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Terms Of Service

1. ACCEPTANCE OF TERMS OF SERVICE
1. As a precondition and requirement to use the services available from Beyond Hosting LLC, you, for and on behalf of yourself, individually, and for any company, entity, trade name, business or other person(s), if any, you represent or are affiliated with in business ("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 owners, members, principals, agents, employees, 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 to Beyond Hosting, LLC that, if an individual, Subscriber is at least 18 years of age and otherwise legally competent in all respects; and if a corporation, limited liability company, partnership, or other legal entity, is duly formed , in good standing, fully authorized, 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 these Terms from registering or signing up with or otherwise subscribing to or receiving any of the Services from Beyond Hosting LLC. Subscriber further represents and warrants that all information provided by Subscriber to Beyond Hosting LLC has been and will continue to be true, complete, accurate, and current, and that Subscriber shall continue to provide true, 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 Terms, a parent or legal guardian of a minor may obtain an account on the minor's behalf, and by doing so, said parent, guardian and minor all consent to such minor's use of the Services. Subscribing parents and legal guardians each 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’s goal is 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 Subscribers. However, consistent with this policy, evolving 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 to Subscribers or others..
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.
2. 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. Fourteen (14) 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 sixteen (16) days prior to the account expiration date, by directing Automatic Renewal Cancellation Notification to Beyond Hosting LLC by sending a billing support ticket via our customer portal or cancelling from the customer portal services page. 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 is acting under proper authority 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, Subscriber or customer is required to pay, in full, the price that was previously quoted, regardless of contract status. When a job is initiated, the Subscriber or customer will be allowed to see progress of the task during production. If a Subscriber or 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 result in termination of the service, until Beyond Hosting has received payment in full and agrees to resume the service.
7. All works and content, including all HTML documents, PHP Scripts, Images, CSS files, and all other materials and work produce constructed by Beyond Hosting LLC are and remain the sole properly of Beyond Hosting LLC until the client,. Subscriber or customer has paid Beyond Hosting LLC for all work and materials and executed the "Work Order Completion and Ownership Transfer" form or such other form or document of completion and transfer as designated by Beyond Hosting LLC.
3. CANCELLATION OF SERVICES - REFUND POLICY
1. Cancellations and Refunds. Beyond Hosting LLC provides no money back guarantee. Virtual and Dedicated servers are nonrefundable.
1. Nonrefundable Fees: Fees paid by Subscriber in connection with the purchase of SSL certificates, software licensing and domain names are nonrefundable.
2. Cancellations within First 3 Days of Registration. In the event Subscriber cancels the Services prior to the expiration of 3 calendar days after registration, Subscriber will receive a full refund of all fees paid in connection with the registration upon request, with the exception of any Nonrefundable Fees set forth in Paragraph 3.1. Subscriber has the option, but not the obligation, to retain ownership and control of any promotional "Free Domain Names" registered in connection with the subscription, in which case Subscriber's refund will be reduced by $10 per domain name.
3. Cancellations After 3 Days and Before 30 Days. In the event Subscriber cancels the Services after the expiration of 3 calendar days after registration, but prior to the expiration of 30 calendar days, Subscriber will receive a refund of all fees paid in connection with the registration, with the exception of any Nonrefundable Fees set forth in Paragraph 3.01(A), subject to the following additional mandatory reductions:
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.
4. Cancellations After 30 Days. Subscriber may cancel his/her/its Services at any time, before or after automatic account renewal, and, with the exception of any Nonrefundable Fees set forth in Paragraph 3.01(A) and setup fees, if any, which are nonrefundable after 30 calendar days, receive a pro-rated refund for all other fees paid for Services, less $10 per "Free Domain Name."
5. Notice of Cancellation. Subscriber must direct all cancellation requests to Beyond Hosting LLC via email sent to billing@Beyond Hosting LLC.
2. 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.
3. Cancelation for all services is only valid within the first 7 days of agreement. Cancelation fee will be predetermined on the inital contract.
4. PROPRIETARY RIGHTS
These Terms do not give Subscriber any rights in Beyond Hosting LLC’s 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 promise, warrant and 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 have been previously disclosed to one or more third parties without an agreement of confidentially, are generally known, available from public sources, or that can be learned or otherwise acquired in the normal course of business.
