Better Hosting Solutions™ Terms of Service The service that is subject to the following agreement is provided by Better
Hosting Solutions in association with LiquidNet Ltd., registered in London,
UK. Better Hosting Solutions and LiquidNet Ltd. will be referred to as Better
Hosting Solutions for the sake of brevity in this document. You should be aware that by signing up for an account with Better Hosting
Solutions, you agree to position data on our servers, thus making it accessible
to the wide public. In this sense, you accept that it is beyond the power
of Better Hosting Solutions to restrict such access and guarantee the security
of your files. You are completely in charge of protecting your data on Better
Hosting Solutions servers, which suggests that you would better consider carefully
any piece of information before uploading it to your newly allocated Better
Hosting Solutions server space. It is recommendable to avoid publishing personal
data that could be abused online. The order form completion represents the electronic signing of this document.
You should abide by the Domain Name Registration Agreement, which is an indivisible
part of this document. ENTIRE AGREEMENT; SERVICE AGREEMENT Better Hosting Solutions HOSTING SERVICES Domains Hosted - Better Hosting Solutions hosting plans include domain hosting.
Each hosting plan has a limit of the domains hosted. Domain Registration - available at discounted price only with purchasing
web hosting account(s). Each web hosting account can use a maximum of one
discounted domain name. Domain registrations are final and cannot be refunded. More detailed information regarding domain names can be found in the Domain
Name Dispute Resolution Policy. Disk Space - Additional disk space is available. Payment is accepted only
in advance per year. Contact sales for more information. IP Address - Better Hosting Solutions hosting accounts do not include IP
address. For many customers IP address is important for starting SSL hosts
and that's why we allow purchasing IP addresses. Payment is accepted only
in advance per year. Contact sales for more information. MySQL Database(s) - is/are included in all hosting plans. Additional MySQL
databases are available. Contact sales for more information. MySQL Database Storage Each hosting account has a limit for MySQL database
storage. This storage is shared between all the MySQL databases in a single
hosting account. Additional MySQL database storage is available. Contact sales
for pricing. SSH (Secured Shell) - is optional. Contact sales for more information. BACKGROUND OPERATIONS/PROGRAMS ON SERVERS SERVICE GUARANTEES Server Hardware Breakdown User error(s) or purposeful interruption(s) of the user service (e.g. if
the client shuts his/her own server down, Better Hosting Solutions is not
responsible for the downtime) Failures due to software that is not explicitly supported by Better Hosting
Solutions. Consequently, if a hardware crash provoked by the customer happens,
Better Hosting Solutions is beyond the control and responsibility for the
resulting downtime. SERVER USAGE & HOSTED CONTENT Server content MUST comply with the parameters stated in this TOS. Web content
requirements exclude the publication of illegal content or content considered
inappropriate otherwise. Customers should get in touch with a Better Hosting
Solutions Service representative regarding any inquiries over the matter.
Using Better Hosting Solutions scXX.info/scXX.biz is not defined as a bandwidth
stealing. However, customers are advised to use it temporarily and Better
Hosting Solutions does not bear the responsibility, if we change it afterwards
- traffic processing there is not recommendable. It is not recommendable to
use Better Hosting Solutions temporary URL- supremeserver.com as a basic URL.
