 Biz.tc Web Hosting : Terms of Service Agreement
Biz.tc has a zero tolerance policy for spam, pornography,
and warez. This Terms of Service Agreement explicitly states the terms and
conditions governing the use of the services, including technology and content,
of Biz.tc and/or Mega Web Services, Inc., a United Online Company. (collectively the PROVIDER). By
clicking the "submit" button at the bottom of the registration page, you (the
USER) accept these terms and conditions and acknowledge that your use of the
PROVIDER's services is subject to certain limitations set forth below. If you
do not accept this agreement, do not proceed with the sign-up process.
The PROVIDER reserves the right to amend or change the Terms of Service Agreement
at any time without prior notice, provided that the current Terms of Service
Agreement is made available to the USER through the PROVIDER's Web site, and
that the USER can terminate the USER's obligations under this agreement by
deleting the USER's account with the PROVIDER.
This agreement incorporates the PROVIDER's Privacy Policy as part of its
terms. If the USER elects to subscribe to any paid services, the PROVIDER's
Billing Policy is also incorporated in this agreement.
- Services
The PROVIDER provides users like the USER with various tools and services
related to the Internet. Functionalities and features may include, but are
not limited to: Web site hosting and related tools; communications tools,
such as e-mail or instant messaging; online payment processing and other
commerce capabilities; Web site promotion and enhancement features; and
statistical reporting tools specific to the USER's Web site or other services.
The PROVIDER reserves the right to delete or modify tools, features, services,
fees, conditions of service and the terms of this Agreement at any time.
When possible, the PROVIDER will give the USER thirty (30) days' notice
for such changes. The PROVIDER will announce changes in a newsletter or
by e-mailing the address provided by the USER.
The USER expressly assumes all risk for use of the PROVIDER's services,
technology, or content.
- Termination
This agreement is effective when the USER clicks the "Submit" button
and continues until the USER or the PROVIDER terminates it as follows:
Termination by the PROVIDER. At any time and without notice, the PROVIDER
may delete the USER's site or files or discontinue service in whole
or in part for any breach of this Agreement by the USER or (i) if necessary
for security reasons, (ii) for continued operation of the PROVIDER's
service, (iii) to comply with applicable laws or regulations, (iii)
in the case of commercial services and tools, if a the USER is not engaged
in a legitimate business (as determined by the PROVIDER in its sole
discretion), (iv) if the PROVIDER receives notices that the USER's use
of the PROVIDER's services violate any third-party right, (v) if the
USER's credit card expires or the USER fails to make payments or (vi)
for any other reason. If the PROVIDER terminates this Agreement, the
USER will remain liable for the full monthly charge for the month during
which service is terminated. If the PROVIDER terminates this Agreement,
the USER agrees not to sign up for or use the PROVIDER's services again
without the PROVIDER's prior written approval.
Termination by the USER. The USER may terminate this agreement at any
time and for any reason by going to the following URL:
http://www.biz.tc/delete.php.
The USER will be liable for the full monthly charge for the month during
which the USER terminated the Agreement and for all usage-based fees
through the termination date of this Agreement.
- Advertising Issues
The PROVIDER may provide free or reduced-cost services, tools and features
through the sponsorship of advertisers. As a result, the PROVIDER asks
that the USER support the advertisers and their advertising. The PROVIDER
requires all advertising to be suitable for general audiences and makes
every effort to provide advertising relevant to the USER. The PROVIDER
reserves the right to serve ads according to its discretion. Any attempt
to modify, obfuscate, undermine or avoid the display of the advertising
is considered a violation of this Agreement and the USER's account will
be subject to immediate termination. The PROVIDER may provide upgraded
services, tools and features that, in exchange for payment, reduce or
eliminate the advertising.
In the case of advertising-supported Web site hosting offered through
the PROVIDER, the USER may not display other forms of paid or exchange
advertising on the site, other than through those programs and incentives
offered by the PROVIDER and its partners, nor may the PROVIDER site
be used solely as an entry to a non-PROVIDER site.
A USER of the PROVIDER's free services agrees to allow the PROVIDER
to send newsletters and special offers to the USER via e-mail. To unsubscribe
from the mailings, a USER may be required to delete the USER's account.
- FTP Usage
FTP access, if offered, is provided for the purposes of uploading content,
maintaining content, and downloading content for backup purposes only.
It is not to be used for the distribution of files. FTP usage for "webcam"
purposes is not to exceed uploading once every 30 seconds.
The PROVIDER reserves the right to revoke or restrict any FTP access
and/or remove any web site for improper or excessive FTP usage.
- Use of Bandwidth, Server Disk Space, and Other Resources
The PROVIDER may place limits the amount of bandwidth, server disk
space, and other system resources used by the USER for various services,
and may halt or limit services if the USER's account exceeds such limits.
The PROVIDER may allow paid upgrades to increase such limits. The PROVIDER
may delete the USER's account after 60 days if there is no activity
on the account, in order to free unused resources.
