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BestWeb Acceptable Use Policy
Term, Order, and Installation
This Agreement between Customer and BestWeb shall become effective the date the Agreement was received by BestWeb and shall continue until canceled. Customer and BestWeb agree that a facsimile copy shall be as binding as an original. Notifications by BestWeb to the Customer will be by email and to the email address specified by the Customer. Notifications by Customer to BestWeb will be in writing and signed by the Customer.
BestWeb may change these terms or any other aspect of the service, including price, upon 30 days notice.
Domain Registration
Should Customer request that BestWeb handle the domain registration or transfer, Customer hereby authorizes BestWeb to act as Customer's agent for this domain name. The Customer agrees to be bound by the terms of the applicable registration or transfer agreement in place with Register.com (found at www.bestweb.net/services/registrationterms.html).
Billing and Payment
Activation will be deemed complete when the domain name resolves to a BestWeb assigned address, unless the customer is handling their own DNS information in which case activation will be complete when the domain space is set up on BestWeb's servers.
The registration or transfer fee (if any) is due when registration is submitted and is non-refundable. The first monthly service fee is due upon activation. Subsequent monthly service fees are due on the first day of each month of service. If payment is by credit card then it will be charged on due date. If payment is by check, then BestWeb will invoice Customer approximately 15 days prior to the due date and Customer will pay the amount due on or before the due date. Customer agrees to pay BestWeb all sales and related taxes that BestWeb is obligated to collect by law. Nonpayment does not constitute cancellation of BestWeb's service.
If the Customer's account becomes more than 10 days past due, then service is subject to interruption without notice and Customer agrees to pay BestWeb a late fee of $25.00. BestWeb may charge interest on overdue amounts at the rate of 1.5% per month, accruing daily. No refunds will be provided for service interruptions caused by past due accounts.
If the Customer's account becomes more than 20 days past due, then BestWeb may take further actions such as canceling the service and pursuing legal remedies for collection purposes, at which time Customer agrees to pay BestWeb a $200.00 collection fee. Customer agrees that BestWeb may utilize Customer information to determine credit worthiness and, further, may report payment history and related information to credit agencies.
Cancellation
Either party may cancel this Agreement at any time with 10 days written notice.
Obligations of BestWeb and Customer
BestWeb will provide to the Customer, on a best effort basis, the services indicated in this Agreement subject to the terms and conditions stated herein. BestWeb agrees not to release any Customer information, including name, address, phone number, and email address, to any parties except pursuant to providing the service, collection efforts, or as required by law. Domain Hosting is a technologically advanced service and, therefore, BestWeb cannot guarantee that the service will be uninterrupted or error-free, or guarantee the throughput of the service; further, such issues are not a cause for non-payment.
Customer will use BestWeb's service only for lawful purposes. Customer will not transmit, retransmit, or store material in violation of any federal, state, or local law (statutory or common) or regulation, including without limitation, laws or regulations governing libel or slander, obscenity, threats, or harassment and infringement or other violation of trademark, copyright, trade secret, or proprietary rights. Should customer actions interfere with the proper operation of BestWeb's service, then BestWeb reserves the right to immediately disconnect the customer without notice.
Customer agrees to abide by BestWeb's Authorized Use Policy (AUP) as published on BestWeb's home page, and updated from time to time, and further agrees that BestWeb may terminate the Customer's service without notice and without refund for such violations. The determination of BestWeb's management as to whether a violation has occurred shall be final. The AUP includes, but is not limited to, the following restrictions: (1) you may NOT do anything illegal or anything that adversely affects BestWeb's legal interest, tamper with other accounts or commit unauthorized intrusion into any part of BestWeb's system or use any of BestWeb's machines, files or accounts to intrude or attempt to intrude without authorization into any other system, (2) you may NOT use BestWeb services that have not been purchased or devise ways to circumvent security so that you have access to services you haven't paid for, (3) you may NOT use the service in a manner that encumbers disk space, processors, bandwidth or other system resources so as to interfere with others' normal use of services on BestWeb or on other systems, (4) you may NOT harass users of the Internet through email or real time messages or incite others to do so, (5) you may NOT send unsolicited email or mass mailings for any reason whatsoever, (6) you may NOT use your BestWeb service to make available objectionable material (including but not limited to pornography and hate material) to other users on the internet.
Limitations of Liability
BestWeb's maximum liability for problems with Customer's service is a prorated credit for time that the service was interrupted due to events under BestWeb's control and where such interruption is greater than four business days from when the customer notifies BestWeb of an interruption. Such credit will be issued only upon written request by the Customer made within 30 days of the interruption.
BestWeb makes no express or implied warranties. BestWeb is not liable for any loss of service, loss or damage to data or damage to equipment or software or any other loss, damage, or inconvenience resulting from reliance on or use of internet access. The Internet may contain information, materials, and language that may be inappropriate or offensive. BestWeb is not responsible for any information received, transmitted, or stored and the Customer releases BestWeb from and agrees to indemnify BestWeb against any and all claims, losses, or expenses relating to such information, materials, and language. This indemnification shall survive the termination of this Agreement.
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BestWeb Corporation 25 South Riverside Avenue Croton-on-Hudson, NY 10520 Customer Support E-mail:support@bestweb.net Phone 1-877-777-BWEB Fax (914) 271-4292 Copyright 1999 BestWeb Corporation - All rights reserved. |