Terms Of Service

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WEBTIDE LTD ("we" or "us") (described as simply HostBS.net in the rest of the document) is a company registered in England and Wales under registration number 14537742. Our registered office address is : 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ, United Kingdom. WEBTIDE LTD Company, including HostBS.NET, subsidiaries, affiliates, divisions, contractors, and suppliers or any party acting on WEBTIDE LTD Company's explicit instructions, (collectively "HostBS.NET", "we", "us" or "our") welcomes you to HostBS.NET (the "Site" or "our website"). These terms and conditions of service (collectively, with our Privacy Policy, located at https://hostbs.net/privacy-policy) govern your use of the site and the services, features, content or applications operated by HostBS.NET. Some of our services are provided by third parties that have their own terms and conditions, these third-party terms are subject to changes at the third party's own discretion.

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1. Jurisdiction and Jurisdictional Disputes, Legal Responsibilities. Where the content states: "You" or "your" or "user" or "Member" or "Customer" includes the person purchasing the services or any party acting on the customer's instructions. "The Registrant" includes the person applying for a domain name or any party acting on the Registrant's instructions. "The Registry" refers to the relevant domain names Registry. "Server" means the computer server equipment in connection with the provision of the Services, may refer to all services. "website" means the area on the server allocated by us to you for use by you as a site on the Internet, may refer to all services. "ToS", "Terms of Use", "Terms of Service" or "Terms" refer to this agreement. "Cookies" are small text files placed on your computer by this Website when you visit certain parts of the Website and/or when you use certain features of the Website. The parties expressly recognize that, where WEBTIDE LTD is acting solely as Customer's host, WEBTIDE LTD is not engaged in, and is not actively soliciting, interstate or international commerce for said Customer. Where WEBTIDE LTD is a named party to any type of dispute or litigation involving any acts by Customer that affect out-of-state persons or entities, Customer agrees that it shall indemnify, hold WEBTIDE LTD harmless, defend WEBTIDE LTD exhaustively (including all legal cost(s), and challenge the jurisdiction of out of state authorities over WEBTIDE LTD). Any threat of legal action against WEBTIDE LTD will result in immediate account and service termination without refund. HostBS.NET reserves the right to modify this policy at any time, effective immediately upon posting of the modification to this page. In consideration of the mutual covenants herein, the parties agree to the following, which shall apply during the term of this agreement:
2. Where the content states:
   1. "You" or "your" or "user" or "Member" or "Customer" includes the person purchasing the services or any party acting on the customer's instructions.
   2. "The Registrant" includes the person applying for a domain name or any party acting on the Registrant's instructions.
   3. "The Registry" refers to the relevant domain names Registry.
   4. "Server" means the computer server equipment in connection with the provision of the Services, may refer to all services.
   5. "website" means the area on the server allocated by us to you for use by you as a site on the Internet, may refer to all services.
   6. "ToS", "Terms of Use", "Terms of Service" or "Terms" refer to this agreement.
   7. "Cookies" are small text files placed on your computer by this Website when you visit certain parts of the Website and/or when you use certain features of the Website.
   8. WEBTIDE LTD reserves the right to modify this policy at any time, effective immediately upon posting of the modification to this page.
   9. In consideration of the mutual covenants herein, the parties agree to the following, which shall apply during the term of this agreement:
3. Limitation on Company Liability. Company shall not be deemed to be in default of any provision of this Agreement or be liable for any failure of performance of the Services and Products (including server interruption) to Customer(s) resulting, directly or indirectly, from any (i) weather conditions, natural disasters or other acts of God, (ii) action of any governmental or military authority, (iii) failure caused by telecommunication or other Internet provider, or (iv) other force or occurrence beyond its control. The current term of this Agreement. COMPANY SHALL NOT BE LIABLE FOR (i) ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS OR LOSS OF REVENUE RESULTING FROM THE USE OF THE COMPANY’S SERVICES AND PRODUCTS BY CUSTOMER OR ANY THIRD PARTIES, OR (ii) ANY LOSS OF DATA RESULTING FROM DELAYS, NONDELIVERIES, MISDELIVERIES OR SERVICE INTERRUPTIONS COMPANY PROVIDES THE SERVICES AND PRODUCTS AS IS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED COMPANY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE AND SUITABILITY OF THE SERVICES AND PRODUCTS AND COMPANY SHALL HAVE NO LIABILITY THEREFORE.

