Terms Of Service:
Belahost Web Services agrees to provide you (User) with our services provided subject
to User's compliance with the Terms and Conditions below.
Belahost.com is a service / product of Cyberdyne Technologies. For the remainder of
the document Cyberdyne Technologies will be known as Belahost.com.
Please read this Agreement carefully before accessing the service(s). By
accessing the service(s), you agree to be bound by the terms and conditions set
forth below. If you do not wish to be bound by these terms and conditions you
many not access or use the service(s).
The following Terms and Conditions are subject to change by the company at
any time in its discretion. Your use of the Belahost.com website and
Belahost.com services after such changes have been made are implemented
constitutes your acceptance of the changes. Please consult these terms and
conditions regularly.
Disclaimer.
The user will have access to a variety of sources of content through the
Internet. The User understands and accepts that except for information, products
and services clearly identified as being supplied by Belahost.com, the
company does not operate, control or endorse any information on the Internet in
anyway. Also, Belahost.com exercises no control whatsoever over the content
of the information passing through our systems. Accordingly, Belahost.com
will have no liability or responsibility whatsoever for any content contained
within any such sources.
THE USER ACKNOWLEDGES AND AGREES THAT USER ACCESSES, USES AND RELIES UPON
SUCH CONTENT AT USER'S OWN RISK. NEITHER BELAHOST.COM NOR ANY OF ITS
AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYES WARRANT
THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE NOR DOES BELAHOST.COM
MAKE ANY WARRANTY AS TO THE RESULTS FROM USE OF THE SERVICE(S).
The User is responsible for implementing sufficient procedures and
checkpoints to satisfy User's requirements for accuracy of data input and output,
and for maintaining a means external from Belahost.com for the reconstruction
of any lost data.
Belahost.com has no control over and accepts no responsibility whatsoever for
published materials by the User that are sexually explicit, offensive,
controversial and/or copyrighted .
BELAHOST.COM DISCLAIMS ANY AND ALL WARRANTIES EXPRESSED OR IMPLIED,
INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE, OR NON-INFRINGEMENT.
Limitation of Liability.
UNDER NO CIRCUMSTANCES SHALL BELAHOST.COM, ITS EMPLOYEES, ITS AFFILIATES,
ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYESS BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR
SPECIAL DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING,
EMOTIONAL DISTRESS OR SIMILAR DAMAGES, EVEN IF THE COMPANY HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. THAT RESULT IN ANY WAY FROM USER'S USE OR
INABILITY TO USE THE SERVICE(S) OR TO ACCESS THE INTERNET OR ANY PART THEREOF,
OR USER'S RELIANCE ON OR USE OF INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON
OR THROUGH THE SERVICE(S), OR THAT RESULT FROM MISTAKES, OMISSIONS,
INTERRUPTIONS, DELETION OF FILES, ERROR, DEFECTS, DELAYS IN OPERATION OF
TRANSMISSION, ANY FAILURE OF PERFORMANCE, COMPUTER VIRUS, COMMUNICATED LINE
FAILURE, THEFT OF DESTRUCTION OF UNAUTHORIZED ACCESS TO ALERTATION OF OUR USE OF
USER'S ACCOUNT.
THE EMPLOYEES OF BELAHOST.COM ARE NOT AUTHORIZED TO MAKE ANY ORAL
REPRESENTATIONS OR VARIATIONS TO THE DESCRIPTION OR QUALITY OF THE SERVICE(S),
AND THE COMPANY SHALL NOT BE LIABLE FOR ANY LIABILITY CAUSED RELYING ON SUCH
REPRESENTATIONS.
IF THE PERFORMANCE BY BELAHOST.COM OF THE SERVICE(S) IS DELAYED OR
HINDERED BY CIRCUMSTANCES OUTSIDE ITS CONTROL, OR AMOUNTING TO FORCE MAJEURE,
BELAHOST.COM WILL, AS SOON AS IS REASONABLY PRACTICAL, GIVE THE USER NOTICE
OF THE REASONS OF DELAY OR HINDRANCE. HOWEVER, FAILING TO GIVE SUCH NOTICE WILL
NOT RESULT IN ANY LIABILITY FALLING ON BELAHOST.COM. IN THE CASE OF DELAY OR
HINDRANCE CAUSED BY CIRCUMSTANCES AMOUNTING TO FORCE MAJEURE, BELAHOST.COM
WILL RECOMMENCE PROVISIONS OF THE SERVICE(S) AS SOON AS THE CIRCUMSTANCES
CAUSING DELAY OR HINDRANCE ALLOW.
IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS LICENSORS,
SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS
TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR
OTHERWISE) EXCEED THE AMOUNT USER HAS PAID TO THE COMPANY FOR THE APPLICABLE
CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.
Indemnity.
User will indemnify and hold the Company, its licensors, content providers,
service providers and contractors (the "Indemnified Parties") harmless from any
breach of these Terms And Conditions by User, including any use of Content other
than as expressly authorized in these Terms And Conditions. User agrees that the
Indemnified Parties will have no liability in connection with any such breach or
unauthorized use, and agrees to indemnify any and all resulting loss, damages,
judgments, awards, costs, expenses, and attorney's fees of the Indemnified
Parties in connection therewith. User will also indemnify and hold the
Indemnified Parties harmless from and against any claims brought by third
parties arising out of User's use of the information accessed from the
Belahost.com website or from any Belahost.com services.
Prohibited Usage.
User may not:
• post or transmit any unlawful, threatening, abusive, libelous, defamatory,
obscene, pornographic, profane, or otherwise objectionable information of any
kind, including without limitation any transmissions constituting or encouraging
conduct that would constitute a criminal offense, give rise to civil liability,
or otherwise violate any local, state, national or international law, including
without limitation the U.S. export control laws and regulations;
• post or transmit any information or software which contains a virus,
cancelbot, Trojan horse, worm or other harmful component;
• post, publish, transmit, reproduce, distribute or in any way exploit any
information, software or other material obtained through the Service(s) for
commercial purposes (other than as expressly permitted by the provider of such
information, software or other material);
• upload, post, publish, transmit, reproduce, or distribute in any way,
information, software or other material obtained through the Service(s) which is
protected by copyright, or other proprietary right, or derivative works with
respect thereto, without obtaining permission of the copyright owner or right
holder;
• upload, post, publish, transmit, reproduce, transmit or distribute in any
way any component of the Service(s) itself or derivative works with respect
thereto;
• send unsolicited advertising or promotional materials "spam" via electronic
mail (See section titled "MESSAGING" ).
Belahost.com has a zero-tolerance
policy against spam. Any User's account of our service violating this policy may
result in immediate termination of service.
• run or activate processes while User is not logged in;
• run or operate like services via connections into or received from
Belahost.com;
User agrees that
Belahost.com has the right to monitor the Service(s)
electronically from and to disclose any information as may be necessary to
satisfy any law, regulation or other governmental request, to operate the
Service(s) properly, or to protect the company or its subscribers.
Belahost.com will not intentionally monitor or disclose any private e-mail
message unless required by law.
Belahost.com reserves the right to refuse to
post or to remove any information or materials, in whole or in part, that, in
its sole and absolute discretion, are unacceptable, undesirable, or in violation
of this Agreement.
Belahost.com reserves the right to suspend access to the
Service for User's account. The account's suspension may be rescinded within the
sole and absolute discretion
Belahost.com following payment of a reconnection
charge, to be determined by
Belahost.com in its sole and absolute discretion.
.
Messaging.
User agrees to limit their use of the
Belahost.com service, specifically
regarding the use of
Belahost.com's electronic (e-mail) services, to the
following restrictions:
• Mass Mailing
User is restricted to the transmission, or distribution, of no more than
fifty (50) recipients, or addresses, per email message. This does not assume
User is allowed to send such messages several times to groups smaller than the
fifty (50) limit. Limits maybe lifted per user upon request.
• Unauthorized Use of Relay Servers
User agrees that any unauthorized use of any email server located throughout
the Internet for the purposes of relaying or distributing messages is prohibited.
• Fraudulent Addressing
User agrees that the purposeful distribution of any email message where the
return address, originator's address, or any other identifiable aspect of the
message has been purposefully altered is prohibited. User may not purposefully
misrepresent the origination information of any email messages sent while using
the
Belahost.com service.
• Fraudulent Content
User agrees to be held responsible for the distribution of fraudulent
materials.
VIOLATION of ANY OF THESE TERMS WILL RESULT IN IMMEDIATE TERMINATION OF
SERVICES. Furthermore, violation of any of these terms, relating to the terms
described within this "Messaging" section of this document, may result in the
IMMEDIATE PENALTY of $200 BELAHOST.COM RESERVES THE RIGHT TO CHARGE USER'S
CREDIT CARD, IF ON FILE FOR USE IN PAYMENT OF BELAHOST.COM SERVICES, A
ONE-TIME FEE OF $200 PER VIOLATION OF THESE TERMS. IN THE EVENT USER PRE-PAYS
FOR THEIR BELAHOST.COM SERVICE VIA CASH, CHECK, OR MEANS OTHER THAN CREDIT
CARD, BELAHOST.COM RESERVES THE RIGHT TO INVOICE AND HOLD USER RESPONSIBLE
FOR THE ONE-TIME FEE OF $200 PER VIOLATION OF THESE TERMS. User also agrees to
the immediate termination of
Belahost.com services for violation of any of
these terms.