5. SECURITY AND OWNERSHIP
1. Site Security. Beyond Hosting LLC uses sophisticated means of security in connection with the Services. Notwithstanding the foregoing, it is solely and exclusively Subscriber's obligation to maintain and control passwords to Subscriber's website(s), and Subscriber remains solely and exclusively responsible for all activities that occur in connection with Subscriber's user name, password and registered domain name(s). Subscriber agrees to assume full responsibility to immediately notify Beyond Hosting LLC of any unauthorized uses of the Service or other breaches of security that become known to Subscriber , or, through the exercise of reasonable care could have been discovered. Beyond Hosting LLC will not be liable for any loss or damages of any kind, under any legal theory, caused, on contributed to wholly or in part by Subscriber's failure to comply with the foregoing security obligations or caused or contributed to in any way by any person to whom Subscriber grants access to Subscriber's Services.
2. Site Ownership. Beyond Hosting LLC claims no ownership interest or responsibility for or in the content of Subscriber's website(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 website 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.
3. 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 clear 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 in a manner that relieves Beyond Hosting LLC of all liability or obligations concerning the dispute. If the disputing persons or entities 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 Ohio, file a legal action for declaratory judgment, clarification of rights and responsibilities, or an interpleader in a court of competent jurisdiction over the parties and subject matter of the dispute, within the State of Ohio, or any state having jurisdiction over the parties and subject matter, for the purpose of resolving said dispute and reaching certainty regarding ownership of or rights in said site and/or account. By virtue of the terms and conditions of this agreement and/or applicable terms of Subscriber’s individual service agreement or other agreement with Beyond Hosting, LLC, the person(s) or entities conclusively and finally determined by the settlement or judgment in legal action to be 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 to Beyond HostingLLC monthly, as incurred, and/or immediately upon thirty (30) days after judgment or settlement is reached in a legal 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. Nothing in this section 5.03 shall in any way diminish any other rights of Beyond Hosting LLC set forth in any other section of these Terms, or otherwise available to Beyond Hosting LLC in law or in equity.
6. PRIVACY POLICY
1. Commitment. Beyond Hosting LLC’s 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 Subscriber’s 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.
2. 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 under security measures taken by Beyond Hosting LLC as described in this Section 5. Beyond Hosting LLC uses Secure Sockets Layer (SSL), the industry standard, for encrypting all personal information, including name, address and credit card numbers.
3. Confidentiality. With the exception of trusted business affiliates and/or associates and employees of Beyond Hosting, LLC, who work for or on behalf of or in connection with Beyond Hosting LLC, and are subject to specific confidentiality under the terms of their employment, Beyond Hosting LLC will not share, disclose, provide or sell to any third party Subscriber’s personal or confidential information, and will keep all Subscriber information confidential, subject to the following:
1. 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).
2. Beyond Hosting LLC will respond to subpoenas, court orders, or other legal process, and may, without specific consent, divulge and/or utilize Subscriber information as reasonably necessary to establish or exercise Beyond Hosting LLC's legal rights or defend against legal claims.
3. 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.
4. 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.
7. DEDICATED AND VIRTUAL SERVERS
1. Hardware Replacement Guarantee
1. Beyond Hosting LLC strives to maintain the integrity of the hardware used to provide its services, and any Downtime resulting from or caused by failure of hardware owned and/or operated by Beyond Hosting LLC, shall result in a credit to Subscriber’s Account with Beyond Hosting LLC. Beyond Hosting LLC maintains a stock of all essential hardware believed to be reasonably necessary and adequate to provide the Services. Beyond Hosting LLC will replace any and all substantially malfunctioning hardware within one hour of Beyond Hosting LLC becoming aware of such substantial malfunction.
2. 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.
3. In the event Beyond Hosting LLC fails to meet this hardware replacement guarantee, Beyond Hosting LLC will issue, to Subscriber, 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.)
4. To receive a credit, Subscriber 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 Subscriber’s Beyond Hosting LLC account within thirty (30) days of receipt of Subscriber’s credit request.
2. Billing
1. 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.
2. Non-Payment Termination
1. In the event that Subscriber fails to pay within 3 days of the due date Beyond Hosting, LLC reserves the right to suspend Subscriber’s service without notification.
2. If you has not paid within 5 days of the due date Beyond Hosting, LLC reserve the right to cancel Subscriber’s account and reformat Subscriber’s server.
