Terms of Service

ACCEPTANCE OF TERMS OF SERVICE

As a precondition and requirement to use the services available via Beyond Hosting LLC, you, for yourself and for the company or other person(s), if any, you represent ("Subscriber" or "Subscribers", as applicable), hereby accept and agree to be legally bound by these Terms of Service ("Terms"). These Terms are effective immediately between the Subscriber and Beyond Hosting LLC, its subsidiaries and affiliates ("Beyond Hosting LLC"). Each Subscriber is subject to these Terms, and by using Beyond Hosting LLC's services, network and/or systems (collectively the "Services"), Subscriber agrees to be legally bound by and subject to all terms and conditions contained in these Terms, including as well all usage policies and other policies herein. To the extent not inconsistent therewith, these Terms are also incorporated into the individual service agreement, if any, of each Subscriber.
Subscriber represents and warrants that, if an individual, Subscriber is at least 18 years old and otherwise legally competent in all respects to, or, if an entity, Subscriber is a corporation, limited liability company, partnership, or other legal entity duly formed and in good standing, as applicable, and possesses all legal authority and power to accept and be bound by these Terms. Additionally, Subscriber represents and warrants that neither it, she, or he (as applicable), nor any entity it, she or he represents, is prohibited under any part of section 13 of these Terms from registering or signing up with or otherwise subscribing to or receiving any of the Services from Beyond Hosting LLC. Further, Subscriber represents and warrants all information provided by Subscriber to Beyond Hosting LLC has been and is complete, accurate, and current, and that Subscriber shall continue to provide complete, accurate and current information to Beyond Hosting LLC in connection with all registration or renewal processes and further agrees to update all such information as necessary to maintain complete, accurate and current information. Although subscribers of paid services offered through Beyond Hosting LLC must be at least 18 years of age and otherwise legally competent to accept and be legally bound by these Term, a parent or legal guardian of a minor may obtain an account on the minor's behalf, and by doing so, consents to such minor's use of the Services. Subscribing parents and legal guardians each for herself or himself, as applicable, accept and agree to be legally bound by these Terms, and assume full responsibility and liability associated with any failure of compliance with the Terms in connection with said minor's use of any of the Services.
Beyond Hosting LLC intends to provide the best possible web hosting service to each of its Subscribers. Beyond Hosting LLC is also dedicated to staying abreast of new and available technologies that will better serve our Subscribers. However, due to changing technologies, changing laws and the individual and collective needs of our Subscribers, Beyond Hosting LLC reserves the right, in its sole discretion, to change, modify, add or remove all or any part of these Terms at any time with or without notice.
Subscribers may view the most current version of these Terms at www.beyondhosting.net/tos. Any use of the Services by Subscriber, after changes, modifications, additions or deletions to these Terms are posted on the Beyond Hosting LLC website, shall constitute Subscriber's acceptance of all such changes, additions, modifications or deletions. If a Subscriber does not agree to any such alterations to these Terms, the Subscriber's sole and exclusive remedy is to cancel the Subscriber's account as set forth in Paragraph 3 below.
Notwithstanding Beyond Hosting LLC's right to alter these Terms without prior notice, Beyond Hosting LLC may, within its sole discretion and as a courtesy to all affected Subscribers, make an effort to provide Subscribers with 7 days advanced notice of any alteration of these Terms if it appears to Beyond Hosting LLC, in its sole discretion, that said alteration may materially and adversely impact said Subscriber's use of the Services.
If Subscriber is registering a new domain name with Beyond Hosting LLC, or using or transferring a previously registered domain name in conjunction with Subscriber's use of the Services, Subscriber hereby acknowledges and agrees that Subscriber's use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers ("ICANN") and the Domain Registration Agreement located at http://api.fastdomain.com/terms.html.

TERM - PAYMENT - ACCOUNT RENEWAL

Term of Service. The term of Subscriber's subscription to the Services commences upon Subscriber's acceptance of these Terms and terminates as set forth in Paragraphs 2.04 and 3.01.
Payment. Subscriber agrees to pay all applicable fees for Services in effect at the time of registration and/or renewal, subject to these Terms as same may be modified by Beyond Hosting LLC from time to time.
Automatic Account Renewal. Five (5) days prior to the expiration of Subscriber's hosting account, Beyond Hosting LLC will automatically renew Subscriber's hosting account, for the same duration initially selected, at the then-current, non-promotional rate, by charging the applicable fee to Subscriber's originally-selected method of payment.
Cancellation of Automatic Account Renewal. To cancel Automatic Account Renewal, Subscriber must notify Beyond Hosting LLC of Subscriber's intent to cancel at least five (5) days prior to the account expiration date, by directing Automatic Renewal Cancellation Notification to Beyond Hosting LLC by submitting a support ticket via the customer portal. Beyond Hosting LLC agrees that on receipt of Automatic Renewal Cancellation Notification under the conditions stated above, no additional charges will be billed to Subscriber, and Subscriber's hosting account shall expire on the account expiration date.
Authority. In the event Subscriber is a corporation, limited liability company, partnership, joint venture, other business entity or group of individuals, the person registering for or renewing Beyond Hosting LLC Services on behalf of Subscriber hereby certifies that he/she has the authority to and does hereby bind the corporation, LLC, partners, joint venture or other individuals in this manner and in connection with Subscriber's acceptance of all other Terms set forth herein.
Upon completion of a design task, the customer is required to pay, in full, the price that was previously quoted, regardless of contract status. When a job is initiated, the customer will be allowed to see progress of the task during production. If a customer, for any reason, terminates the contract, they are held accountable for payment for what has been completed. Failure to pay for a product will incite termination of the service, until Beyond Hosting has received a payment, in full.
All works and content, including all HTML documents, PHP Scripts, Images, CSS files, and all other materials constructed by Beyond Hosting LLC are the sole property of Beyond Hosting LLC until the client has disbursed appropriate funds and signed the "Work Order Completion and Ownership Transfer" form.

