not access or review
the contents of any e-mail or similar stored
electronic communications except as required
or permitted by applicable law or legal
process.
3.2.
Actions
HostingBizniz.Com reserves the right and has
absolute discretion to restrict or remove
from its servers any content that violates
this Agreement or related policies or
guidelines, or is otherwise objectionable or
potentially infringing on any third party's
rights or potentially in violation of any
laws. If we become aware of any possible
violation by you of this Agreement, any
related policies or guidelines, third party
rights or laws, HostingBizniz.Com may
immediately take corrective action,
including, but not limited to, (a) issuing
warnings, (b) suspending or terminating the
Service, (c) restricting or prohibiting any
and all uses of content hosted on
HostingBizniz.Com's systems, and/or (d)
disabling or removing any hypertext links to
third party Web sites, any of your content
distributed or made available for
distribution via the Services, or other
content not supplied by HostingBizniz.Com
which, in HostingBizniz.Com's sole
discretion, may violate or infringe any law
or third-party rights or which otherwise
exposes or potentially exposes
HostingBizniz.Com to civil or criminal
liability or public ridicule. It is
HostingBizniz.Com's policy to terminate
repeat infringers. HostingBizniz.Com's right
to take corrective action, however, does not
obligate us to monitor or exert editorial
control over the information made available
for distribution via the Services. If
HostingBizniz.Com takes corrective action
due to such possible violation,
HostingBizniz.Com shall not be obligated to
refund to you any fees paid in advance of
such corrective action.
3.3.
Disclosure Rights To comply with
applicable laws and lawful governmental
requests, to protect HostingBizniz.Com's
systems and customers, or to ensure the
integrity and operation of
HostingBizniz.Com's business and systems,
HostingBizniz.Com may access and disclose
any information it considers necessary or
appropriate, including, without limitation,
user profile information (i.e., name, e-mail
address, etc.), IP addressing and traffic
information, usage history, and content
residing on HostingBizniz.Com's servers and
systems. HostingBizniz.Com also reserves the
right to report any activity that it
suspects violates any law or regulation to
appropriate law enforcement officials,
regulators, or other appropriate third
parties.
4.
Intellectual
Property Rights
4.1. Your License Grant to
HostingBizniz.Com You hereby grant to
HostingBizniz.Com a non-exclusive,
worldwide, and royalty-free license for the
Initial Term and any Renewal Term to use
your content as necessary for the purposes
of rendering and operating the Services to
you under this Agreement. You expressly (a)
grant to HostingBizniz.Com a license to
cache materials distributed or made
available for distribution via the Services,
including content supplied by third parties,
and (b) agree that such caching is not an
infringement of any of your intellectual
property rights or any third party's
intellectual property rights.
4.2.
HostingBizniz.Com Materials and Intellectual
Property
All materials, including but not limited to
any computer software (in object code and
source code form), data or information
developed or provided by HostingBizniz.Com
or its suppliers or agents pursuant to this
Agreement, and any know-how, methodologies,
equipment, or processes used by
HostingBizniz.Com to provide the Services to
you, including, without limitation, all
copyrights, trademarks, patents, trade
secrets and other proprietary rights are and
will remain the sole and exclusive property
of HostingBizniz.Com or its suppliers,
including but not limited to any software
programs, inventions, products and/or
technology innovations and methodologies
utilized, developed, or disclosed by
HostingBizniz.Com during the term of this
Agreement. Unauthorized copying, reverse
engineering, decompiling, and creating
derivative works based on the any such
software is expressly forbidden except as
permitted in this Agreement. You may be held
legally responsible for violation of any
patent rights, copyright or trade secret
rights that is caused or encouraged by
failure to abide by the terms of this
Agreement.
4.3.
Trademarks
You hereby grant to HostingBizniz.Com a
limited right to use your trademarks, if
any, for the limited purpose of permitting
HostingBizniz.Com to fulfill its duties
under this Agreement. This is not a
trademark license and no other rights
relating to the trademarks are granted by
this Agreement. Specifically, but without
limitation, the rights granted by this
Agreement do not include the right to
sublicense use of your trademarks or to use
your trademarks with any other products or
services outside the scope of the Services
provided under this Agreement. The limited
trademark use rights granted under this
section terminate upon termination of this
Agreement.