Users are advised to redirect their traffic to their own domains. MONEY BACK GUARANTEE PAYMENT, CHARGEBACKS AND RETURNED CHECKS If, however, customer presents a valid motive for the refund required, having
observed the afore-specified requirements, then Better Hosting Solutions will
process the money back procedures without hesitation. Any refund actions will
immediately lead to web hosting account suspension and the customer's credit
card will be charged back with the respective sum under the same payment order
/ authorization number. Better Hosting Solutions will charge customers with fees based on the fee
structure at the time of the sign-up process. Better Hosting Solutions reserves
the right to introduce changes to the packages when needed regarding price
and set of features. This means that the current price list at may differ
from the pricing and features of the customer's account. When signing up for an account with Better Hosting Solutions, the customer
agrees to pay for the period of one year (365 days). Better Hosting Solutions
grants customers with 48 hours over the official payment period. In case that
the payment has not been received, the account will be suspended. Chargebacks are not considered as a way of refunding. Any customer who provides
a credit card chargeback in response to a bill or order placed at Better Hosting
Solutions will be subject to collections and legal action. He/she will be
charged $29.00 USD, because when signing up with Better Hosting Solutions,
customers accept these terms and conditions, thus agreeing to observe them
strictly. WARRANTIES AND REPRESENTATIONS NO UNLAWFUL OR PROHIBITED USE THIRD PARTY TERMINATION SERVICE DENIAL YOUR RESPONSIBILITIES Provide true, accurate, current and complete information about yourself as
prompted by the registration form of the Service. Maintain and promptly inform us to update Registration Data to keep it true,
accurate, current and complete. If you provide any information that is untrue,
inaccurate, not current or incomplete, or Better Hosting Solutions has reasonable
grounds to suspect that such information is untrue, inaccurate, not current
or incomplete, Better Hosting Solutions has the right to suspend or terminate
your account and refuse any and all current or future use of the Service (or
any portion thereof). When signing up for un account with Better Hosting Solutions, each customer
agrees to submit correct and up-to-date contact details, meaning that when
introducing any changes to this information, he/she is obliged to notify Better
Hosting Solutions in the course of a 10-business-day period after the changes
become valid. The introduction of changes should be done online through customer's
Control Panel, not via e-mail. This requirement is also in force for Better
Hosting Solutions - customers will always be aware of any contact information
changes that the company places within its website. This way, a flawless communication
process between both sides is guaranteed. You will receive a password and account designation upon completing the registration
process of the Service. You are responsible for maintaining the confidentiality
of your password and account, and you are fully responsible for all activities
that occur under your password or account. You agree to: immediately notify Better Hosting Solutions about any unauthorized use of
your password or account or any other breach of security. ensure that you exit from your account at the end of each session. Better Hosting Solutions cannot and will not be liable for any loss or damage
arising from your failure to comply with this. Any Customer in violation of system or network security is subject to criminal
and civil liability, as well as immediate account termination. Examples include,
but are not limited to the following: Unauthorized access, use, probe, or
scan of a systems security or authentication measures, data or traffic. Interference
with service to any user, host or network including, without limitation, e-mail
bombing, flooding deliberate attempts to overload a system and broadcast attacks.
Forging of any TCP/IP packet header or any part of the header information
in an e-mail or newsgroup posting. Harm to Better Hosting Solutions Servers - any attempts for doing harm to
a server or customer of Better Hosting Solutions Services are explicitly banned Acceptable Use of Services / Acceptable Access to Services - Better Hosting
Solutions will immediately and resolutely react to any attempt of use of an
Internet account or computer by a Better Hosting Solutions customer unauthorized
by the account or computer owner. Such attempts include "Internet scamming"
(tricking other people into releasing their passwords and etc.), password