CANCELLATION OF SERVICES - REFUND POLICY

Cancellations and Refunds. Beyond Hosting LLC provides a 30-day money back guarantee for new SHARED hosting account registrations, subject to the following terms and conditions:

Nonrefundable Fees: Fees paid by Subscriber in connection with the purchase of SSL certificates, software licenses, and domain names are nonrefundable.
Nonrefundable Fees are set forth in Paragraph 3.01(A):

Free Domain Names: If Subscriber registers any domain name as part of a "Free Domain Name" promotion in connection with the registration, Subscriber's refund will be reduced by $10 per domain name. Subscriber will NOT retain ownership and control of any such domain names.
Postini; DedIP Any fees paid by Subscriber in connection with Postini or DedIP will be refunded at a prorated rate based on the registration date, the term of service, and the date of cancellation.
Beyond Hosting's 'Starter' and 'Hybrid' packages are non-refundable.

Cancellations. Subscriber may cancel his/her/its Services at any time, before or after automatic account renewal.
Notice of Cancellation. Subscriber must direct all cancellation requests to Beyond Hosting LLC by submitting a support ticket via the customer portal.
Any payments paid by You or charged to Your account are non-refundable unless Beyond Hosting, LLC has made an error in billing.

Chargebacks and Reversals. In the event Subscriber issues a chargeback or reversal of charges without first following the above cancellation procedures, the Subscriber will be responsible for a $50.00 billing service fee which may be charged without notice.
All services other than shared hosting accounts are Non-refundable.

COUPON / PROMOTION POLICY

UNLESS EXPLICITLY STATED OTHERWISE:
- Coupon codes are only valid for new customers who have not previously had an account or service with Beyond Hosting.
- Coupon codes are only valid for the first purchase of a product or service at beyond hosting.
Coupon codes must be applied before the checkout process is completed.
Beyond Hosting will not adjust billing to add or change coupons after the checkout process has been completed.
Promotions are only valid at the time announcement. Adjustment to billing cannot and will not be made for previously purchased services.
ANY ATTEMPT BY A PREVIOUS OR EXISTING BEYOND HOSTING CUSTOMER TO CIRCUMVENT THESE POLICIES WILL BE CONSIDERED FRAUD AND MAY RESULT IN THE TERMINATION OF SERVICE.

Our promotions are intended to encourage new customers to try our services and/or entice existing customers to upgrade so that they can see the benefits of upgrading first hand. Many of our promotional prices are not profitable and if we adjusted current customers to the promotional rate we would not be able to stay in business. Thank you for your understanding.

PROPRIETARY RIGHTS

These Terms do not give Subscriber any rights in Beyond Hosting LLC intellectual property or technology. Beyond Hosting LLC and related trademarks and logos are the exclusive property of Beyond Hosting LLC. Beyond Hosting LLC and Subscriber agree that neither will, directly or indirectly, reverse engineer or decompile object code or execution code, nor otherwise seek to obtain source code or trade secrets of the other party. Notwithstanding the foregoing, nothing herein shall bar Beyond Hosting LLC from using any knowledge, information or skills that are generally known or that can be learned or otherwise acquired in the normal course of business.

SECURITY AND OWNERSHIP

Site Security. Beyond Hosting LLC uses sophisticated means of security in connection with the Services. Notwithstanding the foregoing, it is exclusively Subscriber's obligation to maintain and control passwords to Subscriber's web site(s), and Subscriber exclusively is responsible for all activities that occur in connection with Subscriber's user name, password and registered domain name(s). Subscriber agrees to immediately notify Beyond Hosting LLC of any unauthorized uses of the Service or any other breaches of security. Beyond Hosting LLC will not be liable for any loss or damages of any kind, under any legal theory, caused by Subscriber's failure to comply with the foregoing security obligations or caused by any person to whom Subscriber grants access to Subscriber's Services.
Site Ownership. Beyond Hosting LLC claims no ownership interest in the content of Subscriber's web site(s). By submitting content and data to Beyond Hosting LLC, Subscriber grants to Beyond Hosting LLC, its successors and assigns, the worldwide, royalty-free, and nonexclusive license under Subscriber's copyrights and other rights, if any, in all material and content displayed in Subscriber's web site to use, distribute, display, reproduce, and create derivative works from such material in any and all media, in order to maintain such content on Beyond Hosting LLC's servers during the term of these Terms. Subscriber also authorizes the downloading and printing of such material, or any portion thereof, by end-users for their personal use. This license shall terminate upon Subscriber's cancellation of the Services as set forth in Paragraphs 2.01 and 3.0.
Disputing Site or Account Ownership Disputes sometimes arise between or among multiple persons claiming ownership of or rights in a site hosted by Beyond Hosting LLC or in an associated Beyond Hosting LLC account. Beyond Hosting LLC is not obligated to resolve any such disputes. If multiple persons are claiming ownership of or rights in a site hosted by Beyond Hosting LLC or in an associated Beyond Hosting LLC account, and, in Beyond Hosting LLC's sole judgment, there is not certainty as to the ownership of or rights in said site or account, then Beyond Hosting LLC will, to the extent of its knowledge and ability, notify said persons of the dispute and demand that said persons promptly, conclusively, and finally resolve the dispute in a manner which makes clear who the owner(s) and/or interest holder(s) is/are and in a manner which relieves Beyond Hosting LLC of all liability or obligations concerning the dispute. If the disputing persons fail so to resolve the dispute within what Beyond Hosting LLC, in its sole judgment, deems to be a reasonable time, then Beyond Hosting LLC, at its option and without any obligation to do so, may, in accordance with and subject to the laws of the State of Utah, file an interpleader action in a court of competent jurisdiction within the State of Utah for the purpose of allowing the contending persons to resolve said dispute and to reach certainty regarding ownership of or rights in said site and/or account. The person or persons conclusively and finally determined by the interpleader action to be the rightful owner(s) or interest holder(s) of said site and/or associated account shall be obligated to reimburse Beyond Hosting LLC for all of its expenses relative to said interpleader action including without limit all its court costs and reasonable attorney fees. All amounts owed to Beyond Hosting LLC under this section 5.03 shall be deemed due and payable immediately upon thirty (30) days after judgment or settlement is reached in said interpleader action. Failure of the rightful owner of said site and/or associated account to cause Beyond Hosting LLC to be timely paid in full all of said amounts shall be deemed a breach of these Terms, shall subject the account to immediate termination, and shall entitle Beyond Hosting LLC to a judgment against said rightful owner for all costs and all of Beyond Hosting LLC's expenses relative to said interpleader action including without limit all of Beyond Hosting LLC's court costs and reasonable attorney fees. No rights enumerated in this section 5.03 shall in any way diminish any other rights of Beyond Hosting LLC enumerated in any other section of these Terms, or otherwise available to Beyond Hosting LLC at law or in equity.