- Restrictions and Prohibitions on Content and Use of Services and Technologies
The PROVIDER may terminate USER accounts and delete USER's files at any
time, without notice, for conduct that violates these guidelines or for
any other reason. The USER agrees not to do or participate in any of the
following nonexclusive list of UNACCEPTABLE content and behaviors on the
PROVIDER:
- Content that includes or contains links to nudity, pornography, foul
language, or material that is obscene, lewd, lascivious, excessively
violent, or otherwise objectionable.
- Content that condones, promotes, contains, or links to warez, cracks,
hacks, viruses, worms, harmful code, Trojan horses and/or their associated
utilities, or other piracy-related information, whether for educational
purposes or not.
- Content that has been promoted through the sending of unsolicited
email (spamming) or mail fraud schemes, or pages that promote or condone
the sending of unsolicited email. Those who use the PROVIDER's resources,
including e-mail addresses, for spam are also subject to prosecution
to the fullest extent of the law.
- Content that commits acts of copyright, trademark, patent, tradename,
trade secret or other intellectual property infringement or violates
any other third party right.
- Content that is racist, or otherwise offensive to the PROVIDER network
and community, including content which aggravates, harasses, threatens,
defames or abuses others, such as bigotry, prejudice, racism or hatred,
and promotion, assistance, or information of any type related to violence
against governments, groups, organizations, or individuals.
- Storage of log files or non-HTML content, unless a PROVIDER service,
tool or feature is expressly provided for such purposes.
- Password-only, hidden, or restricted access pages, unless a PROVIDER
service, tool or feature is expressly provided for such purposes.
- Content that exploits children under 18 years of age.
- Content that holds the PROVIDER up to public scorn or ridicule.
- Content that contains, links to, or participates in pyramid schemes,
gambling, raffles, lotteries, and so forth.
- Content that posts or discloses personal identification information
or private information of individuals under the age of 13 or in connection
with materials directed toward individuals under the age of 13 without
verifiable parental consent.
- Content that provides, sells, or offers to sell the following: controlled
substances, illegal drugs and drug contraband, alcohol, weapons, pirated
materials, pornography or sexual products, programs to attack others,
illegal goods, escort services, instructions on making, assembling,
or obtaining illegal goods or weapons, information used to break copyright
or trademark violations, to destroy others' property, or to illegally
harm any people or animals.
- Content that takes part in, or allows any third party to take part
in, the following: reverse engineering, reverse compiling or otherwise
deriving the underlying source code or structure or sequence of the
Technology; altering
copyright notices and attributes (unless permitted in writing by the
author/owner); and such practices.
To
report violations of the above restrictions, please visit
http://www.biz.tc/report_abuse.php
The
PROVIDER does not actively monitor the content of USER sites, but will investigate
complaints of a violation of third-party rights, including copyright and other
intellectual property rights.
- Indemnification, Disclaimers, Warranties
The PROVIDER warrants that if a USER is dissatisfied with the PROVIDER's
service, technology, or content, upon notice from the USER, the PROVIDER
will terminate the Agreement and, upon the USER's request, will refund
unused portions of any fees paid for future months and services, less
balances due to the PROVIDER. For more information, see 1.b. above.
The USER agrees to indemnify the PROVIDER and its partners, parent, subsidiaries,
affiliates, directors, officers, employees, agents and representatives
against any and all liabilities, claims, cost, and expenses, including
attorneys' fees, arising from the USER's use of the PROVIDER services.
This expressly includes the USER's responsibility for any and all liability
arising from the violation or infringement of proprietary rights or copyrights
and any libelous or unlawful material contained within the USER's files,
messages, or other communications.
- Content
The PROVIDER shall not be held responsible for the content of Web
pages, e-mail messages, or any other files or communications created,
transmitted, or maintained by the USER using any PROVIDER service,
tool or feature.
The opinions and views expressed by any USER do not reflect those
of the PROVIDER or its partners, parent, affiliates or subsidiaries
and the PROVIDER does not review site pages, messages, or any other
files or communications for content before they are posted. The PROVIDER
does not verify, endorse or otherwise take responsibility for the
content of any USER site pages, messages, or any other files or communications.
The USER is solely responsible for all contents of all site pages,
messages, or any other files or communications the USER controls through
any services, tools or features provided by the PROVIDER, and can
be held legally liable for those contents.
Neither the PROVIDER nor its partners, parent, affiliates or subsidiaries
make any guarantee as to the accuracy, correctness or completeness
of any information disseminated by the USER and are not responsible
for any errors or omissions arising from the use of such information;
any failures, delays, or interruptions in the delivery of any content
or services contained on 6community.name^ servers; or losses or damages
arising from the use of the content or services provided by the PROVIDER.
The PROVIDER may link to, or include on its Web site, resources and
information provided by third parties. Neither the PROVIDER nor its
partners, parent, affiliates or subsidiaries make any guarantee as
to the reliability of this information, nor does the inclusion of
this information imply a recommendation of these services.
