Web Hosting Terms of Service
All services provided by BizzyWeb are to be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or Local law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, material that jeopardizes national security, or material protected by trade secret or other laws. The subscriber agrees to indemnify and hold harmless BizzyWeb from any claims resulting from the subscriber’s use of BizzyWeb’s services which damages the subscriber or any other party.
Examples of prohibited content or links include (but are not limited to):
- IRC Software
- Pirated software
- Hacking sites, programs or archives
- Warez Sites
- Distribution of music files or any other material in which the account holder does not own the copyright.
BizzyWeb will be the sole arbiter as to what constitutes a violation of this provision. Content that does not meet these standards will be removed without prior notice to the subscriber.
Housing of any of the following files is considered a violation of the terms of service:
IRC – We currently do not allow IRC, Egg Drops, BNC, or IRC bots to be operated on our servers or network. Files with references to IRC or any likeness thereof are prohibited.
Proxies – We do not allow proxy servers of any kind, whether for personal or business use. Files with references to any proxy or likeness thereof are prohibited.
PortScanning – We do not allow any kind of port scanning to be done on or from our servers or network.
Included Technology and Support
BizzyWeb’s hosting services include the use of BizzyWeb-licensed software. If you terminate your hosting with BizzyWeb, you will need to cease using this software, or purchase your own licenses as required.
- Genesis Framework: (you can avoid needing to purchase a license if you keep “designed by BizzyWeb” at the bottom of your site)
- Gravity Forms: this collects all your contact requests. (There are free versions, see gravityforms.com for details)
- WPMU DEV software: used for site backups, speed enhancements, user customization and other functions.
- Backup Buddy: Weekly backups of your entire site in case anything happens
- Monitoring Software: This is used by BizzyWeb to monitor for malware and malicious code, and also for us to easily maintain your website.
- Other software: Your account may include additional software licenses, which will be specified in your hosting contract or purchased/installed on client’s behalf as part of the development of your website, and documented via email or project management software. Any license purchased by BizzyWeb or owned by BizzyWeb via developer’s license does NOT transfer to your ownership and will need to be re-purchased by you if you move away from BizzyWeb’s hosting services. Only applies to software purchased by BizzyWeb via developer license and not otherwise purchased by client.
Commercial Advertising – Email
- Spamming, i.e. the sending of unsolicited email, from any BizzyWeb server or any server located on the BizzyWeb network is STRICTLY prohibited. BizzyWeb will be the sole arbiter as to what constitutes a violation of this provision. This also includes Opt-in Opt-out mail programs and mail that either directly or indirectly references a domain contained within an account at BizzyWeb.
- Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by BizzyWeb customers must be Closed-loop (“Confirmed Opt-in”). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing, selling, or utilizing lists of email addresses from third parties for mailing to or from any BizzyWeb-hosted domain, or referencing any BizzyWeb account, is prohibited.
- Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, text-bombing, unsolicited bulk text messaging or denial of service attacks is prohibited.
- Email address cultivating, or any unauthorized collecting of email addresses without prior notification of the email address owner is strictly prohibited.
- Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at spamhaus.org is prohibited.
- All commercial email marketing companies must adhere to the Controlling the Assault of Non-Solicited Pornography And Marketing (CAN-SPAM) Act of 2003. In addition such companies are prohibited the sending of bulk mail from “disposable domain names” with whois privacy protection.
Advertising & Promotions Limitations
In the following scenarios BizzyWeb clients are prohibited from advertising, promoting or making claims related to services which are hosted upon infrastructure owned or leased by BizzyWeb. This limitation includes what is allowed to be stated on your website, to customers, in promotions and in advertising materials. This limitation applies to claims by the client relating to services hosted by BizzyWeb.
- Claims related to DDOS Mitigation or any related service including, but not limited to, proxy protection, denial of service protection, denial of service mitigation or DDOS or DOS services.
- Any illegal or unlawful activity.
- Any services intended to defraud, scam, defame, coerce or entice others into an unlawful activities.
