Dedicated Hosting Server Terms and Conditions
HostBpInc Dedicated Hosting
Server Terms and Conditions
Welcome to HostBpInc,
HostBpInc provides its service to you, subject to the
following Terms of Service ("TOS"), which may be
updated by HostBpInc from time to time without notice
to you.
1. ACKNOWLEDGEMENT AND ACCEPTANCE OF TERMS OF
SERVICE (TOS)
This Service is provided to you ("CUSTOMER") under
the Terms and Conditions of this Terms of Service (TOS)
and any operating rules or policies that may be
published by HostBpInc. The TOS comprises the entire
agreement between CUSTOMER and HostBpInc and supersedes
all prior agreements between the parties regarding
the subject matter contained herein. BY COMPLETING
THE ONLINE ORDER FORM PROCESS YOU ARE INDICATING
YOUR AGREEMENT TO BE BOUND BY ALL OF THE Terms and
Conditions OF THE TOS.
2. SERVICE DESCRIPTION
HostBpInc provides Internet hosting, servers, and
associated services and maintains other equipment
and software which is integrated with the Internet.
These servers receive and transmit data and
information in relationship to the Internet.
CUSTOMER wishes to utilize the hardware and software
resources of HostBpInc to establish an Internet
presence using HostBpInc's hosting and server services
and network.
3. CUSTOMER CONDUCT
CUSTOMER is solely responsible for the server and
web site content through the Service. CUSTOMER's use
of the Service is subject to all applicable local,
state, national and international laws and
regulations.
CUSTOMER agrees:
(1) To comply with all Federal and State Laws.
(2) Not to use the Service for illegal purposes
(3) CUSTOMER is responsible to comply with the
Country or State law where CUSTOMER is sending bulk
emails to or conducting the business.
(4) Not to conduct any SCAM, Phishing, Child porn,
Hatred, Racism, Politics, or illegal content.
(5) For Dedicated Server GOLD - Maximum of 10 web
hosting sites under one server. CUSTOMER is
responsible for installing his own Control Panel
software, mailing software, all other softwares, and
website maintenance. HostBpInc is not responsible for
CUSTOMER's software support.
(6) For Dedicated Server DIAMOND - Maximum of 100
websites or sub-websites. CUSTOMER is responsible
for installing his own Control Panel software,
mailing software, all other softwares, and website
maintenance. HostBpInc is not responsible for
CUSTOMER's software support.
(7) CUSTOMER is responsible for backing up all
websites, databases, scripts, and all other
important files.
(8) Not to run scripts/programs that utilize heavy
machine resources, or overload CPU and other hard
wares, or run any activities that effect server
performance.
(9) If an account is terminated due to any violation
of TOS, CUSTOMER will receive no refund.
4. MODIFICATIONS TO SERVICE
HostBpInc reserves the right to modify or discontinue
the Service with or without notice to CUSTOMER.
HostBpInc shall not be liable to CUSTOMER or any third
party should HostBpInc exercise its right to modify or
discontinue the Service.
5. NO RESALE OF
SERVICE
CUSTOMER agrees not to reproduce, duplicate, copy,
sell, resell or exploit any portion of the Service,
use of the Service, or access to the Service without
the express written consent of HostBpInc.
6. DISCLAIMER OF WARRANTIES
CUSTOMER expressly agrees that use of the service is
at CUSTOMER's sole risk. The service is provided on
an "as is" and "as available" basis. HostBpInc
expressly disclaims all warranties of any kind,
whether express or implied, including, but not
limited to the implied warranties of
merchantability, fitness for a particular purpose,
and non-infringement. HostBpInc makes no warranty that
the service will meet CUSTOMER's requirements, or
that the service will be uninterrupted, timely,
secure, or error-free; nor does HostBpInc make any
warranty as to the results that may be obtained from
the use of the service or as to the accuracy or
reliability of any information obtained through the
service.
7. LIMITATION OF LIABILITY
HostBpInc shall not be liable for any direct, indirect,
incidental, special or consequential damages
resulting from the use or the inability to use the
service or for cost of procurement of substitute
goods and services or resulting from any goods or
services purchase or obtained or messages received
or transactions entered into through the service or
resulting from unauthorized access to or alteration
of CUSTOMER's transmissions or data, including but
not limited to, damages for loss of profits, use,
data or other intangibles, even if HostBpInc has been
advised of the possibility of such damages.
8. INDEMNIFICATION
The CUSTOMER shall indemnify and hold harmless
HostBpInc from any and all loss, cost, expense, and
damage on account of any and all manner of claims,
demands, actions, suits, proceedings, judgments,
costs and expenses that may be initiated against
HostBpInc and HostBpInc's officers, directors, and
employees for any service provided to CUSTOMER by
HostBpInc to include web space content that violates
any copyright, proprietary right of any person,
state and federal regulations, or contains any
matter that is libelous or scandalous.
9. TERMINATION
Either CUSTOMER or HostBpInc may terminate the Service
with or without cause at any time and effective
immediately. Termination shall be accompanied by a
written notice to HostBpInc. HostBpInc shall not be liable
to CUSTOMER or any third party for termination of
Service. Should CUSTOMER object to any Terms and
Conditions of the TOS or any subsequent
modifications thereto or become dissatisfied with
the Service in any way, CUSTOMER's only recourse is
to immediately:
(1) discontinue use of the Service;
(2) notify HostBpInc of termination, upon termination
of the Service.
10. NOTICE
All notices to a party shall be in writing and shall
be made either via e-mail or conventional mail.
HostBpInc may broadcast notices or messages through the
Service to inform CUSTOMER of changes to the TOS at
their choosing, but is not required to do so; HostBpInc
may broadcast changes to the Service, or other
matters of importance; such broadcasts shall
constitute notice to CUSTOMER.
11. PAYMENT
CUSTOMER understands and waives all rights to credit
card charge backs or any other payment charge back
in order to use the service. If CUSTOMER does do a
charge back on any method of payment, HostBpInc will
turn this matter over to our legal department for
full litigation. Any credit card fraud is turned
over to the California State police and federal
authorities for full investigation and prosecution;
NO EXCEPTIONS. It is the CUSTOMER's full
responsibility to keep a valid method of payment on
the CUSTOMER's account at all times. If in the event
a credit card comes back declined or NSF, HostBpInc
will charge a $25.00 NSF fee or declination fee,
without notice. The CUSTOMER account will be
suspended without notice, until all fees are paid in
full.
All dedicated server
services will be billed one (1) month in advance.
The CUSTOMER will continue to be billed 1 month in
advance up until the CUSTOMER cancels their server
account by notifying service@hostbpinc.com and
receive a cancellation code from HostBpInc. The
CUSTOMER is liable for all services rendered and
billed up until the time that the account is
cancelled. Dedicated Server charges are not
pro-rated when an account is cancelled. As long as
the cancellation is completed prior to the first day
of the next month cycle, the CUSTOMER will not be
billed beyond the current month.
12. SEVERABILITY
In the event that any term or provision of this TOS
is held by a court of competent jurisdiction to be
illegal, unenforceable or invalid in whole or in
part for any reason, the remaining provisions of
this TOS shall remain in full force and effect.
Copyright © 2007-2020 HostBpInc All rights reserved.