robbery, security hole scanning etc. It DOES NOT matter whether the attacked
account or computer belongs or not to Better Hosting Solutions Services, the
fraud will be subject to actions based on the very nature of the attack which
could be a warning, an account suspension or cancellation and civil or criminal
legal action. CPU usage (or usage of the Central Processing Unit(s)) on the web server
Customer's account is hosted on is subject to some regulations. That means
that each hosting account can take advantage of up to 10% of the CPU power
for no longer than 180 seconds at any given timeor 3% in the course of 24
hours. Better Hosting Solutions strongly requires that customers be very judicious
when using the CPU power for their accounts. Otherwise, we may suspend customer
accounts in cases of registered impact on other accounts on the server or
disturbance caused to the functioning of the server. If we do suspend an account,
then its owner will be notified of that in consistence with the situation
that this suspension may provoke. Then the account's owner may be required
to upgrade to a dedicated or semi-dedicated web hosting solution. Possible
alternative is a required reduction in the load and traffic that the customer's
account gets. Better Hosting Solutions reserves the right to block files or
scripts that use CPU exceedingly and notify clients. Customer agrees not to publish on or over its account any information, software
or other content, which violates or infringes upon the rights of any others
or which knowingly contravenes the laws of any jurisdiction in which such
content is generally accessible. Users are NOT allowed to send more than 1500 emails per day per hosting account. Each account is entitled to host up to 50 000 files. MySQL usage: each database hosted on our system can be used only by the user
who has created it. Another user, whose account is hosted on the same or on
another server, cannot use the database created in your account. The MySQL
database has a limit of 45 000 queries per hour. If you have reached 45 000
queries per a given hour, you will not be able to make any more queries. In
the next hour you will have access to the database again and the counter will
be reset. Better Hosting Solutions does NOT allow sites that provide any content, points
of distribution, or 'links' to sites that: infringe on any third party's intellectual property or proprietary rights,
or rights of publicity or privacy violate any law, statute, ordinance or regulation are defamatory, trade libelous, threatening, unlawfully harassing, abusive,
pornographic or obscene contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted
files, or any other similar software or programs that may damage the operation
of another's computer or property of another contain Pirated or Hacking / Phreaking Software (Warez) - Any software that
is copyrighted and not freely available for distribution without cost. ROMs,
ROM Emulators and Mpeg Layer 3 files (MP3) all fall under this jurisdiction have Adult Sites (content) - Any erotic or pornographic material, links to
adult sites, or advertisements of adult sites. CUSTOMER WEBSITE; E-COMMERCE; CUSTOMER WARRANTIES/GUARANTIES When buying an allocated space on Better Hosting Solutions servers, customers
agree to be fully responsible for the development, operation and maintenance
of their web site, online store and e-commerce activities within that space.
Each customer is in charge of all the products and services as well as of
all contents and materials appearing online, including: the accuracy and relevance of Customer Content and content and material showcased
in its store or on its products certainty that the Customer Content and content and materials appearing in
its store or on its products do not violate or infringe upon the rights of
any person certainty that the Customer Content and the content and materials appearing
in his/her store or on his/her products are not calumnious or somehow illegal.
Customer is the only one in charge of approving, processing and filling customer
orders and of taking care of customer requests or complaints. Customer is
the one in charge of the payment or satisfaction of any and all taxes related
to his/her web site and online store. Customer bears the responsibility for ensuring the security and confidentiality
of any customer data (including, without limitation, customer credit card
numbers) that he/she may receive in connection with his/her web site or online
store. Each Customer guarantees to Better Hosting Solutions that he/she owns or
possesses the right to use the Customer Content and its material, including
all text, graphics, sound, music, video, programming, scripts and applets.