Acceptable Use Policy

1. SYSTEM ABUSE: Any customer in violation of our 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 our system’s security, authentication measures, data or traffic. Interference with the service to any user, host or network including, but not limited to: e-mail bombing, flooding, deliberate attempts to overload the 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. Any attempt at doing harm to a server or a customer of our web hosting services: WEBTIDE LTD will immediately and resolutely react to any attempt at misuse of an Internet account or computer, or any attempt to gain access to an internet account or computer by a WEBTIDE LTD customer unauthorized by the account/computer owner. Such attempts include, but are not limited to the following: ‘Internet scamming’ (tricking other people into releasing their passwords, etc.), password robbery, security hole scanning, running proxy – proxy lists and any kind of proxy scripts (including, but not limited to php proxy and nph proxy),introducing of any computer programs (viruses, Trojan horses, trap doors, back doors, worms, time bombs, packet bombs, cancel bots, etc.) that are intended to negatively interfere with, intercept, irreversibly damage or take hold of any system, data or personal information. It WILL NOT matter whether the attacked account or computer belongs or not to WEBTIDE LTD services. The fraud will be subject to actions based on the very nature of the attack and those may represent a warning, an account suspension or cancellation, and/or civil or criminal legal actions.
2. Background operations/programs on servers: ‘Background process’ is a program that runs in the background of the operating system. What is specific for a background process is that, once started, it runs simultaneously with other foreground processes. This means that, the shell executing the background operation does not wait for it to finish or terminate, as it does with foreground processes, but is free to start executing more operations along with the background one. Background processes are not permitted on any of our shared hosting servers, as they usually lead to CPU overload and can be used for malicious and/or illegal actions. As our primary task is to provide highest quality web hosting service to all our customers, we cannot permit any background processes to be executed and threaten the performance of our server network. Our shared hosting system does not allow a big multitude of users to simultaneously use the system memory and processing time of our servers.
3. Excessive use of system resources: In order to ensure higher server performance and quality of hosting service all shared hosting plans are subject to certain resource limitations concerning, but not limited to, server CPU usage, Memory usage, disk-space and traffic. If a hosting account exceeds the allowed amount of system resources the account owner will be immediately notified to take actions in order to reduce the usage. If such action is not instantly taken by the owner, (the owner can request our support in case the problem cannot be identified) the account will be suspended. (If an excessive CPU usage is detected the account owner will be suggested to place an order for a CPU usage upgrade or upgrade to a plan which allows higher CPU usage.If any hosting account is found to be causing degradation of the server and/or our hosting network’s performance, regardless of the reason, the account will be subject to suspension or immediate removal, depending on the situation. HostBS will be the sole arbiter in determining whether a given account is excessively using the server resources and/or causing a server degradation.
4. The information and content hosted on your server or hosting and any and all actions performed by, on or using your server or hosting are under your responsibility, regardless of which hosting plan and/or add-ons you've selected. You shall effect and maintain adequate insurance coverage in respect of any loss or damage to data stored on the server. We shall not be liable for any damages incurred by data lost due to any incident or by damages incurred by downtime.
5. Your server or your hosting can be used for legal activities as defined by these terms of service.
6. In particular, you represent, warrant and undertake to us that:
   1. You will not use the server in any manner which infringes any Dutch law or Dutch regulation; nor will you authorize or permit any other person to do so.
   2. You will not post, link to or transmit:
      • (b) any material containing a virus or other hostile computer program.
      • (c) any material which constitutes, or encourages the commission of a criminal offense.
      • (a) any material which is unlawful, abusive, malicious, threatening or otherwise objectionable as determined by HostBS.NET.