PRIVACY POLICY

Commitment. The Beyond Hosting LLC commitment to our Subscribers' privacy is set forth in this section. Except as required by law or as otherwise provided herein, Beyond Hosting LLC will take commercially reasonable steps to ensure your right to privacy. Beyond Hosting LLC is committed to developing long lasting relationships that are built on trust and will never intentionally violate that trust.
Encryption. When Subscriber orders from Beyond Hosting LLC, Personal Data Transmissions are encrypted. When Subscriber orders from Beyond Hosting LLC, all of Subscriber's personal information is protected. Beyond Hosting LLC uses Secure Sockets Layer (SSL), the industry standard, for encrypting all personal information, including name, address and credit card numbers.
Confidentiality. With the exception of trusted business affiliates and/or associates who work on behalf of or in connection with Beyond Hosting LLC, subject to specific confidentiality agreements, Beyond Hosting LLC will not provide or sell to any third party your personal information and will keep all Subscriber information confidential, subject to the following:

Upon registration, certain Subscriber information is transferred to WHOIS (domain registration information), to our affiliated third-party registrar, FastDomain, to Postini (email addresses), and to Comodo (SSL cert. creation).
Beyond Hosting LLC will respond to subpoenas, court orders, or other legal process, and will utilize Subscriber information as necessary to establish or exercise Beyond Hosting LLC's legal rights or defend against legal claims.
Beyond Hosting LLC will share information to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations or suspected violations of these Terms, or as otherwise required by law.
Beyond Hosting LLC may transfer information about Subscribers if Beyond Hosting LLC is acquired by or merged with another company, in which event Beyond Hosting LLC will notify Subscriber.

DEDICATED AND VIRTUAL SERVERS

Hardware Replacement Guarantee

Beyond Hosting LLC strives to maintain the integrity of the hardware used to provide its services, and any Downtime caused by hardware failure shall be credited pursuant to this Agreement. Beyond Hosting LLC maintains a stock of all essential hardware necessary to provide the Services. Beyond Hosting LLC shall replace any and all substantially malfunctioning hardware within 1 hour of Beyond Hosting LLC becoming aware of such substantial malfunction.
The amount of time for replacement of hardware shall be measured from the moment that Beyond Hosting LLC determines that the hardware must be replaced, and does not include time spent diagnosing the problem, researching other solutions, investigating the cause of the failure or time spent installing software, restoring backups or other, similar situations.
In the event that Beyond Hosting LLC fails to meet this hardware replacement guarantee, Beyond Hosting LLC will issue, to You, account credits in the amount of 10% of the base monthly server rent for each hour after the first hour of the monthly service fee for the server in question to a maximum of 50% of the cost of the server itself (excluding any management, upgrades or additional services associated with the server in question.)
To receive a credit, You must make a request by opening a support ticket at http://beyondhosting.net/portal/. Each request in connection with this Agreement must include the dates and times of the hardware replacement situation, the name and IP address of the server or servers which experienced delayed replacement. The request must be received by Beyond Hosting LLC within ten (10) business days after the incident. Upon confirmation by Beyond Hosting LLC, credit will be applied to Your Beyond Hosting LLC account within thirty (30) days of receipt of Your credit request.

Billing

Beyond Hosting reserves the right to charge an additional late fee of 1.5% per day after the due date. All invoices will be generated automatically.
Non-Payment Termination

In the event that you fail to pay within 3 days of the due date we reserve the right to suspend your service without notification.
If you have not paid within 5 days of the due date we reserve the right to cancel your account and reformat your server. (terminate your data)

Overage Billing

"Overage" is defined as the usage of Beyond Hosting's service outside of your allocated limitation.
You agree to pay the then-current overage fees and changes for the Beyond Hosting services upon receipt of an invoice. All overage rates are available from sales@beyondhosting.net

Termination and Money Back Guarantee

You agree to a month to month term for the Services unless otherwise agreed to in writing. The month to month term for services is automatically renewed each month unless either party notifies the other in writing of its desire that the Agreement not be renewed, no later than five (5) days before the next upcoming anniversary date for billing. You may cancel Your account by terminating this Agreement in this manner by contacting the Beyond Hosting LLC billing department.
Beyond Hosting LLC may terminate this Agreement effective immediately and without notice upon any breach by You of any of the terms of this Agreement. In such event, Beyond Hosting LLC shall have no obligation to refund any fees paid in advance by You.
At this time, Beyond Hosting LLC does not offer a refund-based MBG of any kind.