3. Overage Billing
1. "Overage" is defined as the usage of Beyond Hostings service outside of Subscriber’s allocated limitation.
2. Subscriber agrees to pay the then-current overage feees and changes for the Beyond Hosting LLC services upon receipt of an invoice. All overage rates are available from sales@beyondhosting.net
4. Termination and Money Back Guarantee
1. The Term for all Subscriber services is month to month unless otherwise specifically 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 less than fourteen (14) days prior to the first day of the next month for billing. Subscriber may cancel Subscriber’s account by written or email notice of termination of this Agreement addressed to and received by Beyond Hosting LLC’s billing department.
2. Beyond Hosting LLC may terminate this Agreement at any time, effective immediately and without notice, upon any breach by Subscriber of any of the terms of this Agreement. In such event, Beyond Hosting LLC shall have no obligation to refund any fees paid by Subscriber.
3. Beyond Hosting LLC does not offer a refund-based MBG of any kind.
3. Storage and Security Policies
1. At all times, Subscriber bears full risk of loss of any content and software Subscriber places on the Beyond Hosting LLC servers. Subscriber is entirely responsible for maintaining the confidentiality of Subscriber’s password and account information. Subscriber acknowledges and agree that Subscriber is solely responsible for all acts, omissions and use under and charges incurred with Subscriber’s account or password or in connection with the server or any of the content displayed, linked, transmitted through or stored on the server.
2. Beyond Hosting LLC undertakes obligation to provide management or security services unless Subscriber specifically requests and Beyond Hosting LLC agrees to do so. If any technology specifically associated with Subscriber’s account requires updating, Subscriber must request such updating through Beyond Hosting LLC's ticketing system.
3. Subscriber shall be solely responsible for undertaking measures to: (i) prevent any loss or damage to Subscriber’s content; (ii) maintain independent archival and backup copies of Subscriber’s content; and (iii) ensure the security, confidentiality and integrity of Subscriber’s content transmitted through or stored on Beyond Hosting LLC’s servers. Beyond Hosting LLC shall have no liability to Subscriber or any other person or entity for loss, damage or destruction of any of Subscriber’s content.
4. Agreement to Cooperate With Investigations
1. Subscriber agrees that Subscriber 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 Subscriber or 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. Subscriber agrees that Subscriber will cooperate with Beyond Hosting LLC in connection with all reasonable requests made by Beyond Hosting LLC for Subscriber to preserve all information and content that may be the subject of any investigation or third party claim.
5. Liability
1. IN NO EVENT SHALL BEYOND HOSTING LLC, ITS OWNERS, MEMBERS, PRINCIPALS, AGENTS, OR IMPLOYEES BE LIABLE TO SUBSCIRBER OR ANY OTHER PERSON, ENTITY OR THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR LOSS OF PROFITS, REVENUE, DATA OR USE, SUFFERED BY SUBSCRIBER 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.
2. Subscriber specifically agrees that 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 Subscriber 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 Subscriber for system downtime.
6. All other Beyond Hosting LLC’s Terms of Service and usage policies apply to dedicated and virtual servers.
8. "UNLIMITED" USAGE POLICIES AND DEFINITIONS
1. 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 Subscribers with all the storage and bandwidth resources believed to be reasonably required to power the websites and meet the requirements of Subscribers so as long as the Subscriber's use of the services complies with these Terms. By not setting limits on key resources, Beyond Hosting, LLC is 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.
2. 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 websites 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 Subscriber site growing too quickly and adversely impacting the system until Beyond Hosting LLC can evaluate said sites resource needs.
3. 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.
4. Unlimited File Transfer. Beyond Hosting LLC does not set arbitrary limits on the amount of visitor traffic a website 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 website 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 doing so is necessary to prevent negatively impacting other Subscribers.
5. 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.
6. Downtime is defined as the time Beyond Hosting LLC’s 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.
7. Downtime account credit is based on the following calculations:
24 (hours) x 365 (days) = 8760 (hours)
359.88 / 8760 = 0.041
Essentially, since there are 8760 hours are in a year, a hosting package that costs $359.88/yr, computes to a cost of 4 cents per hour, rounded.
For every hour that Beyond Hosting LLC’s servers are down, affected Subscribers are credited 4 cents ($0.04).