7. Surpassing your allotted bandwidth of your server may cause our system to automatically suspend the server and/or downgrade its bandwidth port. It is your responsibility to track your bandwidth usage and let us know if you wish to upgrade your bandwidth. Excluding rare occasions, we will not suspend your server without emailing you a warning describing your high bandwidth usage. If you surpass your allotted disk/bandwidth usage as set forth in your purchased plan, you agree to purchase the excess in blocks as set forth on our website. Such payment to be immediate and non-disputable.
8. You cant use your web hosting space as a files backup, all backups files are automatically destroyed without any notification.
9. You will not use any of our VPS Hosting or Metered Dedicated Servers for the purpose of content streaming or any other known bandwidth-intensive activity without prior written approval from HostBS.NET. Bandwidth-intensive activity is any activity that yields bandwidth usage of over 250 Mbps as measured by us through the use of 95th percentile billing. High-bandwidth activities may include but are not limited to content streaming, live streaming, and video streaming.
10. HostBS.NET reserves the right to require changes or disable as necessary any website, account, database, or another component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.
11. HostBS.NET reserves the right to charge the holder of the account which abused our services a cleanup fee or any charges incurred for blacklist removal or other actions required to reverse the effects caused by the abuse.
12. Members using HostBS.NET's shared hosting plans are not allowed to host adult content, IRC bots/bouncers, Bitcoin miners, image hosting, or content that may cause a political uproar and/or provoke attacks
13. Members using HostBS.NET's VPS hosting plans are not allowed to host IRC bots/bouncers, Bitcoin miners, or content that may cause a political uproar or provoke attacks.
14. You shall keep secure any identification, password and other confidential information relating to your account and shall notify us immediately of any known or suspected unauthorized use of your account or breach of security, including loss, theft, or unauthorized disclosure of your password or other security information.
15. You shall observe the procedures which we may from time to time prescribe and shall make no use of the server which is detrimental to our other customers.
16. You shall procure that all mail is sent in accordance with applicable legislation (including data protection legislation) and in a secure manner.
    1. Sending unsolicited mail messages, including, without limitation, commercial advertising and informational announcements, is expressly prohibited.
    2. A Member shall not use another site's mail server to relay mail without the express permission of the site.
17. It is contrary to WEBTIDE LTD policy for Members to use our servers to effect or participate in any of the following activities:
    1. (1)To post to any Usenet or another newsgroup, forum, e-mail mailing list or other similar group or list articles which are off-topic according to the charter or other owner-published FAQ or description of the group or list.
    2. (2)To engage in any of the foregoing activities using the service of another provider, but channeling such activities through a HostBS.NET provided server, or using a HostBS.NET provided server as a maildrop for responses.
    3. (3)To falsify user information provided to HostBS.NET or to other users of the service in connection with the use of a HostBS.NET service.
18. Consequences of Violation: HostBS.NET may, at its sole discretion, restrict, suspend, or terminate a member's account/services and/or pursue other civil remedies if there is a reason to believe the member violates the terms as presented on this page.
19. You shall be held liable for any and all costs incurred by HostBS.NET as a result of your violation of these terms and conditions including, but not limited to, attorney fees and costs resulting from Postmaster responses to complaints from and the cleanup of unsolicited commercial mailings and/or unauthorized bulk mailings and/or news server violations. HostBS.NET 's current hourly rate for Postmaster responses to complaints and cleanup of unsolicited commercial mailings and/or unauthorized bulk mailings and/or news server violations is US $100 per hour, with a minimum one (1) hour charge, plus US $1 for each bulk-email or Usenet message sent, plus US $1 per complaint received.
20. HostBS.NET does not issue service credits, compensation, or refunds for any outages incurred through service disablement resulting from violations of any terms and conditions.
21. Any access to other networks connected to HostBS.NET must comply with the rules appropriate for those other networks. While we will use every reasonable endeavor to ensure the integrity and security of the server, we do not guarantee that the server will be free from unauthorized users or hackers and we shall be under no liability for non-receipt or misrouting of email or for any other failure of email or for any other damages caused by unauthorized access to your server.