5. Warranty; Warranty Disclaimer
5.1. Customer and/or Third Party
Acts HostingBizniz.Com is not
responsible in any manner for any
nonconforming Services to the extent caused
by you or your customers. In addition,
HostingBizniz.Com is not responsible for
loss or corruption of data in transmission,
or for failure to send or receive data due
to events beyond HostingBizniz.Com's
reasonable control.
5.2. No
Express or Implied Warranty
ALL SERVICES, SYSTEMS AND PRODUCTS PROVIDED
BY HostingBizniz.Com UNDER THIS AGREEMENT
ARE PROVIDED WITHOUT ANY EXPRESS OR IMPLIED
WARRANTY FACT OR LAW, WHATSOEVER. YOU
ACKNOWLEDGE AND AGREE THAT HostingBizniz.Com
EXERCISES NO CONTROL OVER, AND ACCEPTS NO
RESPONSIBILITY FOR, THE CONTENT OF THE
INFORMATION PASSING THROUGH
HostingBizniz.Com'S COMPUTERS, NETWORK HUBS
AND POINTS OF PRESENCE, OR THE INTERNET.
HostingBizniz.Com DOES NOT WARRANT THAT THE
OPERATION OF THE SERVICES WILL BE
UNINTERRUPTED OR ERROR-FREE, OR COMPLETELY
SECURE, AND DOES NOT MAKE ANY WARRANTIES
WITH RESPECT TO PATENT, COPYRIGHT, TRADE
SECRET OR TRADEMARK INFRINGEMENT. ALL
SERVICES PERFORMED UNDER THIS AGREEMENT ARE
PERFORMED "AS IS" AND WITHOUT WARRANTY
AGAINST FAILURE OF PERFORMANCE INCLUDING,
WITHOUT LIMITATION, ANY FAILURE DUE TO
COMPUTER HARDWARE OR COMMUNICATION SYSTEMS.
EXCEPT AS EXPRESSLY PROVIDED THIS AGREEMENT,
HostingBizniz.Com DOES NOT MAKE AND HEREBY
DISCLAIMS, AND YOU HEREBY WAIVE ALL RELIANCE
ON, ANY REPRESENTATIONS OR WARRANTIES,
ARISING BY LAW OR OTHERWISE, REGARDING THE
SERVICES, INCLUDING, WITHOUT LIMITATION,
IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR
CONDITIONS OF QUALITY, AND ANY WARRANTIES
WITH RESPECT TO PATENT, COPYRIGHT, TRADE
SECRET OR TRADEMARK INFRINGEMENT.
5.3 Your
Warranties and Representations to
HostingBizniz.Com
You warrant, represent, and covenant to
HostingBizniz.Com that (a) you are at least
eighteen (18) years of age or are a duly
organized and validly existing entity; (b)
you possess the legal right and ability to
enter into this Agreement; (c) you will use
the Services only for lawful purposes and in
accordance with this Agreement and all
applicable policies and guidelines; (d) you
will be financially responsible for the use
of your account; (e) you have acquired or
will acquire all authorization(s) necessary
for hypertext links to third-party Web sites
or other content; (f) you have verified or
will verify the accuracy of materials
distributed or made available for
distribution via the Services, including,
without limitation, your content,
descriptive claims, warranties, guarantees,
nature of business, and address where
business is conducted, and (g) your content
and/or any software that you install or
provide does not and will not infringe or
violate any right of any third party
(including any intellectual property rights)
or violate any applicable law, regulation or
ordinance.
6. Limitation and Exclusion of
Liability
6.1. Limitations ON
EVENT SHALL HostingBizniz.Com HAVE ANY
LIABILITY WHATSOEVER FOR DAMAGE,
UNAUTHORIZED ACCESS TO, ALTERATION, THEFT OR
DESTRUCTION OF INFORMATION PROVIDED TO
HostingBizniz.Com, DISTRIBUTED OR MADE
AVAILABLE FOR DISTRIBUTION VIA THE SERVICES.