Server Abuse – Any attempts to undermine or cause harm to a BizzyWeb server or subscriber of BizzyWeb is strictly prohibited including, but not limited to:
- Logging into a server or account that you are not authorized to access
- Accessing data or taking any action to obtain services not intended for you or your use
- Attempting to probe, scan or test the vulnerability of any system, subsystem or network
- Tampering, hacking, modifying, or otherwise corrupting or breaching security or authentication measures without proper authorization
- Transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computer’s functionality or the operation of the System
- Interfering with, intercepting or expropriating any system, data or information
- Interfering with service to any user, host or network including, without limitation, by means of overloading, “flooding,” “mailbombing,” or “crashing” any computer system
You will be held responsible for all actions performed by your account whether it is done by you or by others.
All sub-networks of BizzyWeb and all dedicated servers must adhere to the above policies.
Password Security and Account Authorization
BizzyWeb provides customers flexibility over their own passwords, account access and authorization procedures. Customers are responsible for selecting the appropriate authentication procedures and selecting the proper information which will be used to authenticate the account. It is the responsibility of the customer to protect the information used to authenticate their account. Account access, password security and server security are the responsibility of the customer. BizzyWeb will not be liable for any damages, direct or indirect, that result from unauthorized account access, password compromise or hacking.
BizzyWeb Support includes access to technical support provided via phone or email. BizzyWeb offers Support ranging from Fully Managed to Self Managed. Details and support requests may be made at http://bizzyweb.com/support.
BizzyWeb’s technical support is strictly limited to the direct customer of BizzyWeb and not to in-direct client. For example, a client of the BizzyWeb Customer is not entitled to Support from BizzyWeb and should at no time be given Account Access, Passwords, or Passphrases for BizzyWeb’s Support. It is the obligation of the BizzyWeb customer to ensure compliance with this policy.
Best Effort Support
BizzyWeb will, when possible as a courtesy to its customers, provide Best Effort support on products, applications and third party software that is not explicitly covered under the customer’s management contract. Best Effort support means that when possible BizzyWeb technicians will provide their best effort to help support our customers. Best Effort Support is not guaranteed and may vary dramatically. No warranties or guarantees are provided on Best Effort Support.
BizzyWeb provides Bundled Bandwidth Packages for Internet Data Transfer
When purchasing a Bundled Bandwidth Package your outgoing bandwidth transfer will be used to calculate your bandwidth usage. Incoming data transfer will not be counted towards your bundled bandwidth usage. If your actual data transfer usage exceeds the amount of your bandwidth package you will be charged a bandwidth overage fee in addition to your Bundled Bandwidth Charge. The bandwidth overage fee will be specified in your contract.
Dedicated Server Support
Basic support and maintenance of dedicated servers is provided at the discretion of BizzyWeb. In the case of erroneous instances or support issues extending beyond what we determine to be within the realm of reasonable assistance, server support is priced at $95/hour. Development support, including coding or specific edits to the back-end code of your website, is billable at $155/hour.
Scheduled Maintenance and Downtime
BizzyWeb will use its commercially reasonable efforts to provide services 24 hours a day, seven days a week. Subscriber acknowledges that from time to time the services may be inaccessible or inoperable for various reasons, including periodic maintenance procedures or upgrades (“Scheduled Downtime”); or service malfunctions, and causes beyond BizzyWeb’s control or which are not reasonably foreseeable by BizzyWeb, including the interruption or failure of telecommunications or digital transmission links, hostile network attacks, or network congestion or other failures. BizzyWeb will provide at least 24 hours’ advance notice to the subscriber for Scheduled Downtimes, and will use commercially reasonable efforts to minimize any other disruption, inaccessibility and/or inoperability of its web servers. BizzyWeb has no responsibility for downtime resulting from a user’s actions. Also, the 99% network uptime guarantee does not apply for shared accounts.
Refunds will be posted for FULL months only, and only per the contract you select with BizzyWeb. Most BizzyWeb hosting services are offered on an annual basis, and early termination does not warrant nor will receive any pro-rated refunds. Notice of cancellation must be given 30 days before the month in question begins. Setup fee is NON-refundable.
Any violation of BizzyWeb’s Terms of Service Agreement shall result in no refund.
Account Setup, Termination, and Billing:
The account will be charged on the day the order is processed, regardless of the account billing date. The account will not be charged again until the next billing cycle. Billing dates are recurring on the day the account was opened.
Check Orders: Accounts for subscribers who wish to pay by check will be set up when the check is received by BizzyWeb.