Privacy Policy.
Belahost.com's policies and procedures for handling customer information
have been created with the understanding that Internet technologies are still
evolving. However, information transmitted through the
Belahost.com website
and the Internet in general is not confidential.
Belahost.com cannot and
shall not guarantee privacy or protection of any User.
Belahost.com reserves
the right to monitor any User's activity when deemed necessary for providing
proper service and/or to protect the rights, property and interests of
Belahost.com.
Non-transferable.
The right to use Service(s) is not transferable. User shall be responsible
for the confidentiality of User's password and any changes made to the account's
password.
Purchases of Services.
If the User wishes to make purchases of Service(s), User will be asked by the
company to supply certain customer information, including credit card or other
payment mechanism information. User agrees that all information User provides to
Belahost.com to be accurate, complete and current.
Billing and Cancellation of Services.
All hosting services provided by
Belahost.com are month-to-month contracts
allowing the User to cancel service at anytime. The User may cancel within the
first 7 days of initial service to receive a full refund of the cost of the
service plan. After the initial one-week grace period, the User must pay for the
full month-to-month service upon cancellation. If during order registration the
customer chooses a different billing cycle length (i.e. monthly, quarterly,
annually or other) the service will be provided and auto-renewed at that
contract length/billing cycle.
Domain registration is a NON-REFUNDABLE service, as well as a purchase of
digital web certificates and merchant accounts. Reseller hosting plans are also
NON-REFUNDABLE.
The User is responsible for cancelling hosting services. All canceled accounts are to receive a cancellation number for future
confirmation. If you have registered a domain through
Belahost.com's
registrar, domain name registrations DO NOT auto-renew at the end of the term
each year.
Once a cancellation is received, the customer's account will be active until the
end of the current billing cycle. No other charges will be made unless the
customer has an unpaid balance. At the end of the billing cycle service shall be
terminated. Customer data stored on our servers will then be deleted.
All and any charge backs issued by the User will automatically result in a
$25.00 banking fine. If any billing discrepancies occur, the User is responsible
for contacting the company's Billing Department in order to resolve billing
error (s) via email.
Customer Information.
Belahost.com may use customer information to provide customers with
information about products and services that might be of interest to the
customer, or to enable the customer to take advantage of special partner
programs. Belahost.com may also use customer information to provide its
customers with system information or information about new or upgraded products.
Bandwidth Policy
Belahost.com limits users' bandwidth
transfers to the choosen plan default. We monitor all activity on
our servers.
Customer may purchase additional bandwidth.
No Spam Policy
"Spam" is when an Internet user sends unsolicited bulk and/or commercial
email messages over the Internet. The practice of "spamming" is prohibited by
Belahost.com, and is enforced by our 0% tolerance policy. Once we receive
complaints of a subscriber practicing spamming,
Belahost.com has the
discretion to determine from all of the evidence gathered whether the spammed
email recipients were from an "opt-in" email list. If found guilty, the
subscriber will no longer be entitled to receive hosting service from our
company and will have to forfeit any paid balances of their account.
Spamming is not only harmful because of its negative impact on consumer
attitudes toward Belahost.com, but also because it can overload Belahost.com's network and disrupt service to
Belahost.com sub-scribers. Also,
maintaining an open SMTP relay is prohibited.
Adult Content Policy
Adult related sites that exceed the gigabytes included with the
hosting plan may purchase additional blocks of 10 gigabytes at $10.00 per month. Belahost.com reserves the right to deny hosting of explicit adult content at our discretion. If this decision takes place, the customer will be refunded the unusaged balance of hosting service.
Failure to Comply With Terms and Conditions.
Belahost.com may deny User access to all or part of Service(s) without
notice if User engages in any conduct or activities that Belahost.com in its
sole discretion believes violates any of the terms and conditions in this
Agreement. If Belahost.com denies User access to Service(s) because of such a
violation, User shall have no right (1) to access through Belahost.com any
materials stored on the Internet, (2) to obtain any credit(s) otherwise due to
User, and such credit(s) shall be forfeited.
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