9. COOKIE POLICY STATEMENT
1. 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 Subscriber describing 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 to provide Beyond Hosting LLC's existing Subscribers with the opportunity for continued savings and increased convenience.
2. Cookies for Improving Our Website. 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.
3. 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 LLC’s 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 discount credited to Subscriber’s Account.
4. 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 need not fill out form fields to manage the account. The cookie does not store Passwords. Beyond Hosting LLC is dedicated to using the newest technologies to simplify our Subscribers' experience.
10. PROHIBITED USES
1. Breach of Terms and Account Termination. Uses of Beyond Hosting LLC Services set forth in this this Section 10 are prohibited. Engaging in a prohibited use 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.
2. 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.
3. 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.
4. Profanity. Profanity or profane subject matter in the domain name are prohibited.
5. 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).
6. 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).
7. 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.
8. Viruses and Other Destructive Activities. Use of the Services for destructive r malicious activities, including but not limited to 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 any 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.
9. 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.
10. Anonymous Proxies. Beyond Hosting LLC does not allow the use of anonymous proxy scripts on its servers.
11. Export Control Violations. The exportation of encryption software outside of the United States and/or violations of United States policy or law relating to 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.
12. Child Pornography. The use of the Services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. Beyond Hosting LLC will comply with all applicable laws and regulations, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography or other illegal content on, or being transmitted by or through, the equipment, hardware, systems or Services of Beyond Hosting, LLC.
13. Other Illegal Activities. The use of the Services to engage in any illegal activity, determined by Beyond Hosting LLC, in its sole and absolute discretion, to be illegal, is prohibited. Such illegal activities may 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 all investigations and prosecutions of law enforcement agencies claiming jurisdiction in connection with any and all allegedly illegal activities occurring on or through the equipment, hardware, systems or Services of Beyond Hosting, LLC.
14. 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.
15. Backup Storage. Beyond Hosting LLC offers its Services to host websites, 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.
16. 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 notice, takedown and termination of websites hosted by Beyond Hosting LLC that are believed to be infringing on copyrights of third parties. _____________________________________________________________ NOTE: WHAT FOLLOWS IS NEW LANGUAGE OBTAINED FROM INTERNET SOURCES AS THE REQUIREMENTS OF THE ACT.

It is the Policy of Beyond Hosting LLC to receive and expeditiously respond to clear notices of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act (DMCA). This Section describes the information that should be present in these notices. It is designed to make submitting notices of alleged infringement to the Beyond Hosting LLC as straightforward as possible while limiting the number of notices that Beyond Hosting LLC must respond to eliminating those that are fraudulent or difficult to understand or verify. The form of notice specified below is consistent with the form suggested by the DMCA (the text of which can be found at the U.S. Copyright Office Web Site, http://www.copyright.gov).
It is expected that all users of any services offered by Beyond Hosting LLC will comply with applicable copyright laws. If, however, Beyond Hosting LLC receives proper notification of claimed copyright infringement following the form set forth in this Section, Beyond Hosting LLC’s response to such notices may include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating Subscribers, regardless of whether Beyond Hosting LLC could be legally liable for the consequences of such infringement under United States law or the laws of another jurisdiction.
If Beyond Hosting LLC takes down, removes or disables access in response to such a notice, Beyond Hosting LLC will make a good-faith effort to contact the owner or administrator of the affected Subscriber so as to enable the affected Subscriber to make a counter notification pursuant to Sections 512(g)(2) and (3) of the DMCA.
PROCEDURE ON INFRINGEMENT NOTIFICATION:
Upon receipt of proper notification of claimed infringement, Beyond Hosting LLC will follow the procedures outlined herein and in the DMCA.
A notice of infringement acceptable to Beyond Hosting LLC must be submitted by the Allegedly Aggrieved Party (AAP) by written communication (by fax or regular mail not email) clearly stated and signed by the AAp, that sets forth the information specified below. Subject to prior written consent by Beyond Hosting LLC an AAP may not communicate the information specified below by email, and attempted notifications by email will not be accepted, acknowledged or recognized. Please note that an AAP may be held liable for damages (including costs and attorney's fees) if Notice submitted the AAP and/or additional information materially misrepresents that material is infringing copyright(s) and associated rights of the AAP. Accordingly, it is highly recommended that the AAP consult with and retain an attorney to represent the AAP to make certain the AAP is the proper copyright holder and that copyright laws protect the material of the AAP.