Knowledge to use Services

1. Spam & DDoS We take a zero-tolerance stance against sending of unsolicited e-mail, spam or (D)DoS attacks of any kind. Any user who sends out spam or attacks will have their account terminated without notice. "Safe lists" and purchased lists will be treated as spam. Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, phone, postal mail, email, instant messaging, or Usenet/newsgroups. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated, based on our discretion.
2. Storage & Backups. HostBS.NET shall store Customer’s web sites, files, email and databases on their servers. The parties expressly recognize that internet servers and links are susceptible to crashes, down time, vulnerabilities and that from time to time HostBS.NET may need to preform maintenance on their services. Customers with unmanaged services are to manage their own backups at their own expense. HostBS.NET is not responsible for data that customer may have lost due to said crashes, down time or vulnerabilities. Due to the nature of computer hardware, HostBS.NET is not liable for any data loss occured.
3. Maintenance. HostBS.NET may temporarily suspend all service for the purpose of repair, maintenance or improvement of any of its systems, or whatever it deems necessary to maintain adequate services. However, HostBS.NET shall provide prior notice within 24 hours for all scheduled maintenance. Emergency maintenance may be carried out at any time, with or without notification. Invalid rDNS records may be removed at our sole discretion. For all customers, efforts must be made to ensure that their service do not get listed, banned or blocked, by any firewalls or blacklists. HostBS.NET will not be able to provide a replacement IP address for actions caused by customer's negligence.
4. Bandwidth & Network. HostBS.NET agrees that it shall maintain a minimum of 1Gbps connections to its servers. However, HostBS.NET does not guarantee any response rate or download speed beyond our control, as this is depending on Customer's and End User's internet connections; HostBS.NET does NOT guarantee a set internet speed. HostBS.NET recommends, however, that the customer should take advantage of HostBS.NET network looking glasses, prior to placing an order with HostBS.NET. HostBS.NET does not guarantee that any IP address space will be globally accessible due to factors out of our control.
5. Bandwidth Quota. Services are suspended after reaching 100% bandwidth quota in any given month, unsuspension occurs within the first three business days of each calendar month. Customer's refund rights will be voided if more than 10% of package's bandwidth quota is used.
6. DDoS Protection. HostBS.NET offers DDoS protection to services in selected datacenters as a complimentary service. This service is not guaranteed and HostBS.NET may blackhole targeted IP(s) or suspend targeted service if attack traffic bypasses our mitigation facilities. HostBS.NET reserves the right to suspend or terminate services that are frequent targets of DDoS attacks. A service will be suspended if it sends or originates any DDoS attack. Service re-activation or termination after the suspension will be at our sole discretion.
7. Security. The parties expressly recognize that it is impossible to maintain flawless security, therefore the customer is solely responsible for properly securing their hosting service provided by HostBS.NET including changing initial passwords and making any security adjustments and patches over time. Customer is solely responsible for any damage caused by such unauthorized access, and Customer indemnifies and holds HostBS.NET harmless for any compromise of Customer’s security that resulted from their own actions, the actions of HostBS.NET or the actions of any third party.
8. Reseller Terms and Client Responsibility
   1. Shared accounts may not be used to resell web hosting to others. If you wish to resell hosting you must use a reseller account.
   2. Resellers shall ensure that each of its clients, customers or users (“Reseller Users”) complies with this Agreement, including for the sake of clarity, Appendix A.
   3. Resellers are responsible for supporting Reseller Users, including but not limited to providing customer service, billing support and technical support. The Company does not provide support to Reseller Users.
   4. If a Reseller User contacts us, we reserve the right to place a reseller client account on hold until the reseller can assume responsibility for the Reseller User.
   5. All support requests must be made by the reseller on Reseller User’s behalf for security purposes.
   6. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of Reseller Users. The Company may hold any reseller responsible for any of their client’s actions that violate the law or this Agreement.
   7. The Company is not responsible for the acts or omissions of our resellers. The reseller hereby agrees to indemnify the Company from and against any and all claims made by any User arising from the reseller’s acts or omissions.
   8. The Company reserves the right to revise our Reseller Program at any time. Changes shall take effect when posted online or on any subsequent date as may be set forth by the Company.
   9. Resellers in the the Company’s Reseller Program assume all responsibility for billing and technical support for each of the Users signed up by the reseller.
   10. The verification of your identity is required, verifying your identity is required to allow you to use our services. You may need to provide us with certain information and/or documents as requested at anytime, in order to facilitate these checks.
Service Migration & Transfers.
1. cPanel Account Migrations. cPanel shared hosting accounts are eligible for a free migration of one account; cPanel reseller hosting accounts are are eligible for 10 free account migrations. Customer must ensure the availability of the original server and requests are to be made to the support department. Migrations are normally scheduled by HostBS.NET and can take up to 48 hours from when the request is acknowledged.
2. Domain Transfers. Domain transfers are possible for domain names that have been registered for at least 60 days, are in an "unlocked" state and with WHOIS privacy disabled. HostBS.NET requires a domain authorization key (EPP code) from the customer for every transfer.
3. Inter-Account Service Transfers. Requests must be made to the billing department clearly stating: package name, domain name or hostname, destination account email. Both the sending and receiving account must in good standing with current service(s) and with no overdue invoices or abuse / violations. Requests are approved individually at the discretion of the billing department.
4. Migrating account to another provider you take all responsibility to take backups of all your files and migration.
5. Backup restoration fee if you are required backup restoration or files access for any reason and your request was made after 7 days of your account suspension, then you will need to pay a restoration fee.
9. Client Conduct:

   Under no circumstances will we tolerate threatening or abusive behavior towards our staff. Should this occur, we reserve the right to terminate the hosting agreement with immediate effect.

   Should the client, during the course of a telephone conversation, email, live chat or support ticket, make reference to "legal action" or say anything we might reasonably understand to imply or infer that the client may intend to pursue a legal claim against us, we reserve the right to refuse telephone support going forward. Any further correspondence must then be sent by email or support ticket.

   Should we feel that your needs would be better served by another provider, we reserve the right, at our sole discretion, to terminate the hosting agreement. Where it is reasonable to do so, we will provide 30 days notice of termination and provide a backup of all website content and email.