Returned Check Fee and Credit Card Charge Backs A returned check penalty fee of $35 will be charged to any customer’s account for any check dishonored by their financial institution. This fee will be waived if the check was returned in error, provided that supporting documentation is submitted. The returned check and penalty fee must be paid immediately in order to guarantee that services will remain online and available. If a customer or anyone paying on the customer’s behalf has written two or more returned checks, check cashing privileges will be revoked. If a returned check was used to pay for more than one customer’s account, each account will be assessed the $35 returned check fee. Payments made by a returned check are reversed from the customer account, leaving the balance due and payable immediately. Outstanding balances are subject to the unpaid fees and delinquent accounts policy and may result in server suspension or account termination. If the account is terminated all information within the account will be deleted.
A credit card charge back fee of $50 will be charged to any customer’s account for any charge back received by their financial institution. The original charge amount and penalty fee must be paid immediately in order to guarantee that services will remain online and available. If a customer or anyone paying on the customer’s behalf has used a credit card to pay for services ending in 2 or more chargebacks, will result in credit card payment privileges being revoked (full payment will be due via money order or wire transfer). This fee will be waived and credit card payment privileges reinstated if the chargeback resulted in error, provided that supporting documentation is submitted. If a credit card was used to pay for more than one customer account resulting in multiple chargebacks, each account will be assessed the $50 fee. Chargebacks received are reversed from the customer’s account, leaving the balance due and payable immediately. Outstanding balances are subject to the unpaid fees and delinquent accounts policy and may result in server suspension or account termination. If the account is terminated all information within the account will be deleted.
EVENT OF DEFAULT BY CUSTOMER (Disabling of accounts due to overdue payment). If the CUSTOMER fails to pay an invoice within 20 days of the date of that invoice, BizzyWeb reserves the right to disconnect service without further warning. If services are disconnected for non-payment, customer must pay all past due charges up to the day of service disconnection in order to reconnect service. If your account has been disabled for non-payment, you may be charged a reconnection fee of up to $50 in order to re-enable your account.
BIZZYWEB’S REMEDY UPON DEFAULT; TERMINATION. In addition to all rights and remedies granted to BizzyWeb in this Terms of Service (including, but not limited to, the right to charge and collect Late Charges), upon the occurrence of an Event of Default, BizzyWeb shall have the right (a) to cease providing the Services to Customer without notice to Customer, (b) upon not less than one (1) business days written notice to Customer, to terminate the Hosting Services, all at Customer’s cost and expense. Upon such termination, Customer agrees to and shall immediately pay to BizzyWeb all Fees due and owing for Services provided through and including the effective date of termination.
Cancellation Procedure: Valid proof of account ownership will be required to terminate an account. This includes, but is not limited to, the billing password or an account passphrase created by customers. Non-secure information, such as the contact email address or account billing address, is not sufficient as security verification. The Annual agreement for services is automatically renewed each year in perpetuity subject to written cancellation via help desk ticket (bizzyweb.com/support). BizzyWeb is not able to schedule cancellation requests. Customer is responsible for any fees incurred for Services to customer if no formal cancellation request is submitted.
Courtesy Services for Customers
All services such as backup and Cpanel are provided for the courtesy of the subscriber. It is the sole responsibility of the subscriber to maintain the subscriber’s own backup of any data. BizzyWeb is not responsible for lost data or for lost data due to third party software that is not maintained by BizzyWeb programming staff. (Cpanel is not associated with BizzyWeb.)
BizzyWeb may refer to You, Your company, or your logos for promotional purposes. Your company name, logos and the services that were provided to the customer by BizzyWeb may be used in promotional materials, advertising, marketing releases, newsletter, public disclosures and on the BizzyWeb website. This reference will be strictly limited to disclosure that BizzyWeb has provided services to the company and will not contain any confidential, sensitive or proprietary information in such a reference. The reference will also not provide any personally identifiable information about the individual or technical information regarding the server configuration and design used by the customer at BizzyWeb. However, BizzyWeb may disclose any information requested by law enforcement or when compelled by court order, applicable laws or regulations.
Any work or professional services performed or provided by BizzyWeb under this Agreement shall not be deemed Work For Hire, but BizzyWeb shall grant a non-exclusive, non-transferable license to You, for the duration of this Agreement, its employees, affiliates, and third parties commissioned by BizzyWeb.
