"MySmallBiz Web Hosting Terms Of Service."
1.) Account Setup
We will setup your account after we have received payment and we and/or our
payment partner(s) have screened the order(s) in case of fraud. It is your
responsibility to provide us with an email address which is not @ the domain(s)
you are signing up under.
2.) Content
All services provided by us may only be used for lawful purposes. This includes,
but not limited to: copyrighted material, material we judge to be threatening or
obscene, pornography.
Examples of unacceptable material:
- IRC Bots
- Warez Sites
- Pirated Software
- Hate sites
- Hack programs and archives
3.) Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail, bulk
emailing, and spam. "Safe lists" and "double optin" will be treated as spam. Any
user who sends out spam will have their account terminated without notice.
We reserve the right to require changes or disable as necessary any web site,
account, database, or other component that does not comply with this policy, at
its sole discretion. We also reserves the right to make any such modifications
in an emergency at our sole discretion.
We reserve the right to charge the holder of the account used to send any
unsolicited e-mail a clean up fee. This cost of the clean up fee is left
entirely to the discretion of MySmallBizWebHosting.com. All rights reserved.
4.) Payment Information
You agree to supply appropriate payment for the services received from us, in
advance of the time period during which such services are provided. You agree
that until and unless you notify MySmallBizWebHosting.com of your desire to
cancel any or all services received, those services will be billed on a
recurring basis. Cancellations must be done in writing via the cancellation
form. Once we receive your cancellation and have confirmed all necessary
information with you via e-mail, we will inform you that your account has been
canceled. At this time, your account with us has been canceled. If you do not
hear back from us or receive an e-mail confirming this cancellation, please
contact us immediately.
As a client of MySmallbizWebHosting, it is your responsibility to ensure that
your payment information is up to date, and that all invoices are paid on time.
MySmallBizWebHosting provides a 10 day grace period from the time the invoice is
due and when it must be paid. Any invoice that is overdue for 10 days and not
paid will result in a $10 late fee and/or an account suspension until account
balance has been paid in full.
Invoices that have been paid more than once with multiple Paypal
Subscriptions can only be added as credit towards the account and cannot be
refunded via Paypal. If you require assistance with this provision, please
contact support.
We reserve the right to change the monthly payment amount and any other
charges at anytime.
5.) Backups and Data Loss
Your use of the service is at your sole risk. We are not responsible for files
and data residing on your account. You agree to take full responsibility for
files and data transferred and to maintain all appropriate backup of files and
data stored on our servers.
6.) Cancellation and Refunds
We reserve the right to cancel the account at any time.
Customers may cancel at any time. We give you an unconditional 30 day money
back guarantee on hosting. There are no refunds on dedicated servers,
administrative fees, install fees for custom software, or domain name purchases.
Only first-time accounts are eligible for a refund. For example, if you've
had an account with us before, cancel and signed up again, you will not be
eligible for a refund or if you have opened a second account with us.
7.) Resource Usage
Users may not initiate the following:
- a) Use 25% or more of system resources for longer then 90 seconds. There
are numerous activities that could cause such problems; these include: CGI
scripts, FTP, PHP, HTTP, etc.
- b) Run any type of interactive real-time chat applications that require
server resources. Remotely-hosted services are fully allowed.
- c) Run stand-alone, unattended server-side processes at any point in
time on the server. This includes any and all daemons, such as IRCD.
- d) Run any software that interfaces with an IRC (Internet Relay Chat)
network.
- e) Run any gaming servers such as counter-strike, half-life,
battlefield1492, etc
8.) Bandwidth Usage
You are allocated a monthly bandwidth allowance. This allowance varies depending
on the hosting package you purchase. Should your account pass the allocated
amount we reserve the right to suspend the account until the start of the next
allocation, suspend the account until more bandwidth is purchased at an
additional fee, suspend the account until you upgrade to a higher level of
package, terminate the account and/or charge you an additional fee for the
overages. Unused transfer in one month cannot be carried over to the next month.
9.) Money back Guarantee
On dedicated servers, and colocation no full refund will be honored, the 30 day
money back guarantee does not apply. We reserve the right to refund a prorated
amount or no refund at all.
10.) Price Change
The amount you pay for hosting will never increase from the date of purchase. We
reserve the right to change prices listed on our site, and the right to increase
the amount of resources given to plans at any time.
11.) Indemnification
Customer agrees that it shall defend, indemnify, save and hold us harmless from
any and all demands, liabilities, losses, costs and claims, including reasonable
attorney's fees asserted against us, its agents, its customers, officers and
employees, that may arise or result from any service provided or performed or
agreed to be performed or any product sold by customer, its agents, employees or
assigns. Customer agrees to defend, indemnify and hold harmless any liabilities
arising out of; (1) any injury to person or property caused by any products sold
or otherwise distributed in connection with us; (2) any material supplied by
customer infringing or allegedly infringing on the proprietary rights of a third
party; (3) copyright infringement and (4) any defective products sold to
customers from MySmallBizWebHosting.com's server.
12.) Disclaimer
We will not be responsible for any damages your business may suffer. We make no
warranties of any kind, expressed or implied for services we provide. We
disclaims any warranty or merchantability or fitness for a particular purpose.
This includes loss of data resulting from delays, no deliveries, wrong delivery,
and any and all service interruptions caused by us and our employees.
13.) Changes to the TOS
We reserve the right to revise its policies at any time without notice.
Contacting MySmallBiz: If you have questions about this privacy statement, the practices of this site
or your dealings with this web site, you may contact:
MySmallBiz University 154 Burnetts Grove Circle Ottawa ON K2J 1S9 Phone: (877) 626-9249
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