- Term(s) – Legally binding document. This whole document
- term – Billing cycle, billing period, the length of time the Subscriber chooses to
- term based services - Services billed and renewed on a cycle. The cycle is also refered to as a term
- Cloud Provider - web host, content host, a service provider consisting of a network and servers which host content for customers
- shared hosting - cPanel based hosting account
Who's who and what's what in this contract.
- 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 and purchasing Beyond Hosting, LLC's products and services, network and systems (collectively the "Product", "Products", "Service", and "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.
Who the subscriber must be.
- 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.
- 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.
This contract can change.
- 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.
What happens if the Terms change.
- 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 9 below.
Additional Terms and Laws the Subscriber agrees to.
- 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 Terms located at http://api.fastdomain.com/terms.html.
- Beyond Hosting, LLC provide services housed by other cloud providers when breaking into new markets. Subscribers using Beyond Hosting, LLC's services housed by other cloud providers are reasonably bound by the housing cloud provider's Terms as well.
- Subscriber also agrees to the Terms of Service and Acceptable Use Policies set forth by Beyond Hosting, LLC's vendors. A short list of these vendors includes but is not limited to; Level 3 Communications, tw telecom holdings, inc, eNom, Singlehop, cPanel, Mircosoft SPLA, TheSSLStore, SoftLayer, Time Warner Cable, and Peak10.
Billing 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 6.2 and 6.3.
- A term is the equivalent of a billing period or billing cycle.
- A term is a contract. If Subscriber selects a monthly billing term, Subscriber is agreeing to pay for one (1) whole month of the Service. If Subscriber selects a bi-annual billing term Subscriber agrees to pay for six (6) months of service.
- Different discounts are afforded to Subscribers which select different terms. Said discount is afforded as it is assumed Subscriber will continue Services for the entire period.
- In the event of a mid-term cancellation, no refund or prorated refund will be supplied.
- Subscriber agrees to pay all applicable fees for Service in effect at the time of registration and renewal.
Automatic Term Renewal.
- Five (5) days prior to the expiration of the Subscribers Service, Beyond Hosting, LLC will send an automatic renewal notification in the form of an invoice. The renewal term will be the same durations as initially selected, at the then-current or since modified, non-promotional rate. Renewal of the Service will go into effect upon receipt of payment, partial or full, for said invoice.
- Beyond Hosting, LLC will automatically charge payment methods which can automatically be charged on the due date of the invoice. Payment methods which cannot be automatically charged will require the Subscriber to submit payment. PayPal Subscriptions are considered a payment method which cannot be automatically charged. Any payment received in the form of a PayPal Subscription will be considered payment submitted by the Subscriber.
Cancellation of Automatic Term Renewal.
- To cancel Automatic Term Renewal, Subscriber must notify Beyond Hosting, LLC of the Subscriber's intent to cancel before the Automatic Term Renewal goes into effect. Cancellation can be completed by submitting a support ticket via the customer portal or terminating or cancelling a service via the customer portal.
Refunds for Hosting.
- Beyond Hosting, LLC provides no guarantee subject to the following terms and conditions:
- Fees paid by Subscriber in connection with the purchase of SSL certificates, software licenses, and domain names are non-refundable.
- Any other payments paid by Subscriber or charged to Subscriber account are non-refundable unless Beyond Hosting, LLC has made an error in billing.
Refunds for all other term based services.
- All other term based services are non-refundable.
Refunds for Products.
- Domains are non-refundable
- SSL and Code Signing certificates are non-refundable
Chargebacks and disputes.
- In the event Beyond Hosting, LLC receives a notice of credit card chargeback, PayPal dispute, or otherwise similar means to draw funds paid for Product or Service Beyond Hosting, LLC will; IMMEDIATELY suspend, terminate, or transfer all Subscribers Services and Products, generate an invoice for the total ammount of the chargeback plus a 100% fee, and reserves the right to place an immediate cancellation request for ALL of the Subscribers Products and Services on Subscribers behalf.
- All disputes will be fought using personally identifiable information.
