This policy represents BizBOOM!'s Terms of Service ("TOS") in its entirety and supersedes any other written or oral policy. This policy defines the terms of service all BizBOOM! customers agree to when they sign-up for any of the BizBOOM! web site hosting services, social media consulting/implementation servies and or website design services. BizBOOM! reserves the exclusive right to change, amend or revise any portion of this TOS policy at any time, with or without written notice to our customers.
Customers using any services offered by BizBOOM! agree to be obligated by, and must comply with, all policies in this TOS or must otherwise opt out of and cancel their web hosting, social media consultation/implementation services and/or web design services with BizBOOM!. BizBOOM! retains the sole discretion to make judgment regarding any violation by any BizBOOM! customer and may take action against any customer deemed to be in violation of these terms including the cancellation of any customer's services without refund and/or, if deemed appropriate, be legally prosecuted.
In consideration for BizBOOM! maintaining one or more accounts (each "Account"), you, as the BizBOOM! customer, agree to the following terms of service.
"We" "Us" or "Provider" or "BizBOOM!.", or "bizboom.net" refers to BizBOOM!. "You" "Your" "Client" "Customer" or "Member" - Each person or entity who applies for internet service, social media consulting/implementation or website design or is a designate of anyone who applies for such services.
Disclaimer of Warranty
The Internet, website hosting, website design and social media consulting/implementation relies on a complex network of hardware, software, network services and providers of information. Due to the need for an aggregate of all of these providers and service companies working properly not all services may be available to you at all times.
BizBOOM! however, offers a 99% uptime guarantee. This is valid for only the BizBOOM! servers and our primary co-location internet connection. BizBOOM! shall pursue partnerships with all tier-1 resources and channels available to maintain maximum uptime, however, BizBOOM! is not responsible for any down time caused by any provider's hardware or network malfunction which is outside of BizBOOM!'s capability to directly correct. BizBOOM! clients are diverse, and their web sites, and the function of those web sites, are diverse and BizBOOM! cannot be held responsible for any service interruption due to client's error, including but not limited to spamming, the target of a DDOS attack, or any other internet or cyber attack.
BizBOOM! MAKES NO EXPRESS OR IMPLIED WARRANTIES (INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE) WITH RESPECT TO THE SERVICES IT PROVIDES. Neither BizBOOM! nor any one else involved in the provision of Service is liable to you or any third-party for direct or indirect damages resulting from the use, non-use of services provided herein, whether or not such damages resulted from the negligence of BizBOOM!, even if BizBOOM! has been advised to the possibility of such damages. Limitation of Liability
IN NO EVENT SHALL BizBOOM! BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND DAMAGES RELATED TO CORRUPTION OR DELETION OF WEBSITE CONTENTS, EMAIL DATA AND OR DATABASE CONTENTS) ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE BizBOOM! SERVICES (INCLUDING, BUT NOT LIMITED TO, INOPERABILITY OF BizBOOM! SERVERS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF Stallion Online Services HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL BizBOOM! MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO BizBOOM! FOR THE SERVICES DURING THE PRIOR TWELVE (12) MONTHS. TO THE EXTENT APPLICABLE LOCAL LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, BizBOOM!'s LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW
You agree to indemnify, defend and hold BizBOOM! and its affiliates, directors, officers, employees and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, resulting from any third-party claim, action, dispute or demand related to your use of the Services, your violation of any of the provisions of this Agreement or from your placement or transmission of any materials or content onto BizBOOM! servers. Such liabilities may include, but are not limited to, those arising from the following: (a) with respect to your business, (i) infringement or misappropriation of any intellectual property rights; (ii) defamation, libel, slander, obscenity, pornography, or violation of the rights of privacy or publicity; or (iii) spamming, or any other offensive, harassing or illegal conduct or violation of the acceptable uses described herein or anti-spam policy; (b) any damage or destruction to BizBOOM! equipment or to any other accountholder, which damage is caused by or otherwise results from acts or omissions by you, your representative(s) or your designees; (c) any personal injury or property damage arising out of your activities related to the Services, unless such injury or property damage is caused solely by BizBOOM! gross negligence or willful misconduct; and (d) any other damage arising from your equipment or your business.