Each Customer warrants to Better Hosting Solutions that the use, reproduction,
propagation and transmission of the Customer Content and any information and
materials contained inside do not, and will not: infringe or abuse any copyright, patent, trademark, trade secret or any other
proprietary right of a third party break any criminal laws or manifest false advertising, unfair competition,
vilification, privacy intrusion; violate a right of publicity or violate any
other law or regulation. Each Customer empowers Better Hosting Solutions to
reproduce, copy, use and propagate all and any part of the Customer Content
for ensuring and operating the Services. Better Hosting Solutions is granted
the right to assess the extent these operations need to be done. TORTUROUS CONDUCT SPAMMING IS PROHIBITED the sending of unsolicited messages in bulk, or the sending of unsolicited
e-mails, which provoke complaints from recipients the sending of junk mail the use of distribution lists that include people who have not given specific
permission to be included in such a distribution process posting commercial ads to USENET newsgroups that do not permit it posting articles containing binary encoded data to non-binary newsgroups excessive and repeated posting of off-topic messages to newsgroups e-mail harassment of another Internet Customer or Customers, including but
not limited to, transmitting any threatening, libelous or obscene material,
or material of any nature which could be deemed to be offensive the e-mailing of age-inappropriate communications or content to anyone under
the age of 18 "Spamming" is considered as explicit misuse of ethical principles
and will be interpreted as a violation of them The maximum number of allowed e-mail messages sent per day is 1500. There
are no exceptions to this rule. Every customer who is sending more than 1500
e-mail messages per day needs a dedicated server and cannot use a shared hosting
account. NEWS RELEASES This Agreement shall be interpreted in consistence with the laws of the State
of Florida, US. This Agreement shall be in force and effect entirely to the benefit of the
parties hereto and their respective heirs, executors, administrators, successors
and assigns. - The captions and headings contained in this TOS are aimed at
facilitating the text comprehension. They are not a part of the very Agreement,
and shall not limit or construe the provision they refer to. - This Agreement
may be executed in counterparts, which will be considered as original. COPYRIGHTS Please report any violations of the Terms of Service and the Domain Name
Dispute Resolution Policy to abuse@propersupport.com. ASSIGNMENT
Better Hosting Solutions shall provide its Services to You (the Customer)
under the Terms and conditions of this Customer Agreement. The Agreement is
intended to keep the integrity of both Better Hosting Solutions and the Customer
and to protect both parties from liability. This Service Agreement will be
enforced to ensure the speed, power, performance, and reliability of our services.
Along with the Order Form and any other documents or agreements explicitly
specified in this Agreement, the Customer Agreement constitutes the whole
act of convention between Better Hosting Solutions and the Customer, thus
being the most significant document of the newly-established relationship.
In case that a court of competent jurisdiction considers that any of the Agreement's
provisions is invalid, unenforceable, or void, the remaining ones will completely
reserve their validity. Customer's side of the Agreement could be presented
by the following parties: an individual with personal demands, being over
18 years of age; a legal entity such as a corporation, a limited liability
company etc. that is consistent with state's law system. If a person represents
the Customer for some reason, he/she should be legally authorized to act in
his/her name, thus accepting, executing and delivering the Agreement. You
understand and agree that the Service is provided "AS-IS" and that
Better Hosting Solutions assumes no responsibility for the timeliness, deletion,
and failure to deliver or store any Customer communication or personalization
settings.
Bandwidth - Each hosting plan includes prepaid monthly bandwidth in Megabytes.
This bandwidth quota is shared between all the sites in a single hosting account.
In case a hosting account exceeds its allowed bandwidth, it will be suspended
until beginning of the next month when the quota will refresh automatically.
Additional bandwidth is available. Contact sales for more information.
These programs, named cron jobs, can be continuingly run by Better Hosting
Solutions in the background. Their provision suggests additional fee in accordance
with system resources used and operational maintenance involved, if needed.
Generally, Better Hosting Solutions avoids placing complementary charges upon
customers, providing the CronTab service that is integrated in the hosting
Control Panel. Optional Better Hosting Solutions Services: These services,
including but not limited to: Site Studio, Mailing Lists and other services
offered are provided WITHOUT WARRANTY and WITH NO GUARANTEE OF RESULTS. Better
Hosting Solutions ADDITIONAL SERVICES OR FEATURES AND VALUE-ADDED SERVICES
OR FEATURES ARE OFFERED ON "AS IS" AND "AS AVAILABLE"
BASIS. Better Hosting Solutions REJECTS ANY IMPLIED WARRANTIES. ANY OF Better
Hosting Solutions' EMPLOYEES, MANAGEMENT OR AFFILIATES MAY NOT BE HELD RESPONSIBLE
OR THUS LIABLE FOR ANY POSSIBLE DAMAGES PROVOKING USE OR MISUSE OF ANY INFORMATION,
CONTENT OR SERVICES PROVIDED BY Better Hosting Solutions, INCLUDING DIRECT
OR INDIRECT, PUNITIVE, AND INCIDENTAL DAMAGES RESULTING FROM ANY FAILURE TO
PROVIDE SERVICES, SUSPENSION OR TERMINATION OF SERVICES.
