Terms of Service

ACCEPTANCE OF TERMS OF SERVICE

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. 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

  1. 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:
    1. Nonrefundable Fees: Fees paid by Subscriber in connection with the purchase of SSL certificates, software licenses, and domain names are nonrefundable.
    2. Nonrefundable Fees are set forth in Paragraph 3.01(A):
      1. 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.
      2. 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.
      3. Beyond Hosting's 'Starter' and 'Hybrid' packages are non-refundable.
    3. Cancellations. Subscriber may cancel his/her/its Services at any time, before or after automatic account renewal.
    4. Notice of Cancellation. Subscriber must direct all cancellation requests to Beyond Hosting LLC by submitting a support ticket via the customer portal.
    5. Any payments paid by You or charged to Your account are non-refundable unless Beyond Hosting, LLC has made an error in billing.
  2. All services other than shared hosting accounts are Non-refundable.

CHARGEBACKS / DISPUTES

In the event Beyond Hosting receives a notice of credit card chargeback, PayPal dispute, or otherwise similar means to draw funds paid on an active product and/or service Beyond Hosting will; IMMEDIATELY suspend the related services and products (this includes domains), mark the original invoice as unpaid and place an immediate cancellation request for ALL of the your products and services on your behalf.

COUPON / PROMOTION POLICY

  1. 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.
    • Recurring coupon codes are limited to a maximum period of 6 months.
  2. Coupon codes must be applied before the checkout process is completed.
  3. Beyond Hosting will not adjust billing to add or change coupons after the checkout process has been completed.
  4. Promotions are only valid for the time period specified. Beyond Hosting does not publish this information. If you would like to inquire please contact support.
  5. Beyond Hosting may expire any promotion at any time without prior notice.
  6. 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 woul