Coupon and Promotion policy.
- Coupon codes are only valid for new Subscribers who have not previously had an account or Service with Beyond Hosting, LLC
- Coupon code are only valid for the first purchase of a Product or Service.
- Recurring coupon codes are limited to a maximum period of six (6) months.
- Coupon codes must be applied before the checkout process is complete.
- Beyond Hosting, LLC will not adjust billing to add or change coupons after the check process has been completed.
- Promotions are only valid for the time period specified. This information is no published. If Subscriber wishes to obtain this information Subscriber must open a support ticket via the customer portal.
- Beyond Hosting, LLC may expire any promotion at any time without prior notice.
- Any attempt by a previous or exsiting Subscriber to circumvent these policies will be considered fraud and will result in the suspention or termination of service without notice.
- Promotions are intended to encouage new Subscribers to try our service and entice existing Subscribers to upgrade Services so the benefits of Beyond Hosting, LLC's services can be seen first hand. Many of our promotional prices are not profitable and only an incentive. Thank you for your understanding.
- 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 the Subscriber agree that neither will, directly or indirectly, reverse engineer or decompile object or execution code, nor otherwise seek to obtain source code and trade secrets of the other party. Notwithstanding the foregoing, nothing herein shall bar Beyond Hosting, LLC from using any knowledge, information, or kills that are generally known or that can be learned or otherwise aquired in the normal cource of business.
- Services 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 Services, and Subscriber is exclusively is responsible for all activities that occur in connection with Subscriber's user name, password and registered domain names. 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.
- Ownership. Beyond Hosting, LLC claims no ownership interest in the content of Subscriber's content. 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 Services 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 Paragraph 9.1.
- Content ownership or account ownership disputes sometimes arise between or among multiple persons claiming ownership of rights in content hosted by Beyond Hosting, LLC. Beyond Hosting, LLC is not obligated to resolve any such disputes. If multiple persons are claiming ownership of rights in content hosted by Beyond Hosting, LLC and in Beyond Hosting, LLC's sole judgment, there is not certainty as to the ownership of rights in said content 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 Ohio, file an interpleader action in a court of competent jurisdiction within the State of Ohio 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 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 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.
- Beyond Hosting, LLC is commited to our Subscribers' privacy as 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 Subscribers' 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.
- When Subscriber orders from Beyond Hosting, LLC, transmissions of personal data 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.
- With the exception of trusted business affiliates and 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, Rapid SSL, or other SSL provider. (SSL certificate 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.
Copyright Infringement Notice Information
Beyond Hosting, LLC, respects the intellectual property of others under the Digital Millennium Copyright Act, 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:
- 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.
- 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;
- Your address, telephone number, and email address;
- A description of where the material that you claim is infringing is located on the site;
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- The uses of Beyond Hosting, LLC Services set forth in this section and 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 suspension or termination without notice.
- 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. All email sent from Beyond Hosting, LLCs Services must comply with the Federal CAN-SPAM Act.
- 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 or profane subject matter in the domain name are prohibited.
- 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).
- 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.
- 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.
- 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" 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.
- 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.
- 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.
- 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.
- 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.
- Use of the Services to store, post, transmit, display or otherwise make available obscene, defamatory, harassing, abusive or threatening language is prohibited.
- 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.
- Legal adult content is allowed on Beyond Hosting, LLC's servers and network. All content must adhere to our Terms of Service and all applicable US laws. Beyond Hosting, LLC 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.
- 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.
- 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 Services, 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.
- 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.
- 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.
- 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.
Service Specific Policies.
"Unlimited" usage policy.
- What "Unlimited" means. Beyond Hosting, LLC does not set an arbitrary limit or cap on the amount of resources a single Subscriber can use when subscribing to the Unlimited Hosting Service. 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.
- 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.
- 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.
- 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.
The agent for notice of claims of copyright or other intellectual property infringement can be contacted by CERTIFIED mail and email at:
Beyond Hosting, LLC
Attn: Abuse Department
9958 Crescent Park Drive,
West Chester, Ohio 45069
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.