Choice of Law
This Agreement shall be interpreted under the laws of the State of California without regard to any conflict of laws provisions. Any action between the parties to this agreement for the breach of this agreement or any action or claim in any way relating thereto shall be venued in the Superior Court of the State of Californnia, County of Butte. The parties to this agreement hereby consent to jurisdiction in that court and agree to accept service by mail and hereby waive any defense of any kind related to jurisdiction or venue.
Services Provided by BizBOOM!
BizBOOM! will provide Internet server rental ("the Service") to its members for the express purpose of allowing customers to provide http Internet content to the general public. The Service allows BizBOOM! members to maintain Internet websites, receive and maintain e-mail accounts and access web space via FTP to upload files for their websites. BizBOOM! members will use the provided services in a manner consistent with any and all applicable laws. BizBOOM! provides the Services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such Services. BizBOOM! reserves the right to refuse service to potential and/or existing customers to protect its existing paying customers. If any of the below violations are committed, BizBOOM! can terminate client's account without notification.
BizBOOM! provides timely web site hosting support to our clients through emails and phone. By accepting your client contract agreement with bizboom.net you agree not to abuse, whether verbally or physically or whether in person, via email, live chat or telephone or otherwise (a) any other customer of BizBOOM! and any employee or contractor of BizBOOM!.
Client Content: Client agrees that web pages and files uploaded to servers will not violate any state, national or foreign laws or regulations; infringe on any intellectual property rights of BizBOOM! or any third party; be defamatory, slanderous or trade libellous; be threatening or harassing; be discriminatory based on gender, race, age; promote hate; or contain viruses or other computer programming defects which result in damage to BizBOOM! or any third party. Customers may not run IRC, bots or clients. Clients may not use BizBOOM! servers for file storage unrelated to the client's web site; storage space is for active web site file pages only. BizBOOM!' shared hosting account holders may not act as a reseller, which means that clients may not host any web sites in their addon domains that are not domains owned by the client on record at BizBOOM!. You will need to opt-in for our reseller hosting service. Unacceptable uses also include: Bulk unsolicited emailing, unsolicited e-mailings, newsgroup spamming, child pornography, hardcore pornography or links to such sites, copyrighted MP3, copyrighted music, copyrighted video, illegal content, copyright infringement, trademark infringement, warez, cracks, software serial numbers, proxy(ies) and image/file sharing web sites. BizBOOM! will be the sole and final arbiter as to what constitutes a violation of this policy. BizBOOM! does not normally monitor the contents of clients servers, however if suspicion occurs, BizBOOM! reserves the right to investigate and terminate the clients subscription to the service.
Disk Space and Bandwidth Features:We do set limits on the disk space and bandwidth (data transfer) that we provide in plans that are marked accordingly. We want you to have the resources available to you to build a great online presence. Even though we want you to succeed, we need to ensure that we're providing all of our customers with optimum service. As such we do require all of our customers to be fully compliant with our Excessive Resource User Policy/Terms of Service and utilize disk space and bandwidth related to normal operation of a personal or small business web site. If a customer's hosting account is found to have violated the client content, excessive resource user policy and/or is storing files for archiving purposes, the contents will be removed and while we make best effort to contact customers before hand, this can occur without notice.
Excessive Resource User Policy: Resources are defined as bandwidth, memory and/or processor utilization. BizBOOM! offers a shared web hosting service in which environment customers may share resources with other customers, therefore it is imperative that BizBOOM! control any excessive usage by customers so that they do not disrupt the service quality of other customers using the same resources. A website is considered using "Excessive amounts of resources" when it monopolies the resources available using 8% or more of system resources for longer than 60 seconds. There are numerous issues that could cause such problems, including but not limited to: cgi scripts, FTP, HTTP, etc. Any site that consumes over the account limit of bandwidth is also considered an "excessive resource" user. In the event of excessive resource usage BizBOOM! may act in the following manner: if the excessive usage may cause a disruption of service to any other customer, BizBOOM! may suspend that customer's account prior to notifying that customer, BizBOOM! may also contact the "excessive usage" customer prior to taking any action if BizBOOM! feels that the excessive usage will not interfere with the service of any other customer. Client suspensions prior to notification by BizBOOM! is rare and is only implemented in extreme circumstances and is intended to prevent the misuse of our servers. The client whom is using "excessive resources" may be asked to upgrade his/her package to one of our dedicated server packages to reduce their excessive usage utilization in the future. BizBOOM! will be the sole and final arbiter as to what constitutes a violation of this policy.