   The service may be suspended and no refunds will be provided if customer is found to be running anything listed above. This list is not exhaustive and is intended to give customers indication of the types of uses that are disallowed at HostBS.NET.

10. Rights on Termination

    Termination of this agreement does not affect your pre-existing liability, if any or affect our right to recover damages or pursue any other remedy in respect of any breach of this agreement by you.

    In the event of us terminating this agreement due to breach of these conditions by you, we shall be entitled to the balance of all payments which would but for such termination have accrued up to the earliest date on which this agreement could have been terminated by you.

    Setup fees are non-refundable. Any disputes should be expressed in writing via a valid written contact method.

11. Email Communication. All customers are subscribed to our email newsletters upon signing up. The customer may opt-out from the client area or by clicking the unsubscribe link embedded in each newsletter. Transactional, service-related, account-related, operational and notification emails will be sent regardless of the subscription status.
12. Privacy. Message and data encryption is possible on HostBS.NET, however Customer is solely responsible for encoding their web site, content, and data to conform with generally accepted encryption standards, and Customer indemnifies and holds HostBS.NET harmless for any compromise of Customer's encryption method. HostBS.NET respects the individual privacy of each customer, however breaches in security and personal mistakes on the part of our employees do happen. Customer agrees to indemnify and hold HostBS.NET harmless and blameless for any compromisse of personal, business, or private information in any form.
13. Miscellaneous. Failure by either Company (HostBS.NET) or Customer to enforce any of the provisions of this Agreement or any rights with respect hereto or the failure to exercise any option provided hereunder shall in no way be considered to be waiver of such provisions, rights or options, or to in any way affect the validity of this Agreement. If one or more of the provisions contained in this Agreement are found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
4. We will review claims of SLA violations during normal business hours and will apply any applicable credit to the Customer's account within up to two billing cycles after HostBS.NET receives the Customer's compensation request.
5. Notwithstanding any contrary provision in this SLA, HostBS.NET shall not be liable to reimburse in any form for failure to meet any of the guaranteed service levels where such failure arises from any one or more of the following:
   1. DDoS or DoS attacks, security breaches, natural disasters, hardware related issues, scheduled downtime, maintenance, or upgrades.
   2. Maintenance by local public telecommunications and telegraph service providers on access circuits between HostBS.NET and the clients’ websites;
   3. Software maintenance done on HostBS.NET’s network.
   4. Emergency maintenance or upgrades, where such maintenance or upgrades are required by the occurrence of any events outside of HostBS.NET's control;
   5. Failure of access circuits to the HostBS.NET Network, unless such failure is caused solely by HostBS.NET;
   6. Erroneous SLA outages reported as a result of outages or errors of any HostBS.NET measurement system;
   7. Problems outside of HostBS.NET’s network (upstream providers, or client’s inbound connection) not effecting 100% packet loss to our network, and interruptions or failures of individual service caused by Customer, Customer’s agents or employees, Customer’s clients, or other third parties, to Customer’s service. These interruptions and failures include, but are not limited to, the following:
      1. Inaccurate or problem-causing configuration,
      2. Third-party software,
      3. Customer’s abuse or over-utilization of resources,
      4. Acts or omissions of any person for whom HostBS.NET is not responsible, or
      5. Any causes whether similar or otherwise outside HostBS.NET’s control;
   8. Circumstances beyond HostBS.NET’s reasonable control and force major events including but not limited to the following:
      1. catastrophic incidents, vandalism, lightning, power failure, fire, flood, earthquake, acts of nature, emergency, acts of any governmental body, war, insurrection, sabotage, armed conflict, terrorism, embargo, riots, curfew, strike or other labor disturbance, industrial disputes, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third-party services, virus attacks, worms, Trojans, spyware, adware or other malware, failure of third-party software (including, without limitation, e-commerce software, payment gateways, chat, statistics, or free scripts) or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of this SLA;
      2. DNS (Domain Name System) issues outside the direct control of HostBS.NET;
      3. DNS propagation;
      4. Any negligence, willful misconduct, or use of HostBS.NET’s service in breach of HostBS.NET’s Terms of Service, Acceptable Use Policy, or No-Spam Policy;
      5. Faults caused by the client’s equipment, applications, interconnected equipment, networks, systems or gateways and/or the acts or omissions of the Customer, third-party components whether within or outside HostBS.NET’s network or the acts or omissions of local exchange carriers or failure of third party services;
      6. Outages elsewhere on the Internet that hinder access to your account or services.
      7. Disconnection and/or reconnection of the services due to non-payment of any charges payable to HostBS.NET or where the services are disconnected by reason of it being used for any illegal, unlawful, or other objectionable purpose described in the TOS, AUP, or No-Spam Policy.
      8. A customer moving from the server where downtime occurred to another HostBS.NET server in the same calendar month.