- Services and Reliability
The PROVIDER provides Internet-related services but makes no implied
or express warranties about the reliability those services.
The PROVIDER is not responsible for any deletion, alteration or loss
of data due to network or system outages, file corruption, accidental
deletion or any other reason.
The PROVIDER makes no guarantees about server reliability, speed,
or consistency and shall not be held liable for such.
The USER is responsible for regularly monitoring and creating backups
of the USER's own files and agrees to use the PROVIDER's resources
and infrastructure at the USER's own risk.
Neither the PROVIDER nor its partners, parent, affiliates or subsidiaries
make any warranty with respect to any content, information, services
or products provided through or in conjunction with the PROVIDER's
services.
The PROVIDER is also not liable to the USER or any third party for
any damage, direct or incidental, that could occur as the USER uses
the PROVIDER's services.
The PROVIDER is not responsible for the delivery or quality of any
goods or services sold or advertised through the PROVIDER network
of web sites, its affiliates or through the USER sites.
The PROVIDER does not guarantee that its security procedures will
prevent the loss of, alteration of, or improper access to the USER's
information. For more information, read the PROVIDER Privacy Policy.
- Liabilities
The USER is solely responsible for the conduct of the USER's business
and all other matters under the USER's control. IN NO EVENT SHALL THE
PROVIDER, ITS PARENT, SUBSIDIARIES, AFFILIATES, CONTRACTORS, SERVICE PROVIDERS,
EMPLOYEES, AGENTS, REPRESENTATIVES OR LICENSORS, OR ANY OTHER PARTY INVOLVED
IN PRODUCING, CREATING OR DELIVERING THE PROVIDER'S SERVICE, TECHNOLOGY
OR CONTENT, BE LIABLE TO THE USER IN ANY MANNER WHATSOEVER FOR LOSS OF
OR INACCURACY OF DATA, GOODS, REVENUES, PROFITS, SERVICES, OR TECHNOLOGY
OR FOR ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SIMILAR
DAMAGES, EVEN IF THE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. THE USER HEREBY WAIVES ANY AND ALL CLAIMS AGAINST THE PROVIDER
AND ITS PARENT, SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES
AND LICENSORS ARISING OUT OF THE USER'S USE OF THE PROVIDER SERVICE.
The PROVIDER and its parent, subsidiaries and affiliates shall not be
liable for any damages that result from the USER's failure to perform
the USER's responsibilities in connection with this Agreement or that
result from any cause beyond the PROVIDER's control.
The aggregate liability of the PROVIDER and its parent, subsidiaries
and affiliates arising from this Agreement for any action or claim is
limited to any amounts the USER has paid to the PROVIDER during the term
of this Agreement.
In jurisdictions not allowing the limitation or exclusion of liability
for incidental or consequential damages, the PROVIDER's liability shall
be limited to the extent permitted by law.
- The PROVIDER's Rights
- USER Files and Accounts
The PROVIDER reserves the right to delete USER files and accounts
that breach this Agreement at any time. The PROVIDER and its parent,
subsidiaries and affiliates shall not be liable for any foreseeable,
unforeseeable, direct, or indirect consequence of such deletion. The
PROVIDER reserves the right to communicate with the USER at any
time in the event that important messages need to be communicated.
- Proprietary Rights
The PROVIDER retains all proprietary rights, including, but not limited
to, services, technology, all content, text, design, graphics, sound,
and so forth on its Web sites. The USER acknowledges that all content
and technology available on the PROVIDER sites is protected by U.S.
and international copyrights, trademarks, service marks, patents,
or any other proprietary rights and laws and that the USER is permitted
to use content and technology and its compilation, collection, selection,
arrangement, assembly, and coordination only as expressly authorized
by the PROVIDER. The USER agrees not to copy, reproduce, or create
derivative works of the services, technology, content, text, design,
graphics and other features of the PROVIDER sites.
The PROVIDER claims no proprietary rights or intellectual property
rights in USER's content, including, but not limited to, text, software,
music, sound, photographs, video, and graphics supplied by the USER
for use in conjunction with the PROVIDER services.
- Trademarks and Servicemarks
The PROVIDER's graphics, logos, and service names used to identify
the PROVIDER's products or services are the trademarks of the PROVIDER.
The USER agrees not to use the PROVIDER trademarks in connection with
the USER's, or any third party's, products or services in a way that
discredits or ridicules the PROVIDER or infringes upon the PROVIDER's
intellectual property rights. All other brands and names used on the
PROVIDER are the property of their respective owners.
- Traffic Statistics
The PROVIDER reserves the right to include traffic generated by all
Web sites it hosts in its overall accounting of page views, unique
users and other usage measures. This includes providing Web traffic
measurement companies with all URLs hosted by the PROVIDER for use
in projecting the PROVIDER's overall traffic.
- Closing Agreements
This Acceptable Use Policy and any disputes arising out of or related
to the Service and the PROVIDER Sites shall be governed by, and construed
and enforced in accordance with, the laws of the State of New York.
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