Better Hosting Solutions will guarantee 99.9% Better Hosting Solutions network
uptime and 99.9% network stability uptime. This, however, does not refer to
problems stemming from:
If any of Better Hosting Solutions Services are used for the illegal purpose
of SPAM or UCE, then they will be instantaneously terminated.
Unauthorized Access. Better Hosting Solutions expressly bans the use of any
Better Hosting Solutions hardware or software hosted on a Better Hosting Solutions
server for trying to illegally access another hosted machine or network.
Each customer will be able to take advantage of the package he/she has purchased
at the introductory price levels and with one and the same set of features
in the course of the whole contract period. Better Hosting Solutions reserves
the right to introduce certain changes to the packages (in the shape of complementary
services) to the benefit of customers.
Better Hosting Solutions offers a 30-day money back guarantee. If you are
not satisfied with our hosting service, you can email support@propersupport.com
and receive a full refund for your hosting plan within 30 days after you purchased
the account. However, all domain registrations are final, do not include any
money back guarantee and will be subject to a $9.95 USD per year per domain
registration fee. You will be required to make a deposit of $9.95 USD for
the domain fee before receiving the refund for the hosting account.
Better Hosting Solutions contracts with JCB / VISA / MASTER CARD International
and Discover Financial Services for chargeback procedures, thus avoiding its
merchant accounts involvement. When signing up for a web hosting service with
Better Hosting Solutions, customers agree to AUP (this document) and the specified
Terms & Conditions in this document. Thus, Better Hosting Solutions will
utilize this document as an evidence for the customer's agreement in cases
of a chargeback inquiry on behalf of the customer based on points that the
client tries to refute after he accepted them at the time of the order.
Better Hosting Solutions provides hosting services on an "as is"
and "as available" basis without warranties or representations for
its offering. The company bears no responsibility for connection problems,
in cases when customers' hosting with Better Hosting Solutions confronts with
service interruption issues.
As a condition of your use of the Better Hosting Solutions Services, you will
not use the Better Hosting Solutions Services for any purpose that is unlawful
or prohibited by these terms, conditions, and notices. You may not attempt
to gain unauthorized access to any Better Hosting Solutions Services, other
accounts, computer systems or networks connected to any Better Hosting Solutions
Services, through hacking, password mining or any other means. You may not
obtain or attempt to obtain any materials or information through any means
not intentionally made available through the Better Hosting Solutions Services.
Better Hosting Solutions reserves the right at all times to disclose any information
as Better Hosting Solutions deems necessary to satisfy any applicable law,
regulation, legal process or governmental request, or to edit, refuse to post
or to remove any information or materials, in whole or in part, in the sole
discretion of Better Hosting Solutions. Better Hosting Solutions is within
the capacity to refuse service to unlawful parties. Better Hosting Solutions
servers can be used explicitly for legal purposes only and each attempt for
taking indecent advantage of the servers inconsistent with the rules will
be immediately rejected. In this light, Better Hosting Solutions expressly
forbids any breach of Federal, State or Local regulation, including, but is
not limited to the transmission of: copyrighted material, material legally
judged to be threatening or obscene and material protected by trade secrets.
Better Hosting Solutions management will thoroughly scrutinize any of the
received orders and decide to their own discretion which of them do not comply
with the officially stated requirements for use of the company's servers.
Better Hosting Solutions servers CANNOT be used for the propagation, distribution,
housing, processing, storing, or handling in any way of lewd, obscene, adult
OR pornographic material, or any other material which is considered impermissible
by the company including, but not limited to - pornography, adult materials,
satanic materials, and any other materials of an adult nature.