Storage and Security Policies

At all times, You bear full risk of loss of any content and software you place on the Beyond Hosting LLC servers. You are entirely responsible for maintaining the confidentiality of Your password and account information. You acknowledge and agree that You are solely responsible for all acts, omissions and use under and charges incurred with Your account or password or in connection with the server or any of the content displayed, linked, transmitted through or stored on the server.
Beyond Hosting LLC does not undertake any obligation to provide management or security services unless you specifically request it to do so. If any technology specifically associated with your account requires updating, You must make a request for such update through Beyond Hosting LLC's ticketing system.
You shall be solely responsible for undertaking measures to: (i) prevent any loss or damage to Your content; (ii) maintain independent archival and backup copies of Your content; and (iii) ensure the security, confidentiality and integrity of Your content transmitted through or stored on Beyond Hosting LLC servers. Beyond Hosting LLC shall have no liability to You or any other person for loss, damage or destruction of any of Your content.

Agreement to Cooperate With Investigations

You agree that You will provide assistance to Beyond Hosting LLC in connection with any investigation, demand, or notice provided to Beyond Hosting LLC pertaining to any conduct or content of any Reseller Customer made by any governmental agency or third party. Such assistance shall include but not be limited to investigation and necessary communication in connection with 'Takedown Notices' issued to Beyond Hosting LLC pursuant to the Digital Millennium Copyright Act. You agree that You will cooperate with Beyond Hosting LLC in connection with all reasonable requests made by Beyond Hosting LLC for You to preserve all information and content that may be the subject of any investigation or third party claim.

Liability

IN NO EVENT SHALL BEYOND HOSTING LLC BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR LOSS OF PROFITS, REVENUE, DATA OR USE, SUFFERED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT, TORT OR STRICT LIABILITY OR OTHER LEGAL THEORY, EVEN IF Beyond Hosting LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
In no event will Beyond Hosting LLC's liability for any damages, losses and causes of actions whether in contract or tort (including negligence or otherwise) exceed the actual dollar amount paid by You for the Services during the 12-month period prior to the date the damage or loss occurred or the cause of action arose. The provisions of this Agreement pertaining to Uptime Guarantee apply to credits available to you for system downtime.

All other Beyond Hosting terms of service and usage policys apply to dedicated and virtual servers.

"UNLIMITED" USAGE POLICIES AND DEFINITIONS

What "Unlimited" means. Beyond Hosting LLC does not set an arbitrary limit or cap on the amount of resources a single Subscriber can use. In good faith and subject to these Terms, Beyond Hosting LLC makes every commercially reasonable effort to provide its Subscribers with all the storage and bandwidth resources needed to power their web sites successfully, as long as the Subscriber's use of the service complies with these Terms. By not setting limits on key resources, we are able to provide simple, consistent pricing to our Subscribers as they grow their websites. As a result, a typical website may experience periods of great popularity and resulting increased storage without experiencing any associated increase in hosting charges.
What "Unlimited" DOES NOT mean. Beyond Hosting LLC employs complex mechanisms to protect its Subscribers and systems from abuse. Beyond Hosting LLC's offering of "unlimited" services is not intended to allow the actions of a single or few Subscribers to unfairly or adversely impact the experience of other Subscribers. Beyond Hosting LLC's service is a shared hosting service, which means that multiple Subscriber web sites are hosted from the same server and share server resources. Beyond Hosting LLC's service is designed to meet the typical needs of small business and home business website Subscribers in the United States. It is NOT intended to support the sustained demand of large enterprises, internationally based businesses, or non-typical applications better suited to a dedicated server. Beyond Hosting LLC will make every commercially reasonable effort to provide additional resources to Subscribers who are using their website(s) consistent with these Terms, including moving Subscribers to newer and bigger shared servers as necessary. However, in order to ensure a consistent and quality experience for all Subscribers, Beyond Hosting LLC does place automated safeguards to protect against any one site growing too quickly and adversely impacting the system until Beyond Hosting LLC can evaluate said sites resource needs.
Unlimited Hosting Space. Beyond Hosting LLC does not set arbitrary limits on the amount of disk space a Subscriber can use for the Subscriber's website, nor does Beyond Hosting LLC charge additional fees based on an increased amount of storage used, provided the Subscriber's use of storage complies with these Terms. Please note, however, that the Beyond Hosting LLC service is designed to host websites . Beyond Hosting LLC does NOT provide unlimited space for online storage, backups, or archiving of electronic files, documents, log files, etc., and any such prohibited use of the Services will result in the termination of Subscriber's account, with or without notice.
Unlimited File Transfer. Beyond Hosting LLC does not set arbitrary limits on the amount of visitor traffic a web site can receive or on the amount of content a Subscriber can upload to his/her/its website in a given month, nor does Beyond Hosting LLC charge additional fees based on increased use of bandwidth, as long as the Subscriber's use of the Services complies with these Terms. In most cases, a Subscriber's web site will be able to support as much traffic as the Subscriber can legitimately acquire. However, Beyond Hosting LLC reserves the right to limit processor time, bandwidth, or processes in cases where it is necessary to prevent negatively impacting other Subscribers.
Unlimited Domain Hosting. Beyond Hosting LLC does not set arbitrary limits on the number of domain names a Subscriber can associate with the Subscriber's web hosting account.
Downtime is defined as the time Beyond Hosting servers are not functional. This does NOT apply to client-related errors, such as website errors, software related issues or the failure of a client's Internet Service Provider (ISP). Downtime is logged and apparent server-wide.
Downtime account credit is based on the following calculations:
24 (hours) x 365 (days) = 8760 (hours)
359.88 / 8760 = 0.041
Essentially, 8760 is how many hours are in a year. Based off of the Ultimate Hosting package, which costs $359.88/yr, the average running cost is 4 cents per hour, rounded.
For every hour that Beyond Hosting servers are down, effected clients are credited 4 cents ($0.04).

