Unacceptable uses include, but are NOT limited to: Bulk emailing, unsolicited emailing, newsgroup spamming, illegal content, pornographic content, copyright infringement, trademark infringement, warez, cracks, software serial numbers, and/or anything else determined by bettahost.com to be unacceptable use of bettahost.com services including abuse of server resources.
Additionally, IRC (or related software), PsyBNC, EggDrop, BitchX, or any related application may not be used or stored (compressed or otherwise) on any of bettahost.com Servers. Failure to comply will result in immediate account termination.
Adult Content, Gambling Sites are NOT Allowed.
All Content must be legal in australia, new zealand, and the United States of America.
bettahost.com provides internet web hosting, domain name registration and management, web promotion, and several other web related services.
This Agreement between the parties shall remain in effect between the parties unless otherwise cancelled or modified by either party in accordance with the terms and conditions set forth herein.
Termination
Either party may terminate this Agreement without cause
upon written notice to the other party. Nothing in this
paragraph however shall limit bettahost.com
right to terminate Customer immediately and without
prior notice for improper use and violations as set
forth herein.
Termination of any domain or account will not be processed without the required procedure. Any person wishing to terminate their account or any domain within their account must login to the members area / client area and submit a cancel request for that domain. This request must be submitted AT LEAST 7 days before the next billing is due. Terminations will not be accepted without completing the termination step mentioned above. No exceptions will be made. The termination procedure is required for your protection as well as ours. The procedure provides evidence that the individual terminating the account is authorized to do so. Once this request is received, and information verified; the user's data will be erased off the server.
In the event that bettahost.com elects to terminate Customer as a result of its improper acts and breach of the terms and conditions contained herein, Customer shall not be entitled to a refund of the balance.
In the event Customer elects to terminate this Agreement, same shall be considered a breach and Customer shall not be entitled to any refund.
In the event that bettahost.com elects to terminate Customer without cause, Customer shall receive a full refund of any pro-rated balance. However, if Customer terminates this Agreement without cause, and in accordance with the notice provision set forth herein, there shall be NO REFUND of any remaining balance.
bettahost.com reserves the right to terminate any customer without prior notice and without assigning any reason.
All Customers acknowledge that Domain Registration Fees
and/or Setup Fees, if any, are Not Refundable.
Liability
Customer agrees that bettahost.com shall
have no liability for the services, data or information
provided to the public on the Internet including but not
limited to any liability for consequential, indirect,
special or incidental damages, regardless of the success
or effectiveness of other remedies.
Customer further agrees that bettahost.com shall not be liable for any damages or losses sustained by Customer for business or other activities conducted on the Internet including but not limited to consequential, indirect, special or incidental damages.
Customer agrees that it shall not hold bettahost.com liable for any loss of business, lost opportunity, consequential, indirect, special or incidental damages as a result of any interruption in service.
bettahost.com is not liable for customer site content backups on their shared hosting platforms. bettahost.com has made every reasonable attempt to protect the security and integrity of customer's web sites but offers no warranty as to the ability to restore site content in the event of a server failure.
IN NO EVENT SHALL bettahost.com LIABILITY EXCEED THE TOTAL VALUE PAID TO bettahost.com BY CUSTOMER.
Representation and/or Warranties
bettahost.com makes no representations
and cannot guarantee that Customer's domain name does
not infringe upon any trademarks, trade names, service
marks or other proprietary rights owned by a third
party. Customer shall not hold bettahost.com
liable for any damages, injuries or losses incurred by
Customer as a result of any action instituted by a third
party.
Client Content, Backups and Data Loss
bettahost.com performs backups of client
content weekly on Linux shared servers. bettahost.com makes every effort to insure that these
backups are valid. bettahost.com assumes no
liability for any information published to any server
including all customer web site content, related files,
backup files, databases or mail belonging to any
customer hosted at bettahost.com . Backup
arrangements for client content for any frequency other
than the standard backup frequency must be made by
written contract and acceptance by bettahost.com
and any such contract will be subject to premium monthly
charges.
bettahost.com assumes no liability for lost content in the event a hardware or system failure occurs and data maintained on the effected servers cannot be recovered from the most recent backup tapes.