HostingBizniz.Com SHALL HAVE NO LIABILITY
UNDER THIS AGREEMENT OR OTHERWISE FOR
CONSEQUENTIAL, EXEMPLARY, SPECIAL,
INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF
HostingBizniz.Com HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. ANY EVENT, THE
LIABILITY OF HostingBizniz.Com TO YOU FOR
ANY REASON AND UPON ANY CAUSE OF ACTION
SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID
TO HostingBizniz.Com BY YOU UNDER THIS
AGREEMENT DURING THE THIRTY (30) DAYS
IMMEDIATELY PRECEDING THE DATE ON WHICH SUCH
CLAIM ACCRUED. THIS LIMITATION APPLIES TO
ALL CAUSES OF ACTION THE AGGREGATE,
INCLUDING, WITHOUT LIMITATION, TO BREACH OF
CONTRACT, BREACH OF WARRANTY, NEGLIGENCE,
STRICT LIABILITY, MISREPRESENTATIONS, AND
OTHER TORTS. THE FEES FOR THE SERVICES SET
BY HostingBizniz.Com UNDER THIS AGREEMENT
HAVE BEEN AND WILL CONTINUE TO BE BASED UPON
THIS ALLOCATION OF RISK. ACCORDINGLY, YOU
HEREBY RELEASE HostingBizniz.Com FROM ANY
AND ALL OBLIGATIONS, LIABILITIES, AND CLAIM
EXCESS OF THE LIMITATION STATED IN THIS
SECTIO6.1. BECAUSE SOME STATES DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, SUCH
STATES, OUR LIABILITY IS LIMITED TO THE
EXTENT PERMITTED BY LAW.
6.2.
Interruption of Service
You hereby acknowledge and agree that
HostingBizniz.Com will not be liable for any
temporary delay, outages or interruptions of
the Services. Further, HostingBizniz.Com
shall not be liable for any delay or failure
to perform its obligations under this
Agreement, where such delay or failure
results from any act of God or other cause
beyond its reasonable control (including,
without limitation, any mechanical,
electronic, packet loss, server crashes,
communications or third-party supplier
failure).
6.3.
Maintenance
You hereby acknowledge and agree that
HostingBizniz.Com reserves the right to
temporarily suspend services for the
purposes of maintaining, repairing, or
upgrading its systems and network.
HostingBizniz.Com will use best efforts to
notify you of pending maintenance however at
no time is under any obligation to inform
you of such maintenance.
7.
Indemnification
You will defend, indemnify and hold harmless
HostingBizniz.Com and its officers,
directors, shareholders, employees,
consultants, agents, affiliates and
suppliers (an "Indemnities") from any and
all threatened or actual claims, demands,
causes of action, suits, proceedings (formal
or informal), losses, damages, fines,
penalties, liabilities, costs and expenses
of any nature, including attorneys' fees and
court costs, sustained or incurred by or
asserted against any Indemnities by any
person, firm, corporation, governmental
authority, partnership or other entity by
reason of or arising out of or relating to:
(i) your violation or breach of any term,
condition, representation or warranty of
this Agreement or any applicable policy or
guideline; (ii) your conduct, including but
not limited to your negligence, gross
negligence, or willful misconduct; (iii)
your use of the Services, including any
improper or illegal uses; (iv) any claim by
a former employee of yours whose employment
has been or may be terminated in connection
with or as a result of the execution of this
Agreement and performance of the Services by
HostingBizniz.Com; or (v) any claim relating
to your services or products, or your
installation and/or use of any third-party
software, including but not limited to
advertising, product liability claims or
infringement of any trademark, copyright,
patent, trade secrets or non-proprietary
right of a third party (including, without
limitation, defamation, libel, or violation
of privacy or publicity).
8.
Miscellaneous
8.1
Confidentiality
The parties each agree that all Confidential
Information (as defined below) communicated
to it by the other is done so in confidence
and will be used only for the purposes of
this Agreement and will not be used to
compete with the other party or disclosed to
any third party without the prior written
consent of the other party except as
permitted under this Agreement.