COOKIE POLICY STATEMENT

General Purposes. Beyond Hosting LLC understands that many of its Subscribers are concerned about "cookies", which are electronic collections of information stored on the local computer of a person using the worldwide web and which are used chiefly by websites to keep track of visitors and registered users and to relate one computer transaction to a later one. Beyond Hosting LLC provides this Cookie Policy Statement to let you, the Subscriber, know how Beyond Hosting LLC uses this technology. Beyond Hosting LLC uses cookies to help Beyond Hosting LLC improve its website and web hosting services, and, most importantly, to provide Beyond Hosting LLC's existing Subscribers with the opportunity for continued savings and increased convenience.
Cookies for Improving Our Web Site. Beyond Hosting LLC uses cookies to inform Beyond Hosting LLC of a repeat visit. The cookie does not tell Beyond Hosting LLC who a visitor is, the visitor's name, email address, or Passwords.
Cookies for Banner Rewards Program. To offer Beyond Hosting LLC Subscribers continued savings, Beyond Hosting LLC uses cookies to help monitor the traffic generated from Beyond Hosting LLC banners and logo buttons displayed on Beyond Hosting LLC Subscribers' websites. For every new Beyond Hosting LLC Subscriber that is introduced to Beyond Hosting LLC through a Subscriber's website, the Subscriber receives a credited discount.
Cookies for Subscriber Account Management. For Beyond Hosting LLC Subscribers, Beyond Hosting LLC uses cookies to store user names for added convenience to the Webmaster. As part of our Beyond Hosting LLC web hosting package, Beyond Hosting LLC offers password-protected, web-based management tools. By storing a Subscriber's username in a cookie, the Webmaster will not have to fill out form fields each time he or she manages the account. (The cookie does not store Passwords.) Beyond Hosting LLC is dedicated to using the newest technologies in order to simplify our Subscribers' experience.

PROHIBITED USES

Breach of Terms and Account Termination. The uses of Beyond Hosting LLC Services set forth in this section 9 hereinbelow are prohibited. The engaging in any prohibited use as set forth herein by Subscriber or by any affiliate or subscriber of Subscriber ( as determined in the sole discretion of Beyond Hosting LLC) constitutes a material breach of these Terms and will subject Subscriber's account to immediate termination without notice.
Spamming. Spamming, whether or not it overloads the Services or disrupts service to Beyond Hosting LLC's Subscribers, is prohibited. The term "Spamming" includes, but is not limited to, the sending of unsolicited bulk and/or commercial messages over the Internet, maintaining an open SMTP policy, or sending to any mailing list that is not double opt in. Beyond Hosting LLC reserves the right to determine, in its sole and absolute discretion, whether e-mail recipients were part of an opt-in email list. Irrespective of whether an email campaign constitutes Spamming as defined herein, Beyond Hosting LLC allows a MAXIMUM of 500 emails per hour to be sent from any individual hosting account.
Prohibited Offerings. No Subscriber may utilize the Services to provide, sell or offer to sell the following: controlled substances; illegal drugs and drug contraband; weapons; pirated materials; instructions on making, assembling or obtaining illegal goods or weapons to attack others; information used to violate the copyright(s) of, violate the trademark(s) of or to destroy others' intellectual property or information; information used to illegally harm any people or animals; child pornography or services; escort services or other content deemed illegal.
Profanity. Profanity or profane subject matter in the domain name are prohibited.
Private Information and Images. Subscribers may not post or disclose any personal or private information about or images of children or any third party without the consent of said party (or a parent's consent in the case of a minor).
Violations of Intellectual Property Rights. Any violation of any person's or entity's intellectual property rights, rights of privacy, rights of publicity or other personal rights is prohibited. Beyond Hosting LLC is required by law to remove or block access to content appearing on or through the Services upon receipt of proper notice of copyright infringement (see "Copyright Infringement Notice Information" below).
Misrepresentation of Transmission Information. Forging, misrepresenting, omitting, or deleting message headers, return mailing information and/or Internet protocol addresses to conceal or misidentify the origin of a message is prohibited.
Viruses and Other Destructive Activities. Use of the Services for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any Subscriber to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use the Services (or any connected network, system, service or equipment) or conduct their business over the Internet.
Hacking. "Hacking" and related activities are prohibited. "Hacking" includes, but is not limited to, the following activities: illegally or without authorization, accessing computers, accounts or networks, penetrating or attempting to penetrate security measures, port scans, stealth scans, and other activities designed to assist in hacking.
Anonymous Proxies. Beyond Hosting LLC does not allow the use of anonymous proxy scripts on its servers. They can be very abusive to the server resources, affecting all users on that server.
Export Control Violations. The exportation of encryption software outside of the United States and/or violations of United States law relating to the exportation of software is prohibited. Subscriber may not export or transfer, directly or indirectly, any regulated product or information to anyone outside the United States without complying with all applicable statues, codes, ordnances, regulations, and rules imposed by U.S. federal, state or local law, or by any other applicable law.
Child Pornography. The use of the Services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. Beyond Hosting LLC is required by law to, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, the Services.
Other Illegal Activities. The use of the Services to engage in any activity that is determined by Beyond Hosting LLC, in its sole and absolute discretion, to be illegal is prohibited. Such illegal activities include, but are not limited to, storing, posting, displaying, transmitting or otherwise making available ponzi or pyramid schemes, fraudulently charging credit cards or displaying credit card information of third parties without their consent, and failure to comply with applicable on-line privacy laws. Beyond Hosting LLC will cooperate fully with appropriate law enforcement agencies in connection with any and all illegal activities occurring on or through the Services.
Obscene, Defamatory, Abusive or Threatening Language. Use of the Services to store, post, transmit, display or otherwise make available obscene, defamatory, harassing, abusive or threatening language is prohibited.
Backup Storage. Beyond Hosting LLC offers its Services to host web sites, not to store data. Using an account as an online storage space for archiving electronic files is prohibited and will result in termination of hosting services without prior notice.
Other Activities. Engaging in any activity that, in Beyond Hosting LLC's sole and absolute discretion, disrupts, interferes with or is harmful to (or threatens to disrupt, interfere with, or be harmful to) the Services, Beyond Hosting LLC's business, operations, reputation, goodwill, Subscribers and/or Subscriber relations, or the ability of Beyond Hosting LLC's Subscribers to effectively use the Services is prohibited. Such prohibited activities include making available any program, product or service that is designed to or could be used to violate these Terms. In addition, the failure of Subscriber to cooperate with Beyond Hosting LLC in correcting or preventing violations of these Terms by, or that result from the activity of, a subscriber, patron, customer, invitee, visitor, or guest of the Subscriber constitutes a violation of these Terms by Subscriber.