Access to client content is provided to all customers at any time. It is the sole responsibility of account owner to insure that they maintain their own backup copy of any materials placed on bettahost.com Servers, or of any database maintained on any server operated by bettahost.com in the event bettahost.com is unable to restore customer content from tape backup. It is the clients responsibility to know the content on their hosting accounts.
AT NO TIME SHALL bettahost.com ASSUME ANY LIABILITY FOR LOST CUSTOMER CONTENT.
Security
Customer understands that the Internet and other various
networking communications are not secure.
Applicable Laws
Customer will ensure that its use of the Internet
and any service provided by bettahost.com to
it complies with all applicable federal, state and local
laws and regulations, including but not limited to all
laws pertaining to copyright, trademark, proprietary
information, intellectual property rights, defamation,
tortuous interference with business, invasion of
privacy, and pornography. In the event that Customer
violates this provision, bettahost.com shall
have the right to consider same a breach of this
Agreement by customer which shall entitle bettahost.com to terminate Customer immediately without
prior notice.
It shall be within the sole discretion of bettahost.com to deem material as inappropriate.
bettahost.com reserves the right to refuse to install and/or accept any hosting account without assigning any reason.
Integrity of Information
Customer is solely responsible for validating the
integrity of the information and data it receives or
transmits over the Internet.
Account Security
Customer shall be solely responsible for protecting
the security of its Internet account and usage.
Customer's password shall be considered private
information and shall not be disseminated or in any
other manner disclosed and/or transferred to third
parties. bettahost.com shall not be liable
for any breach of security caused by Customer or third
parties. IN NO EVENT SHALL bettahost.com
LIABILITY EXCEED THE TOTAL COST OF THIS CONTRACT BETWEEN
bettahost.com AND CUSTOMER.
bettahost.com will use its best efforts to maintain the integrity and security of Customer's password.
Domain Name Ownership
Customer shall be responsible for all costs and fees
associated with its domain name including, but not
limited to all costs and fees for moving same. Customer
shall make payment directly to the issuer. Under no
circumstances shall bettahost.com be
responsible for this cost.
Email Services
bettahost.com email services are
available for hosted customers only. Unauthorized use of
the mail services is strictly prohibited.
Offering FREE Email accounts to site visitors is strictly prohibited and can lead to suspension or termination of hosting contract.
This service is not intended to be used as a secure repository for customer e-mail. Customers store their e-mail on bettahost.com servers at their own risk. POP/IMAP Email services are not to be used to transfer system backups or disk images.
Bandwidth Usage
bettahost.com reserves the right to
review and limit bandwidth on any hosting account
package or domain exceeding reasonable monthly usage or
usage over and above the specified maximum package
limits in accordance with the current price list
published on the web site. Customers exceeding the
allotted usage monitored by bettahost.com
will be given the option to pay for excess usage at a
rate determined and published by bettahost.com, or will be given notice of
suspension of service. A single notification will be
made by E-mail. Failure to respond to the E-mail
notification will constitute an agreement to charge the
account for excessive bandwidth usage.
The Following is Not Allowed On Our Servers
Sites with Banners, Graphics or CGI Scripts running
from their domain used on other domains (example is a
site running a Banner Exchange). High Yield Income
Programs (HYIP) Sites, Web Sites offering download files
or archives (any site where 50% or more of
monthly traffic is from file downloads).
Sites using more than 10% of system resources for longer than 15 seconds.
Web Space provided on bettahost.com servers is NOT to be used for any kind of backups.
Adult Content
Adult-oriented sites are NOT allowed. This
includes sites that are associated with bestiality or
child pornography, sites which promote hate against any
group. Sites of such nature will be removed immediately
and will not be refunded. This is also true for sites
that promote any illegal activity or content that may be
damaging to our servers or any other server on the
Internet, or provide links to such sites.
Hosting Account Ownership
The billing contact, as registered with bettahost.com is considered to be the account owner.
bettahost.com will not transfer ownership,
content, or access to any other party without written
consent of the registered Account Owner.
