1.1 Byzhosting Networks' policy is to act as a neutral provider
of access to the global Internet. We reserve the right to
suspend or cancel a customer's access to any or all services
provided by us if the account is inappropriately used. All
services are intended for end user only and may not be sold
or given to third parties.
1.2 Byzhosting Networks is a web presence provider allowing
Client's web site to be reachable via Client's domain name
(i.e. theirname.com), or by anyone with access to a web browser
connected to the Internet. Byzhosting Networks provides the
disk space in which the files composing Client's web site
reside and a connection capable of transmitting said files
to End User.
2.1 Please read the following Terms of Service, AUP and SLA
agreement before proceeding. By ordering any package, you
agree to all the policies listed. If you do not agree with
these policies, you cannot order. These policies are to protect
the best interest of our customers as a whole.
2.2 Byzhosting Networks handles the registration process
for Client's requested domain name. Client agrees to pay Byzhosting
Networks for the domain charges for the amount stated in the
3.0 Charges Agreement
3 .1 Client understands that each purchase will appear in
credit card statement under the name of 2Checkout.com Inc.
and that should client encounter any problem with the billing
or order client should contact Byzhosting Networks billing
department first then 2Checkout.com Inc.
3.2 Byzhosting Networks accepts payment via credit card and paypal. No credit card details are
ever stored at Byzhosting Networks. Should client uses more
than specified resources; such as web space, data transfer,
sub domain, ftp account, mailing list, pop account, mySQL
Database; client agrees to pay the bill sent by Byzhosting
Networks for the amount listed at Byzhosting Networks.
3.2.1 If 2checkout/credit card is selected as payment option then the following
2CO is an authorized retailer for goods and services provided by Byzhosting Networks.
3.3 Byzhosting Networks reserves the right to refuse, suspend,
or cancel service pending Byzhosting Networks' receipt of
valid credit card information from Client. Client agrees to
notify Byzhosting Networks of any changes to Client's credit
3.4 All payment to Byzhosting Networks are non-refundable
this includes one time setup fees and other subsequent charges
regardless of usage. If a dispute has been issued by client's
credit card company, in Byzhosting Networks and/or 2Checkout
sole discretion is a valid charge under the provisions of
the TOS and/or AUP, you agree to pay Byzhosting Networks an
administration fees of not less than $75 and not more than
3.5 On account of credit card declination, Byzhosting Networks
will resume to charge the credit card again the next day.
Service interruption will occur on accounts that reached 5
days past due. Service interrupted are subject to $50 reconnection
fees. Payments that are not collectable by Byzhosting Networks
will be turned over to collection agencies and clients agrees
to pay the agency any fees incurred.
3.6 Client agrees to complete the payment for any custom
support job provided for non managed dedicated service.
3.7 CLIENT may cancel account with Byzhosting Networks and
be removed from billing, thereby stopping all future charges.
Should Client decide to cancel the account, notice should
be made 10 days before the account is due. Should Client fail
to make an advance notice; Byzhosting Networks reserves the
right to charge the client for the next payment.
4.1 Client agrees that he/she will defend, indemnify, and
hold harmless Byzhosting Networks from any and all demands,
fines, liabilities, losses, costs, claims, and expenses, including
attorney's fees, asserted against Byzhosting Networks, its
employees, officers, agents, and directors that may arise
or result from any service provided or performed, or agreed
to be performed, or any product sold by Client, its employees,
officers, agents, and directors.
4.2 Byzhosting Networks assumes no liability of the Client
for failure to follow this Agreement and any results caused
by the acts, omissions or negligence of the Client, subcontractor
or an agent of Client or an employee of any one to them, including,
but not limited to, claims of third parties arising out of
or resulting from or in connection with the Client's products,
messages, programs, caller contracts, promotions, advertising,
infringement or any claim for libel or slander or for violation
of copyright, trademark or other intellectual property rights.
5.1 Byzhosting Networks will not be held responsible for any
damages you or your business may suffer.
5.2 Byzhosting Networks makes no warranties of any kind,
expressed or implied, for services rendered.
5.3 Byzhosting Networks disclaims any warranty, merchantability,
or fitness for a particular purpose.
5.4 Byzhosting Networks assumes no liability for disruptions
or improper operation of its equipment or software for any
reason, including, but not limited to, vandalism, theft, phone
service outages, Internet disruptions, human error, extreme
or severe weather conditions or any other causes in the nature
or force nature.
5.5 Byzhosting Networks will not be responsible for consequential
damages or punitive or exemplary damages under any circumstances.
In no case will Client be entitled to recover damages from
5.6 2CO is an authorized retailer for goods and services provided by Byzhosting Networks.
6.0 Policies Terms
6.1 The term of this Agreement will continue until a notice
of cancellation by Byzhosting Networks or Client is given,
or until terminated under other provisions of this Agreement.
Byzhosting Networks reserves the right to terminate this Agreement
without cause upon notification to the Client.
6.2 Byzhosting Networks may further terminate this Agreement
immediately without notice at any time the Client breaches
any part of this Agreement, or if any program or facility
used by Byzhosting Networks to implement this Agreement is
disrupted or terminated for any reason.
7.0 Presumption of Agreement
7.1 By signing up with Byzhosting Networks, be it using Byzhosting
Networks' online sign up form or contacting in any way an
employee, officer, agent, and director with request for Byzhosting
Networks to provide Client services, Client (1) agrees to
complete the payment form sent by Byzhosting Networks in order
to setup Client's account, and (2) agrees to each and every
provision set forth in this Agreement and shall hold to said
Agreement in the court of law.
8.1 In the event Client defaults in any provision or fails
to perform pursuant to this Agreement, Byzhosting Networks
will be entitled to damages, costs, and attorney's fees from
9.0 Invalid or Non-enforceable provisions
9.1 The invalidity or non-enforceability of any provision
of this Agreement, as so determined by a court of competent
jurisdiction, will not affect the other provisions hereof,
and in any such occasion this Agreement will be construed
in all respects as if such invalid or non-enforceable provision
were omitted. This agreement constitutes the entire agreement
between the parties hereto.
10.0 Choice of Law/Venue
10.1 This Agreement will be construed and enforced in accordance
with the laws of the State of DE and the venue for any action,
dispute or proceeding with respect to this Agreement will
11.1 The captions in this Agreement are for convenience only
and will not be used in interpreting, construing, performing
or enforcing this Agreement.
12.0 Amendments and Modifications
12.1 Byzhosting Networks may make amendments or modifications
to this Agreement at any time. Whenever practical, Byzhosting
Networks will notify Client of changes to this Agreement.
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