Microsoft Software License Policy
Microsoft, as well as BizzyWeb company policy, does not allow mixing of Microsoft license ownership. For an example, a customer cannot use a BizzyWeb purchased Windows Server license in conjunction with their own customer license of MSSQL or any other Microsoft Product. This is a violation of Microsoft’s licensing policies. The customer would have to obtain all Microsoft licenses through BizzyWeb. In some instances, we can allow the customer to supply all Microsoft licensed products, including the OS. However, all licenses must be provided by the customer and may not be mixed with BizzyWeb licensed Microsoft products. Any questions regarding this policy can be addressed to [email protected].
Limitation of Damages or Liability
EXCEPT AS DESCRIBED IN THE SLA, BIZZYWEB SHALL NOT BE LIABLE TO CUSTOMER FOR HARM CAUSED BY OR RELATED TO CUSTOMER’S SERVICES OR INABILITY TO UTILIZE THE SERVICES UNLESS CAUSED BY WILLFUL MISCONDUCT. BIZZYWEB SHALL NOT BE LIABLE TO CUSTOMER FOR LOST PROFITS, INDIRECT, SPECIAL OR INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. NOTHWITHSTANDING ANYTHING ELSE IN THIS TERMS OR SERVICE AGREEMENT, THE MAXIMUM AGGREGATE LIABILITY OF BIZZYWEB AND ANY OF ITS EMPLOYEES, AGENTS OR AFFILIATES, UNDER ANY THEORY OF LAW SHOULD NOT EXCEED THE AMOUNT OF FEES IT HAS COLLECTED ON THE ACCOUNT. EXCEPT AS OTHERWISE PROVIDED IN THIS TERMS OF SERVICE AGREEMENT, BIZZYWEB PROVIDES ALL PRODUCTS AND SERVICES “AS IS”, WITHOUT WARRANTY OR ANY KIND, WHETHER EXPRESS, OR IMPLIED AND DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OF FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE, AND SUITABILITY OF ANY PRODUCT AND SERVICE AND BIZZYWEB SHALL HAVE NO LIABILITY ASSOCIATED WITH THE FORGOING. CUSTOMERS ARE RESPONSIBLE FOR ENSURING SECURITY OF THEIR ACCOUNTS ON OUR SERVERS.
- Terms Of Service are subject to change without any prior notification.
- These Terms of Service are a legally binding contract between the subscriber and BizzyWeb.
- By opening an account, or by the use of any BizzyWeb service, the subscriber agrees to the above-stated terms.
- Anything not listed in the Terms of Service is open to interpretation and change by BizzyWeb administrators without prior notice.
- All prices are nonrefundable and nonnegotiable.
- Any violation of these Terms of Service will result in termination of the account. BizzyWeb maintains the right to terminate accounts without prior notification.
In the case that a customer is terminated for violating one or more of the BizzyWeb Terms of Service, BizzyWeb reserves the right to deny access to, and/or destroy, customer data stored on the offending server or account. BizzyWeb may at its own discretion allow access to a terminated account. If BizzyWeb agrees to provide access to an account which has been terminated due to a Terms of Service violation, the customer will be subject to a one-time charge of $500 or more to cover the cost of hard drives, cloning, processing and shipping.
Any dispute between BizzyWeb and a subscriber shall be determined by arbitration conducted by the American Arbitration Association pursuant to its commercial arbitration rules. The arbitrator shall decide any dispute in accordance with Minnesota law, without the application of choice of law principles. Each party shall bear its own expenses and legal fees for the arbitration. The arbitration shall be conducted in Hennepin County, Minnesota, unless both parties agree in writing to a different location. The arbitration award is enforceable as a judgment of any court having proper jurisdiction.
Customer agrees to indemnify and hold harmless BizzyWeb, its subsidiaries, their affiliates and each of their respective directors, officers, employees, shareholders and agents (each an “Indemnified Party”) against any losses, claims, damages, liabilities, penalties, actions, proceedings, judgments, or any and all costs thereof (collectively, “Losses”) to which an Indemnified Party may become subject and which Losses arise out of, or relate to the Agreement, Customer’s use of the Products and Services, breach of any confidentiality obligation or any alleged infringement of any trademark, copyright, patent or other intellectual property right.
We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
Last revision: 22 February 2018