Mandatory Arbitration Agreement For Dispute Resolution

1. Mindful of the high cost of litigation, you and WEBTIDE LTD agree to the following dispute resolution procedure: in the event of any controversy, claim, action or dispute arising out of or related to:
   1. the Website;
   2. this Agreement;
   3. the Services;
   4. the breach, enforcement, interpretation, or validity of this Agreement; or
   5. any other dispute between you and WEBTIDE LTD ("Dispute"), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent to (1) if to WEBTIDE LTD at: the offices of our registered agent or (2) if to you at: your last-used billing address in your Account information. Both you and WEBTIDE LTD agree that this dispute resolution procedure is a condition precedent that must be satisfied prior to initiating any arbitration or filing any claim against the other party.
2. In the interest of resolving disputes between you and WEBTIDE LTD in the most expedient and cost-effective manner, you and WEBTIDE LTD agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms.
3. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND WEBTIDE LTD ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

Payments, Cancellations, Disputes & Chargebacks

1. Invoices for recurring services are generated at least seven days in advance of the due date. Invoices past due by three days incur a late fee of 12% of invoice total or $2 (whichever is greater) unless prior arrangements have been made to billing department. Overdue services are subject to Suspension and Termination.
2. All charges payable by you for the Services shall be in accordance with the scale of charges and rates published from time to time by us on our website and shall be due and payable in advance of our service provision.
3. We reserve the right to change pricing at any time although all pricing is guaranteed for the period of prepayment.
4. You are responsible for monitoring resource usage of your website or server. If you utilize more resources than those indicated in your current plan; you will assess a surcharge as set forth in our pricing structure.
5. Payment is due each anniversary month, quarter, half-year, or year following the date in which the services were established until a cancellation request is given by you.
6. We require our customers to submit a request for service cancellation through our client area system no later than seven days before the service's due date as it appears on our system. In any case, a member fails to submit such request he will be held liable for all charges that are to be due at the service's due date (or one day before the due date, for that matter).
7. Reversal of payment of any type is unacceptable. Such reversals include but are not limited to PayPal dispute or charge-back, credit card or bank charge-back, bank reversal and any other act that reverts the payment made to HostBS.NET. You confirm that such reversals will not take place to the best of your abilities and that if such do take place you will find an alternative funding source and pay the required amount within two hours from the moment the reversal occurred.
8. When HostBS.NET is informed of a reversal of payment done on your account, your services and/or products and/or add-ons will be suspended immediately. If the reversal is not resolved within 24 hours, the services and/or products and/or add-ons may be terminated.
9. Renewal of access to the server or its data may sometimes be possible after the reversal is resolved if the service has not yet been terminated. Renewal of access will require a $50 reversal resolution fee which must be paid before access to the server or data is restored.
10. Without prejudice to our other rights and remedies under this Agreement, if any sum payable is not paid on or before the due date, we shall be entitled forthwith to suspend or terminate the provision of Services to you.

Account Termination

1. HostBS.NET reserves the right, in our sole discretion, to terminate your access to all or any part of the Services at any time, with or without notice, effective immediately, including but not limited to as a result of your violation of any of these Terms of Service or any law, or if you misuse system resources, such as, by employing programs that consume excessive network capacity, CPU cycles, or disk IO. Any such termination may result in the forfeiture and destruction of information associated with your Account.
2. HostBS.NET may provide prior notice of the intent to terminate Services to you if such notice will not, in HostBS.NET's discretion, run counter to the intents and purposes of these Terms of Service.
3. Except as otherwise set forth hereunder, any and all fees paid hereunder are non-refundable and any and all fees owed to HostBS.NET before such termination shall be immediately due and payable, including any liabilities that may have been incurred prior to termination such as HostBS.NET's costs for collection (including attorneys' fees) of any such charges or other liabilities.
4. Upon termination, any and all rights granted to the Member by this Agreement will immediately be terminated, and the Member shall promptly discontinue all use of the Services.
5. All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
6. If you fail to pay any sums due to us as they fall due, we may suspend the Services and/or terminate this Agreement forthwith without notice to you.
7. If you are a company and you go into insolvent liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors, we shall be entitled to suspend the Services and/or terminate this Agreement forthwith without notice to you.