COPYRIGHT NOTICE INFRINGEMENT INFORMATION

In accordance with the Digital Millennium Copyright Act, Beyond Hosting LLC has adopted a policy that provides for termination of websites hosted by Beyond Hosting LLC that are found to infringe on copyrights of third parties. If a copyright holder believes that there has been a violation of his or her copyright on a website that is hosted by Beyond Hosting LLC or a Beyond Hosting LLC subsidiary, and the copyright holder wants Beyond Hosting LLC to remove the website or disable the material in question, Beyond Hosting LLC will remove the website or disable the material if the copyright holder provides us with all of the following information.

A signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed. Identification of the copyrighted work that is claimed is being infringed, or, in the case of claimed infringement of multiple copyrighted works, a representative list of such works.
Identification of the material that is claimed to be infringing or is the subject of infringing activity and that should be removed or access to which should be disabled, with information reasonably sufficient to permit us to locate the material.
Information reasonably sufficient to permit us to contact the person giving the notification, such as an address and telephone, and, if available, an electronic mail address at which such person may be contacted.
A statement that the person giving the notification 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 that the information in the notification is accurate, and under penalty of perjury, that the person giving the notification is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

GENERAL

Promotional Pricing. Beyond Hosting LLC may periodically offer "free" or discounted services or credits in connection with a promotional offer, including, without limitation, free domain name registration. Such promotional offers are honored only in connection with the specific promotional package to which they apply. In the event a Subscriber downgrades or otherwise changes his/her/its subscription to a subscription to which a promotional offer does not apply, Subscriber will forfeit any unused free credits offered under the promotional packaged and Beyond Hosting LLC will charge Subscriber the prevailing fees for any free credits redeemed by Subscriber under the promotional package.
Backups. For its own operational efficiencies and purposes, Beyond Hosting LLC from time to time backs up data on its servers, but is under no obligation or duty to Subscriber to do so under these Terms. IT IS SOLELY SUBSCRIBER'S DUTY AND RESPONSIBILITY TO BACKUP SUBSCRIBER'S FILES AND DATA ON Beyond Hosting LLC SERVERS, AND under no circumstance will Beyond Hosting LLC be liable to anyone FOR DAMAGES OF ANY KIND under any legal theory for loss of Subscriber FILES AND/or data on any Beyond Hosting LLC server.
Monitoring and Disclosures. All activities occurring on, in, and/or via the Services or any website hosted by Beyond Hosting LLC may be monitored, recorded, and examined by any authorized person, including as well law enforcement. In general, Beyond Hosting LLC does not monitor its Subscribers' websites or activities to determine whether they are in compliance with these Terms. However, when and if Beyond Hosting LLC becomes aware of any violation of these Terms, Beyond Hosting LLC may take any lawful action, and in the event of illegal activity, will take action, to stop or correct such violation, including, but not limited to, shutting down a website, denying access to the Services or to the Internet via Beyond Hosting LLC, and/or removing non-complying information. In addition, Beyond Hosting LLC may take any lawful action against a Subscriber or a subscriber, patron, customer, invitee, visitor, or guest of such Subscriber because of the activities of such subscriber, patron, customer, invitee, visitor, or guest. Beyond Hosting LLC reserves the right to take any such action even though such action may affect other subscribers, patrons, customers, invitees, visitors, or guests of the Subscriber. Beyond Hosting LLC may disclose any information in its possession, including, without limitation, information about Subscribers, internet transmissions and website activity in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, governmental request, or other legal process to protect Beyond Hosting LLC or others from harm, and/or to ensure the proper operation of the Services. Beyond Hosting LLC has no obligation to notify any person, including the Subscriber about whom information is sought, that Beyond Hosting LLC has provided the information.
Accurate Account Information. Subscriber must continually update and keep accurate and current Subscriber's contact information stored and saved on Beyond Hosting LLC in order to avoid termination of Subscriber's Beyond Hosting LLC account(s).
Duty to Notify Beyond Hosting LLC of Breach. If Subscriber discovers anyone on the Beyond Hosting LLC system violating any of these Terms or notices anything suspicious from the Beyond Hosting LLC network, Subscriber agrees to report the violation or suspicious activity to abuse@Beyond Hosting LLC for investigation. Beyond Hosting LLC reserves the right to and will immediately terminate any account which Beyond Hosting LLC concludes to be in violation of any of these Terms.
Reservation of Rights. Beyond Hosting LLC reserves the right to refuse and cancel service to any Subscriber for any lawful reason at any time during Subscriber's hosting term with Beyond Hosting LLC.
Governing Law. These Terms shall be governed by the laws of the State of Utah without reference to conflict of law principles. The United Nations Convention on the International Sale of Goods shall not apply and is hereby expressly excluded.

