Shared Hosting Service Terms and Conditions
HostBpInc Hosting 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 web hosting 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 web presence using
HostBpInc's web hosting services and network.
3. CUSTOMER CONDUCT
CUSTOMER is solely responsible for the web site
content hosting 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 send bulk e-mails from HostBpInc's network
or bounce e-mails to HostBpInc's network. If you want
to send bulk emails from our server, contact us for
special arrangement.
(5) Not to conduct any SCAM, Phishing, Child porn,
Hatred, Racism, Politics, or illegal content.
(6) No sub-sites, no sub-leasing, no sharing under
one hosting account.
(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 Hosting 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 hosting
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. Hosting 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.
13. LAWS
This TOS shall be governed by the laws of the State
of California, and in the event of a dispute,
CUSTOMER agrees to submit to the jurisdiction of the
state and federal courts located in Orange County,
California.
Copyright © 2007-2020 HostBpInc All rights reserved.