No "Spam": UCE/UBE or "Spam" originating from a server located on our network or associated with a BizBOOM! server is not tolerated. This includes any e-mail that promotes web sites hosted on a server located on the BizBOOM! network but is sent from an e-mail address not associated with that BizBOOM! account. Client shall not use their BizBOOM! services for chain letters, junk mail, bulk-email, or any use of distribution lists to any person who has not given specific permission to be included in such a process. BizBOOM! reserves the right to deactivate or terminate any account(s) upon any indication of such activity without notice.
Excessive Exploits: BizBOOM! allows 3rd party scripts to be uploaded/installed from our auto-installer or manually (those scripts that are/aren't included in the auto-installer) on your web hosting account. It is the responsibility of our web hosting clients to maintain the latest exploit free version of the scripts. If a script that our web hosting clients uploads to our servers is found to have security lapses and allows a third party to "hack", "exploit", "deface" their site(s) it is the responsibility of our clients to either remove that script or BizBOOM! reserves the right to terminate that clients' account and provide them with a prorated refund.
False Information: Customer agrees not to post false or inaccurate information to news groups in violation of the news groups rules and regulations. If any news groups or service provider contacts BizBOOM! concerning unethical, false or unlawful activities by you, BizBOOM! reserves the right to suspend or terminate your service with or without notice.
Licensed Software Only: Client agrees to use only properly licensed third party software in connection with Client's use of the Services.
Back-Up Files: BizBOOM! provides the tools needed to create back ups of account data. BizBOOM! also backs up its servers weekly and retains a copy for 7 days for disaster recovery purposes only. It is the responsibility of the customer to keep up-to-date archives of their backed up data. BizBOOM! does not provide or keep records or copies of our clients web site files for customer use and is not responsible for any loss of data.
Our transfers team will make every effort to help you move your site to us. However, transfers are provided as a courtesy service, and we can not make guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some or all account data. We will try our best, but in some cases we may be unable to assist you in a transfer of data from an old host.
The free transfer services are available for 30 days from your sign up date. Transfers outside of the 30 day free period will incur a charge; please contact a member of the transfers department with specific details to receive a price quote.
In the event that the client opts to leave our hosting service, it is the responsibility of the client and/or their new hosting provider to transfer the account, which includes, but is not limited to, website files, email accounts, and databases. If you would like to have BizBOOM! assist you with this, this service will incur a charge.
Payment, Renewal, Cancellations
Payment Obligations: Full payment is required in advance before hosting service is established. BizBOOM! sends out invoices that are due every pay period. You are given fifteen (15) days to fully pay the invoice. You warrant and represent that the information you supply in the Order Form (or other information that BizBOOM! may require) is accurate and truthful. All payment-due notices will be sent by e-mail. No bills or invoices will be sent by postal mail or fax. If payment was not received by the due-date, your account may be suspended. It is the client's responsibility to ensure that payment is made to BizBOOM! prior to the renewal date and although BizBOOM! sends renewal notices to our customers prior to their renewal date, because of the ability for a customer to change their contact email addresses without notifying BizBOOM!, the customer is ultimately responsible for remembering their renewal date and to make sure payment is made upon the renewal.