"Confidential Information" means all
information in any form, including, without
limitation, printed or verbal communications
and information stored in printed, optical
or electromagnetic format, which relates to
the Services; or computer, data processing
or electronic commerce programs and
software; electronic data processing
applications, routines, subroutines,
techniques or systems; information which
incorporates or is based upon proprietary
information of either party; or information
concerning business or financial affairs,
product pricing, financial conditions or
strategies, marketing, technical systems of
either party; or any information concerning
customers or vendors of either party; or any
data exchange between a party and any
customers or vendors. Exceptions to
Confidential Information include (1)
information in the public domain; (2)
information developed independently by a
party without reference to information
disclosed under this Agreement; or (3)
information received from a third party
without restriction and/or breach of this or
a similar Agreement. It is not a violation
of this provision to disclose Confidential
Information in compliance with any legal,
accounting or regulatory requirement beyond
the control of either Party or, but in such
case, prior to disclosure, the disclosing
Party shall give written notice to the other
Party to permit that Party an opportunity to
challenge such disclosure. If either Party
is subpoenaed, such Party shall give written
notice to the other Party to permit that
Party an opportunity to challenge the
disclosure of Confidential Information. Upon
the termination of this Agreement and upon
written request of the disclosing Party,
each Party shall promptly return all
Confidential Information of the other Party.
This provision shall survive the termination
of this Agreement for two (2) years.
8.2.
Notices
All notices, reports, requests, or other
communications given pursuant to this
Agreement shall be made in writing, shall be
delivered by hand delivery, overnight
courier service, fax, or electronic mail,
shall be deemed to have been duly given when
delivered.
8.3.
Choice of Law and Forum THIS
AGREEMENT, WILL BE GOVERNED BY THE LAWS OF
THE UNITED STATES AND THE STATE OF TEXAS,
WITHOUT REFERENCE TO RULES GOVERNING CHOICE
OF LAWS. ANY ACTION RELATING TO THIS
AGREEMENT MUST BE BROUGHT THE FEDERAL OR
STATE COURTS LOCATED CALIFORNIA, AND YOU
IRREVOCABLY CONSENT TO THE JURISDICTION SUCH
COURTS.
8.4.
Entire Agreement
This Agreement and all policies and
guidelines incorporated in this Agreement by
reference constitutes the entire Agreement
of the parties and may not be modified or
altered orally but only by an agreement in
writing signed by both parties.
8.5. No
Fiduciary Relationship; No Third‑Party
Beneficiaries
HostingBizniz.Com is not the agent,
fiduciary, trustee or other representative
of you. Nothing expressed or mentioned in or
implied from this Agreement is intended or
shall be construed to give to any person
other than the parties hereto any legal or
equitable right, remedy or claim under or in
respect to this Agreement. This Agreement
and all of the representations, warranties,
covenants, conditions and provisions hereof
are intended to be and are for the sole and
exclusive benefit of the parties hereto.
8.6.
Assignments
You may not transfer or assign your rights,
duties, or obligations under this Agreement
without HostingBizniz.Com's prior written
consent. HostingBizniz.Com may assign its
rights and obligations under this Agreement
and may utilize affiliate and/or agents in
performing its duties and exercising its
rights under this Agreement, without your
consent. Subject to that restriction, this
Agreement will be binding on, inure to the
benefit of, and be enforceable against the
parties and their respective successors and
assignees.
8.7. No
Waiver
HostingBizniz.Com's failure to enforce the
strict performance of any provision of this
Agreement will not constitute a waiver of
HostingBizniz.Com's right to subsequently
enforce such provision or any other
provisions under this Agreement.
8.8.
Severability If any provision of
this Agreement is deemed illegal, invalid,
void or otherwise unenforceable in whole or
in part, that provision shall be severed or
shall be enforced only to the extent legally
permitted, and the remainder of the
provision and the Agreement shall remain in
full force and effect. If any provision of
this Agreement is deemed to be invalid, void
or unenforceable only with respect to a
particular application, such term or
provision shall remain in full force and
effect with respect to all other
applications.
8.9.
Survival All provisions of this
Agreement relating to your warranties,
intellectual property rights, limitation and
exclusion of liability, your indemnification
obligations and payment obligations shall
survive the termination or expiration of
this Agreement.
8.10. Modification
HostingBizniz.Com
reserves the right to add, delete, or modify
any provision of its Terms and Condition,
Acceptable Usage Policy at any time without
notice. |