Any dealings with third parties (including advertisers) included within the
Better Hosting Solutions Services or participation in promotions, including
the delivery of and the payment for goods and services, and any other terms,
conditions, warranties or representations associated with such dealings or
promotions, are solely between you and the advertiser or other third party.
Better Hosting Solutions shall not be responsible or liable for any part of
any such dealings or promotions.
You agree that Better Hosting Solutions, in its sole discretion, may terminate
your password, account (or any part thereof) or use of the Service, and remove
and discard any Content within the Service if you violate these terms.
Better Hosting Solutions reserves the right to reject its service and terminate
this agreement for a certain period of time or indefinitely upon customers'
failure to pay. The customer then is considered a debtor to Better Hosting
Solutions and liable for reasonable interest and collection fees.
You are solely responsible for the content of your messages. Using the Better
Hosting Solutions Service in connection with surveys, contests, pyramid schemes,
chain letters, junk e-mail, spamming or any duplicative or unsolicited messages
(commercial or otherwise) is prohibited. In consideration of your use of the
Service, you agree to:
Any case of indecent treatment towards a Better Hosting Solutions employee
will be considered inappropriate. Each Customer is anticipated to conduct
a professionally mannered communication with Better Hosting Solutions employees
regarding any requests for help through e-mail or by means of the Ticket Desk
Support System. Each Customer should avoid applying any forms of written emotional
outburst or cursing. Any attempts of deliberately undermining behavior will
be interpreted as a breach of this TOS. Other acts of treatment towards Better
Hosting Solutions employees that will be considered as unacceptable include
any verbal, oral, written or delivered by a second party threats addressing
Better Hosting Solutions or any of its employees, partners, equipment, and
concerns. Any forms of such threats will be interpreted as a breach of this
TOS. Better Hosting Solutions keeps the right to assess which behaviour will
be treated as a breach of this TOS and to give no refunds to the users whose
accounts have been suspended for violating the aforementioned rules.
We will determine in our sole discretion whether any of the messages you send
are spam. For your information, spamming generally includes, but is not limited
to:
Forward Looking Statements: these refer to any predications within this website
that are not based on objective facts and express expectations with regard
to forthcoming events. Such statements cannot be treated as reality-based
because it is possible that they happen to deviate from actual circumstances.
Forward Looking Statements can be recognized by the availability of indicative
words such as "believes", anticipates," "plans,"
"may," "hopes," "can," "will," "expects,"
"is designed to," "with the intent," "potential".
However, their availability is not a compulsory requirement for a forward-looking
statement to be treated as such.
FORCE MAJEURE CIRCUMSTANCES
Better Hosting Solutions will be in an off-liability position as regards the
failure or delay in doing its professional duties in consequence of circumstances
beyond its control. Such circumstances could be provoked by acts of any governmental
body, war, rebellion, sabotage, embargo, fire, flood, strike or other labor
disturbance, interruption of or delay in transportation, unavailability of,
interruption or delay in telecommunications or third party services (including
DNS propagation), failure of third party software or hardware or inability
to obtain raw materials, supplies or power used in or equipment needed for
provisioning of the Services. This agreement constitutes the whole act of
convention between the parties with regard to the agreement signed between
them. It is not subject to any amendments, modifications, or any other alterations
with the exception of changes introduced through a written instrument that
is signed by the party to be charged.
Copyrighted material must not be placed on Customers' accounts without the
permission of the copyright owners or people that are specifically authorized
by the copyright owners. Only copyright owners or people specifically authorized
by them may upload copyrighted material to the account. Upon our receipt of
a notice of a claimed copyright infringement containing the above information,
after confirmation we will promptly remove the allegedly infringing material
from the Services and carry out further procedures if necessary. We will assume
no liability to any Customer of the Services for the removal of any such material.
Customer shall not have the right to assign this Agreement without the written
permission of Better Hosting Solutions. This Agreement shall be in force and
effect to the total benefit of Customer and Better Hosting Solutions and their
successors and permitted assigns.