Renewals:It is the obligation of the BizBOOM! customer to know when their account comes up for renewal, and if their intention is to not renew their account they must fill out the BizBOOM! cancellation form 10 business days prior to their account's renewal date to ensure that BizBOOM! billing department receives the cancellation request well in advance of the renewal date so that they can stop any renewal charges. BizBOOM! clients receive an automated email notification 7 days prior to the renewal date of their account informing them that their renewal date is approaching. It is the customer's responsibility to ensure that BizBOOM! has a valid email address for which we can send out renewal notices to our clients. If BizBOOM! does not receive a cancellation request prior to the customer's renewal we will renew the clients' account on the renewal date and we will apply the appropriate charges. Accounts will be automatically renewed under the same time and fee structure as the plan that the client signed up for (unless plan changes were made or upgraded between the time when the client signed up & their renewal date). The 30 day money back guarantee applies only to the start date of the clients' service with BizBOOM! and does not apply to renewals of service.
Late Fees: Clients have the option to pay an invoice at any time by logging into their BizBOOM! account and submitting a payment. An invoice that is not paid by the due date is automatically marked overdue in the system. If an invoice is overdue by more than 10 days (or 1 day for VPS, Dedicated, Dynamic, or Cloud) (the grace period), the account is automatically assessed a 10% late fee. If an invoice is overdue by more than 15 days (or 5 days for VPS, Dedicated, Dynamic, or Cloud), the account is automatically suspended, and if the invoice is more than 120 days late (or 10 days for VPS, Dedicated, Dynamic, or Cloud), the account is automatically scheduled for termination and a $50.00 fee is added to the account. To reactivate an account that is suspended for failure to submit a payment within the grace period, a payment for the original invoiced amount plus late fees must be submitted to BizBOOM!.
Cancellation & Refunds: Should you become dissatisfied with our services within the first 30 days of your account activation, BizBOOM! will refund your hosting fee subject to the money back guarantee terms listed in this agreement. Refunds are valid ONLY for shared hosting. No refunds will be given for Virtual Servers, Dedicated Servers, or Cloud Hosting services. Refunds are not available for customers after the 30 days of account activation. You may however cancel your account at any time in order to make sure that your account is not renewed. You will need to contact customer service and verify information before cancellation takes place. All cancellation requests MUST be in writing. You will be charged in full for the entire month in which you cancelled your account. Cancellation requests received AFTER your billing date will be cancelled at the end of the billing cycle. Accounts which have negative balances will be sent to collections and all services will be terminated, including domain registrations. Cancellation requests for virtual servers, dedicated servers, and cloud hosting must be submitted 30 days in advance. Cancellation requests for virtual servers, dedicated servers, dynamic servers, and cloud hosting will be processed the next business day, and be effective after 30 days. Refunds are never available for domain registrations. Domain Names transferred to our service incur an additional year of registration and therefore are considered a domain registration. Domain registration fees vary depending on the domain name chosen. Domain names of customers which leave our hosting service will be refunded the package price total less the domain registration fee if the customer leaves BizBOOM! hosting service within the 30 day money back guarantee. In addition refunds are not available for additional services which you may purchase at BizBOOM! for instance an additional domain name we may purchase for a client is not refundable and a dedicated IP which we may setup for a client for a charge is not refundable. Further, refunds are not offered on any of our web site maintenance packages. Refunds are not available for discounted web hosting rates, such as, but not limited to, payment for quarterly, 6-month, annual, or biennial payments.Web site files are the responsibility of the BizBOOM! customer and should an BizBOOM! customer decide to cancel their service it is the customer's responsibility to make sure that they have backed up & downloaded the web site files and any emails from the BizBOOM! server prior to requesting that BizBOOM! cancels their account. Once the cancelation request has been submitted to BizBOOM! a cancelattion of the web site hosting service may occur anytime after the request is received by BizBOOM! and when a cancelation request is completed the client's hosting account with BizBOOM! and their web site files are permenantly removed from the BizBOOM! servers. Therefore again it is the client's obligation to ensure that they have downloaded their web site files and any emails from the server prior to their cancellation request.
99% Service Level Agreement " SLA": BizBOOM! offers its clients a 99% network uptime guarantee for customer satisfaction purposes and also to ensure that your business is running problem free. BizBOOM! will try to maintain maximum uptime. BizBOOM! is not responsible for any downtime caused by the client.
Collections and Attorneys’ Fees
In the event that terms and conditions stipulated are not met, the cost of collections, including reasonable fees and expenses of collection party, attorney or accountants will be due and payable by the contracting party.