Legal Action
Customer agrees to indemnify and hold bettahost.com harmless in any legal action which arises
as a result of Customer's use of bettahost.com
services, without limitation or exception including, but
not limited to any action brought against Customer by a
third party.
Changes to this Policy
WE RESERVE THE RIGHT TO CHANGE THIS POLICY AT ANY
TIME BY POSTING CHANGES ON-LINE. YOUR CONTINUED USE OF
THE bettahost.com RESOURCES AFTER CHANGES
ARE POSTED CONSTITUTES YOUR ACCEPTANCE OF THIS POLICY AS
MODIFIED BY THE POSTED CHANGES.
Headings
Headings in this Agreement are for convenience only
and shall NOT be used to interpret or construe these
provisions.
Entire Agreement
This Agreement supersedes all Agreements previously
made between the parties pertaining to the subject
matter of this Agreement. There are no other
understandings or Agreements.
Failure to properly notify bettahost.com via e-mail, telephone or regular mail of disagreement with the above terms and conditions will constitute Customer's acceptance of same.
Renewal
Customer's failure to properly notify bettahost.com of its objections to any of the terms and
conditions set forth herein shall constitute Customer's
acceptance of same.
This Agreement shall automatically renew itself unless otherwise cancelled or terminated by either party in accordance with the notice provision set forth herein.
In the event this Agreement is automatically renewed, Customer agrees to be bound by the Terms and Conditions currently in effect. bettahost.com current Terms and Conditions may be viewed at www.bettahost.com
We guarantee price freeze for the length of a contract. However, renewals may be subject to new prices.
Spam/Bulk Email Policy
*** NOTICE CONCERNING MAILING LISTS, MASS MAILING,
UNSOLICITED MAILINGS (SPAM)***
IN THE INTEREST OF OUR CUSTOMERS, WE FOLLOW A ZERO TOLERANCE ANTI-SPAM POLICY. THERE ARE NO EXCEPTIONS AND NO SECOND CHANCES FOR SPAMMERS.
bettahost.com STRICTLY PROHIBITS THE USE OF THEIR SERVERS TO SEND OR RELAY MASS E-MAIL OR SPAM . IF ANY DOMAIN HOSTED BY bettahost.com PARTICIPATES IN THE SENDING OF UNSOLICITED MAIL, BULK MAILINGS, UNSOLICITED SPOT MAILINGS OR ANY OTHER FORM OF MAILING COMMONLY KNOW AS SPAM, THE DOMAIN WILL BE CANCELLED IMMEDIATELY AND ALL ACCESS TO bettahost.com SERVICES WILL BE TERMINATED. TERMINATION OF THE HOSTING ACCOUNT ON OUR SERVERS APPLIES REGARDLESS OF THE SOURCE/SERVER THE MAIL IS DISTRIBUTED FROM. bettahost.com DOES NOT SUPPORT THE PRACTICE OF SPAM AND WILL TERMINATE THEIR ASSOCIATION WITH ANY COMPANY HOSTED BY OUR SERVERS IF THAT COMPANY HAS BEEN IDENTIFIED AS THE SOURCE OF UNSOLICITED E-MAIL/SPAM REGARDLESS OF THE ORIGINATING SERVER. ALL INFORMATION STORED ON bettahost.com SERVERS WILL BE REMOVED IMMEDIATELY, DNS WILL BE TERMINATED, AND MAIL WILL BE SENT TO THE ABUSE DESK OF THE DOMAIN'S ISP. THERE ARE NO EXCEPTIONS AND NO SECOND CHANCES.
MAILING LISTS HOSTED ON bettahost.com SERVERS ARE NOT TO BE USED TO DEVELOP BULK MAILING LISTS. ACTIVITY FLOWING THROUGH THE SMTP SERVERS HOSTED BY bettahost.com IS MONITORED CONTINUOUSLY AND SECURITY FEATURES AND MONITORING TECHNIQUES ARE INSTALLED IN ORDER TO DETECT AND PREVENT UNAUTHORIZED USE OF OUR SMTP SERVERS.
you must agree to these terms to register an account at bettahost.com