Indemnity

1. YOU SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS US, OUR AFFILIATES, PARENTS, SUBSIDIARIES, ANY RELATED COMPANIES, LICENSORS AND PARTNERS, AND EACH OF OUR AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, CONTRACTORS, DIRECTORS, SUPPLIERS AND REPRESENTATIVES FROM ALL LIABILITIES, CLAIMS, AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, THAT ARISE FROM OR RELATE TO YOUR (OR ANY THIRD PARTY USING YOUR ACCOUNT OR IDENTITY IN THE SERVICES) USE OR MISUSE OF, OR ACCESS TO, THE SERVICES, CONTENT, OR OTHERWISE FROM YOUR USER CONTENT, VIOLATION OF THESE TERMS OF SERVICE OR OF ANY LAW AND/OR REGULATION, OR INFRINGEMENT OF ANY INTELLECTUAL PROPERTY OR COPYRIGHT OR OTHER RIGHT OF ANY PERSON OR ENTITY.
2. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL ASSIST AND COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES.

Limitation Of Liability

1. IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES
   1. FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), OR
   2. FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR
   3. FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF FEES PAID TO US FOR THE PARTICULAR SERVICES DURING THE IMMEDIATELY PREVIOUS ONE MONTH PERIOD, EVEN IF WEBTIDE LTD HAD BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY THEREOF.
   THE MEMBER ACKNOWLEDGES THAT THE FEES PAID BY HIM OR HER REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT WEBTIDE LTD WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS. THE MEMBER HEREBY WAIVES ANY AND ALL CLAIMS AGAINST WEBTIDE LTD ARISING OUT OF THE MEMBER'S PURCHASE OR USE OF THE SERVICES, OR ANY CONDUCT OF WEBTIDE LTD'S DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICES OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO OR USE OF THE SERVICES.
2. IN ADDITION, YOU AGREE THAT WEBTIDE LTD IS NOT RESPONSIBLE FOR ANY DATA COMPILED BY OUR SERVICES AND THAT WEBTIDE LTD WILL NOT BE LIABLE, IN ANY MANNER, AS A RESULT OF YOUR EXPOSURE TO ANY DEFAMATORY, LIBELOUS, THREATENING, UNLAWFULLY HARASSING, OBSCENE OR OTHERWISE UNLAWFUL CONTENT OR DATA. IN NO EVENT SHALL WEBTIDE LTD, OR ANY THIRD PARTY PROVIDER OF ANY COMPONENT OF THE SERVICES OR OF ANY INFORMATION DELIVERED AS PART OF THE SERVICES, BE LIABLE TO YOU AND/OR ANY PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES ARISING OUT OF OR RELATED TO THE SERVICES, CONTENT, PRODUCTS, THE USE OR INABILITY TO USE THIS WEBSITE, OR ANY LINKED WEBSITE, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, OR OTHER ECONOMIC LOSSES, LOSS OF PROGRAMS OR OTHER DATA, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF WEBTIDE LTD IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING LIABILITY ASSOCIATED WITH ANY VIRUSES WHICH MAY INFECT YOUR COMPUTER EQUIPMENT.
3. SOME JURISDICTIONS LIMIT OR PROHIBIT THE FOREGOING LIMITATIONS, AND IN SUCH JURISDICTIONS THE FOREGOING LIMITATIONS SHALL BE APPLIED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Service Availability

1. We shall use our reasonable endeavors to make available to you at all times the server and the Services but we shall not, in any event, be liable for interruptions of Service or downtime of the server and/or the Website and/or the Registry.
2. We shall have the right to suspend or terminate the Services at any time if we suspect a violation of terms of service or misconduct took place.
3. We also reserve the right to decline services/hosting to any client as we feel necessary and hold no liability. By placing an order, you are submitting a service application which we may accept or reject.
4. The member is solely responsible for the preservation of the member's data which the member saves onto its server (the "Data"). EVEN WITH RESPECT TO DATA AS TO WHICH THE MEMBER CONTRACTS FOR BACKUP SERVICES PROVIDED BY WEBTIDE LTD, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WEBTIDE LTD SHALL HAVE NO RESPONSIBILITY TO PRESERVE DATA. WEBTIDE LTD SHALL HAVE NO LIABILITY FOR ANY DATA THAT MAY BE LOST, OR UNRECOVERABLE, BY REASON OF THE MEMBER'S FAILURE TO BACKUP ITS DATA OR FOR ANY OTHER REASON.
5. In any case outages and downtime produced by causes out of WEBTIDE LTD 's control, refunds will not be sent and compensation may be limited or non-existent. Such causes include natural disasters and other uncontrollable events.
6. “Network Uptime” is the total time in a calendar month that the resource with guaranteed uptime is available through the Internet, provided that Customer has established connectivity. We take responsibility for network availability within our network and for network outages from our bandwidth and connectivity provider, except when such network outages are excluded by other sections of these terms; however, we shall not be liable for any upstream problems outside of our network. Our guarantee is that our network will be available to Customer free of Network Outages 100% of each calendar month.