To expedite Beyond Hosting LLC’s ability to promptly process a request, Beyond Hosting LLC requires that all Notices use the following format (including section numbers):
1. Identify with sufficient detail the copyrighted work that you believe to have been infringed. (For example, "The copyrighted work at issue is the "Name of the work" by "name of the author" and abstract number (http://ssrn.com/abstract=638801);
2. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Beyond Hosting LLC to locate the material;
3. Information reasonably sufficient to permit Beyond Hosting LLC to contact directly the AAP or authorized representative including the name of an individual, authorized to discuss the Notice and underlying copyright and associated rights and content, the name address, telephone number, and email address at which the AAP and designated authorized person may be contacted;
4. The following statement: "I have 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", based on facts that include the following information: (Here state the facts that form the basis for the NOTICE or complaint;
5. The following statement: "I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the copyright owner, or the person authorized to act on behalf of the owner, of an exclusive, legally enforceable right that is allegedly infringed"; and
6. Sign the document.
7. Send the written communication to:
Beyond Hosting, LLC, Attention Justin Oeder 1577 Shawhan Rd. Morrow, Ohio 45152

OR fax to:
??????? Attn: Beyond Hosting LLC DMCA Complaints
COUNTER NOTIFICATION

The Subscriber that is the provider of the allegedly infringing content an may make a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act.
To file a counter notification with Beyond Hosting LLC, the Subscriber must provide written communication (by fax or regular mail) that sets forth the information specified in the list below. Subject to prior written agreement and consent of Beyond Hosting LLC a Subscriber may not communicate the information specified below by email. Please note that a Subscriber may be held liable for damages (including costs and attorney's fees) if the Subscriber materially misrepresents that material is infringing your copyright(s). Accordingly, if the Subscriber is not sure of the proper copyright holder or whether copyright laws protect the material Subscriber is urged to consult and retain an attorney to represent Subscriber regarding the Notice and allegations of the AAP. Please note that Subscriber will be potentially liable to Beyond Hosting LLC and the AAP for damages (including costs and attorneys' fees) if Subscriber materially misrepresents that a product or activity is not infringing the copyrights of others when in fact it is. Accordingly, if Subscriber is not sure whether certain material infringes the copyrights of others, Beyond Hosting LLC urges Subscriber to contact an attorney.
To expedite our ability to process Subscriber’s request or Counter Notice, Subscriber must use the following format (including section numbers):
1. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
2. Your name, address, telephone number and email address;
3. The following statement: "I consent to the jurisdiction of Federal District Court for the [insert the federal judicial district in which your address is located]";
4. The following statement: "I will accept service of process from [insert the name of the person who submitted the infringement notification] or his/her agent";
5. The following statement: "I swear, under penalty of perjury, that I have a good faith belief that the affected material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled"; and
6. Sign the document.
7. Send the written communication to:
Beyond Hosting, LLC, Attention Justin Oeder 1577 Shawhan Rd. Morrow, Ohio 45152

OR fax to:
??????? Attn: Beyond Hosting LLC DMCA Complaints
Upon receipt of such counter notification, Beyond Hosting LLC will promptly provide the Subscriber and the AAP or authorized person that provided the Notice with a copy of the counter notification, and inform both that Beyond Hosting, LLC will replace the removed material or cease disabling access to it in 10 business days. Beyond Hosting, LLC will replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the counter notice, unless Beyond Hosting, LLC’s Designated Agent first receives notice from the AAP who submitted the original infringement notification that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our system or network.
REPEAT INFRINGERS

In accordance with Section 512(i)(1)(a) of the DMCA, Beyond Hosting, LLC will, in appropriate circumstances, disable and/or terminate the accounts of users who are repeat infringers.
YOUR PRESENT LANGUAGE
___________________________________________________________________________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.
17. 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.
18. 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.
19. Information reasonably sufficient to permit Beyond Hosting, LLC 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.
20. 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.
21. 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.