ADULT CONTENT

Legal adult content is allowed on Beyond Hosting's servers and network. All content must adhere to our Terms of Service and all applicable US laws. Beyond Hosting may require the customer to provide documentation meeting the requirements of 18 U.S.C. 2257 for review. Any customer found to be in non-compliance with 18 U.S.C. 2257 or any other applicable law may have their account suspended or revoked without warning at our sole discretion.

WARRANTY DISCLAIMER - LIMITATIONS - INDEMNIFICATION

Warranty Disclaimer. YOU, THE SUBSCRIBER, ACKNOWLEDGE THAT THE SERVICES AND THE SOFTWARE ARE PROVIDED "AS IS, AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND. Beyond Hosting LLC HEREBY DISCLAIMS ANY WARRANTY OR CONDITION WITH RESPECT TO THE QUALITY, PERFORMANCE OR FUNCTIONALITY OF THE SERVICES AND SOFTWARE, OR WITH RESPECT TO THE QUALITY OR ACCURACY OF ANY INFORMATION OBTAINED FROM OR AVAILABLE THROUGH USE OF THE SERVICES AND SOFTWARE, OR THAT THE SERVICES AND SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICES AND SOFTWARE MAY CONTAIN ERRORS. NO ADVICE OR INFORMATION GIVEN BY Beyond Hosting LLC OR Beyond Hosting LLC'S REPRESENTATIVES INCLUDING, WITHOUT LIMITATION, SUBSCRIBER SUPPORT REPRESENTATIVES, SHALL CREATE A WARRANTY. Beyond Hosting LLC DISCLAIMS ALL WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED OR STATUTORY INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OF COMPUTER PROGRAMS AND CONTENT. Beyond Hosting LLC DOES NOT GUARANTEE THAT USERS WILL BE ABLE TO USE THE SERVICES AT TIMES OR LOCATIONS OF THEIR CHOOSING. Beyond Hosting LLC DOES NOT WARRANT THAT THE SERVICES ARE COMPATIBLE WITH ANY THIRD PARTY SERVICE OR SOFTWARE, EVEN IF SUCH THIRD PARTY CLAIMS, REPRESENTS OR WARRANTS THAT SUCH SERVICE OR SOFTWARE IS COMPATIBLE WITH ANY SERVICE OR Beyond Hosting LLC IN PARTICULAR.
Limitations on Beyond Hosting LLC's Liability. Beyond Hosting LLC SHALL NOT BE LIABLE FOR NONPERFORMANCE OR DELAY IN PERFORMANCE CAUSED BY ANY REASON, WHETHER WITHIN OR OUTSIDE OF ITS CONTROL. IN NO EVENT SHALL Beyond Hosting LLC BE LIABLE UNDER CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) WHETHER OR NOT Beyond Hosting LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. Beyond Hosting LLC SHALL NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY. Beyond Hosting LLC'S ENTIRE LIABILITY AND SUBSCRIBER'S EXCLUSIVE REMEDY WITH RESPECT TO ANY USE OF THE SERVICES IS THE CANCELLATION OF SUBSCRIBER'S ACCOUNT AS SET FORTH HEREIN. IN NO EVENT SHALL Beyond Hosting LLC'S LIABILITY TO YOU, THE SUBSCRIBER, EXCEED THE GREATER OF ONE DOLLAR ($1.00) OR ANY AMOUNTS ACTUALLY PAID IN CASH BY YOU, THE SUBSCRIBER, TO Beyond Hosting LLC FOR THE PRIOR ONE MONTH PERIOD. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THESE TERMS OR OUT OF THE SERVICES MAY BE BROUGHT BY YOU, THE SUBSCRIBER, MORE THAN ONE YEAR AFTER THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION . SOME JURISDICTIONS DO NOT ALLOW A LIMITATION ON LIABILITY FOR NEGLIGENCE THAT CAUSES DEATH OR PERSONAL INJURY AND, IN SUCH JURISDICTIONS, Beyond Hosting LLC'S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Indemnification of Beyond Hosting LLC. You, the Subscriber, agree to defend, indemnify and hold Beyond Hosting LLC, its affiliates and its sponsors, partners, other co-branders and the respective directors, officers and employees of each harmless from and against any and all claims, losses, damages, liabilities and costs (including, without limitation, reasonable attorneys' fees and court costs) arising out of or relating to your breach of any of these Terms or use by you or any third party of the Services, except to the extent the foregoing directly result from Beyond Hosting LLC's own gross negligence or willful misconduct. Beyond Hosting LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, the Subscriber.