12. GENERAL
a. 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.
b. 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 SUBSCRIBER'S SOLE 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 LOSS OR DAMAGES OF ANY KIND under any legal theory for loss of Subscriber FILES AND/or data on any Beyond Hosting LLC server.
c. 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 Beyond Hosting, LLC, its principals, agents emploees and/or by any authorized persons, including law enforcement officers. In general, Beyond Hosting LLC does not regularly monitor its Subscribers' websites or activities to determine whether they are in compliance with these Terms or applicable laws or regulations. However, when and if Beyond Hosting LLC becomes aware of any content or activity that may constitute violation or breach of these Terms or applicable laws or regulations, Beyond Hosting LLC may monitor the site and/or take any appropriate action, and in the event of illegal activity, notify law enforcement officials and take action to stop or correct such violations, 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 other appropriate action against a Subscriber or 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.
d. 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).
e. 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.
f. 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.
g. Governing Law. These Terms shall be governed by the laws of the State of Ohio 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.
13. WARRANTY DISCLAIMER - LIMITATIONS - INDEMNIFICATION
a. Warranty Disclaimer. SUBSCRIBER, ACKNOWLEDGES 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 WITH RESPECT TO THE QUALITY, PERFORMANCE OR FUNCTIONALITY OF THE SERVICES AND SOFTWARE, OR 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.
b. 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 SUBSCRIBER, EXCEED THE GREATER OF ONE DOLLAR ($1.00) OR ANY AMOUNTS ACTUALLY PAID IN CASH BY 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 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.
c. INDEMNIFICATION OF BEYOND HOSING LLC. Subscriber, agrees 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 Subscriber’s breach of any of these Terms or use by Subscriber or any third party of the Services, except to the extent the foregoing directly result from Beyond Hosting LLC's 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 Subscriber.
14. PROHIBITED PERSONS (COUNTRIES, ENTITIES, AND INDIVIDUALS)
a. 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.
i. 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.
ii. 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.
b. 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.
i. Each Prohibited Organization/Entity is hereby prohibited from registering or signing up with, subscribing to, or using any service of Beyond Hosting LLC.
c. 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.
i. Each Prohibited Individual is hereby prohibited from registering or signing up with, subscribing to, or using any service of Beyond Hosting LLC.
15. 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 Subscriber believes that Subscriber’s work has been copied in a way that constitutes copyright infringement, or Subscriber’s intellectual property rights have been otherwise violated, please provide Beyond Hosting LLC's Copyright Agent the following information:

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that Subscriber claims has been infringed;
3. a description of where the material that Subscriber claims is infringing is located on the site;
4. Subscriber’s address, telephone number, and email address;
5. a statement by Subscriber that Subscriber has a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. a statement by Subscriber, made under penalty of perjury, that the above information in Subscriber’s Notice is accurate and that Subscriber is the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Beyond Hosting LLC's Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

By CERTIFIED mail:

Beyond Hosting LLC
PO Box 363
Maineville Ohio 45039

WHILE EVERY ATTEMPT WILL BE MADE TO PROCESS SUBSCRIBER’S REQUEST WITHIN THE SHORTEST POSSIBLE TIME PERIOD, DUE TO WORKLOAD PLEASE ALLOW UP TO 5 BUSINESS DAYS FOR PROCESSING.
IF SUBSCRIBER OR ONE OR MORE PERSONS SUBSCRIBER IS REPRESENTING WITH RESPECT TO BEYOND HOSTING, LLC SERVICES, DO NOT AGREE TO ANY OF THE FOREGOING TERMS, SUBSCRIBER MUST, FOR YOURSELF AND ON BEHALF ANY SUCH PERSON(S), DISCONTINUE THE REGISTRATION PROCESS, DISCONTINUE YOUR USE OF THE SERVICES, AND, IF SUBSCRIBER IS ALREADY A MEMBER, SUBSCRIBER MUST CANCEL YOUR BEYOND HOSTING LLC ACCOUNT. FAILURE TO DO SO, AND/OR ANY CONTINUATION BY SUBSCRIBER TO USE SERVICES OFFERED OR PROVIDED BY BEYOND HOSTING LLC CONSTITUTES AN EXPRESS AFFIRMATION AND AGREEMENT TO BE (OR TO CONTINUE TO BE, AS THE CASE MAY BE) LEGALLY BOUND BY THESE TERMS AND CONDITIONS, AND TO FULLY COMPLY AND BE LEGALLY BOUND BY ALL OF THEM, WITHOUT EXCEPTION OR QUALIFICATION OF ANY KIND WHATSOEVER.