PROHIBITED COUNTRIES, ENTITIES, AND INDIVIDUALS

Sanctioned Countries. The government of the United States of America, through various of its offices and agencies, including but not limited to, through one or more Executive Orders of the President of the United States, through rules and regulations of the United States Department of State, Department of the Treasury, and Department of Commerce, has determined that, with respect to all or certain commercial activities that would otherwise occur between i) the United States, its citizens or residents on the one hand and ii) the governments, citizens, or residents of certain other countries ("Sanctioned Countries") on the other hand, said commercial activities are to be prohibited, embargoed, sanctioned, banned, and/or otherwise excluded. Sanctioned Countries presently include, among others, Balkans, Belarus, Burma, Cote d'Ivoire (Ivory Coast), Cuba, Democratic Republic of the Congo, Iran, Iraq, former Liberian Regime of Charles Taylor, North Korea, Sudan, Syria, and Zimbabwe. "Sanctioned Countries" shall be deemed automatically to be added to or otherwise modified from time to time consistent with the determination(s) of the government of the United States, and shall include all other countries with respect to which commercial activities are prohibited, embargoed, sanctioned, banned and/or otherwise excluded by determination(s) of the government of the United States from time to time.

Each Sanctioned Country, all governmental, commercial, or other entities located therein, and all individuals located in any Sanctioned Country are hereby prohibited from registering or signing up with, subscribing to, or using any service of Beyond Hosting LLC.
Each individual which is a National or Citizen of a Sanctioned Country is hereby prohibited from registering or signing up with, subscribing to, or using any service of Beyond Hosting LLC, regardless of where said individual is located.

Prohibited Organizations/Entities. The government of the United States of America, through various of its offices and agencies, including but not limited to, through one or more Executive Orders of the President of the United States, through rules and regulations of the United States Department of State, Department of the Treasury, and Department of Commerce, has determined that certain organizations and/or entities (collectively "Prohibited Organizations/Entities" and individually "Prohibited Organization/Entity") are to be prohibited, embargoed, sanctioned, banned, and/or otherwise excluded from all or certain commercial transactions with the United States, its citizens and residents. The Prohibited Organizations/Entities are those as set forth in the applicable records of the government of the United States, including without limit those set forth at: http://www.ustreas.gov/ofac; and, http://www.ustreas.gov/offices/enforcement/ofac/programs/terror/terror.pdf, as said determinations and resulting records may be amended, updated, or otherwise modified from time to time.

Each Prohibited Organization/Entity is hereby prohibited from registering or signing up with, subscribing to, or using any service of Beyond Hosting LLC.

Prohibited Individuals. The government of the United States of America, through various of its offices and agencies, including but not limited to, through one or more Executive Orders of the President of the United States, through rules and regulations of the United States Department of State, Department of the Treasury, and Department of Commerce, has determined that certain individuals (collectively "Prohibited Individuals" and individually "Prohibited Individual"), including without limit, certain Specially Designated Nationals are to be prohibited, embargoed, sanctioned, banned, and/or otherwise excluded from all or certain commercial transactions with the United States, its citizens and residents. The Prohibited Individuals are those as set forth in the applicable records of the government of the United States, including without limit those set forth at: http://www.ustreas.gov/ofac; and, http://www.ustreas.gov/offices/enforcement/ofac/programs/terror/terror.pdf, as said determinations and resulting records may be amended, updated, or otherwise modified from time to time.

Each Prohibited Individual is hereby prohibited from registering or signing up with, subscribing to, or using any service of Beyond Hosting LLC.

Vendor TOS

You must also agree to the TOS and AUP of all vendors used by Beyond Hosting in order to make use of our services.

Level 3 Communications
TW Telecom
eNom
Singlehop
cPanel
SPLA
TheSSLStore

CONCLUDING STATEMENTS

Beyond Hosting LLC, respects the intellectual property of others, and we ask our users to do the same. Beyond Hosting LLC may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Beyond Hosting LLC's Copyright Agent the following information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
A description of the copyrighted work or other intellectual property that you claim has been infringed;
A description of where the material that you claim is infringing is located on the site;
Your address, telephone number, and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

The agent for notice of claims of copyright or other intellectual property infringement can be contacted by CERTIFIED mail at:

Beyond Hosting LLC
P.O. Box 363 ,
Maineville , Ohio 45039

WHILE EVERY ATTEMPT WILL BE MADE TO PROCESS YOUR REQUEST WITHIN THE SHORTEST POSSIBLE TIME PERIOD, DUE TO WORKLOAD PLEASE ALLOW UP TO 5 BUSINESS DAYS FOR PROCESSING.

IF YOU, FOR YOURSELF OR ON BEHALF OF ONE OR MORE PERSONS YOU ARE REPRESENTING WITH RESPECT TO Beyond Hosting LLC SERVICES, DO NOT AGREE TO ANY OF THE FOREGOING TERMS, YOU MUST, FOR YOURSELF AND ON BEHALF ANY SUCH PERSON(S), DISCONTINUE THE REGISTRATION PROCESS, DISCONTINUE YOUR USE OF THE SERVICES, AND, IF YOU ARE ALREADY A MEMBER, CANCEL YOUR Beyond Hosting LLC ACCOUNT. BEGINNING NOW, ANY CONTINUATION BY YOU IN USING THE SERVICES CONSTITUTES FOR YOU AND THOSE REPRESENTED BY YOU AN EXPRESS AFFIRMATION AND COMMITMENT TO BE (OR TO CONTINUE TO BE, AS APPLICABLE) LEGALLY BOUND BY AND TO COMPLY WITH ALL OF THESE TERMS.

Beyond Hosting