Refund Policy

1. WEBTIDE LTD may or may not provide a refund to any customer at its sole discretion, depending on the specifications of each and every individual case.

2. All refunds are at the sole and exclusive discretion of HostBS.NET, and we reserve the right to refuse to offer a refund for any reason or for no reason, including in all instances in which a Subscription is terminated by us, whether for cause or not. Refunds will not be offered for Subscriptions that bundle purchases, or product upgrades. Free WHMCS license Bundles and Yearly subscriptions are not eligible for refunds due to the nature of their extreme discounted rate. Please note that by purchasing a hosting such as the Service or the Product, you agree to the terms of their respective refund policies.

   All offers and promotional code or trial period are not eligible for refunds due to the nature of their extreme discounted rate. Please note that by purchasing a hosting such as the Service or the Product, you agree to the terms of their respective refund policies.

   VPS and Dedicated servers for which we require a cancellation notice a minimum 30 days before the next billing date. Licenses, domains, IP addresses, SSLs and management services are not eligible for refunds.

   Any disputes should be expressed in writing via a valid written contact method as listed on our contact page.

   A breach of any of our terms and conditions will result in immediate termination with no refund.

   Trial period are non-refundable.

   WHMCS License are non-refundable.

   Websites transfer fees are non-refundable.

   Setup fees are non-refundable.

3. Every new server incurs an estimated 35% setup fee charge that is transparently discounted from the total server cost to the customer. As a result, the setup is usually free. In cases when the customer requests a refund for any reason, this implied 35% setup fee will not be refunded. This includes cases in which the customer does not wish to complete our fraud prevention procedure for any reason.
4. If we are uncertain whether a certain payment is a valid payment (and not a fraud payment), we reserve the right to demand a copy of further identifying documents (such as a government-issued photo ID). By ordering our services, you agree to provide such identifying documents upon request. Failure to provide such documents within 48 hours from the moment requested may cause order cancellation and payment refund of 75% from the original amount paid (up to 35% of the original order payment may not be refunded, at our sole discretion).
5. Disputes & Chargeback. Raising a billing dispute, claim or chargeback with our payment processors may result in instant suspension or termination of all services within the customer account. Customer account details may also be reported to FraudRecord.com and/or law enforcement agencies.
6. Account Credit. Account credits are automatically applied to new invoices until exhausted. Account credit "Add Funds" invoices may be requested from the billing department, given the account is in good standing. If an account has a positive credit balance, it will be displayed in the client area. Account credits do not expire and may not be withdrawn.

Support Services

1. The support feature of our service at present time consists of our Support System solving only server related problems that prevent the normal function of the server as it would function at the moment it is delivered to the customer (in the form of a welcome email).
2. You may purchase our technicians' services at the rate of USD $75 per hour, with one hour minimum billed. We reserve the right to waive or alter this fee at any time.
3. Support can only be addressed in English through our Support System. All Support requests are to be processed through our Support System.
4. HostBS.NET can't guarantee support reply times. Support may sometimes take as long as 48 business hours or more to reply to support tickets and requests. This may happen in rare cases and is not the norm, by any means.
5. For that matter, the setup of new products, services or add-ons may sometimes take up to 48 business hours and more.
6. Slow reply times are not a reasonable cause for a refund. Even though 24x7 (twenty-four hours, seven days a week) Support is one of the features that we provide with almost all of our services, we reserve the right to cancel this feature at any time and to no longer provide this type of support without prior notice.
7. We would like to note that such action will only be taken under the most extreme circumstances when we believe a customer is wasting precious valuable support resources or when we otherwise believe it's vital that the support for the specific customer will be blocked.

Domain Name Registration

1. We make no representation that the domain name you wish to register is capable of being registered by or for you or that it will be registered in your name.
2. You should therefore not assume registration of your requested domain name(s) until you have been notified that it has or they have been registered.
3. Any action which is taken by you before such notification is at your risk.
4. The registration and use of your domain name are subject to the terms and conditions of use applied by the relevant naming authority; you shall ensure that you are aware of those terms and conditions and that you comply with them.
5. You shall have no right to bring any claim against us in respect of refusal to register a domain name.
6. Any domain-related charge paid by you to us shall be non-refundable notwithstanding refusal by the naming authority to register your desired name.
7. We shall have no liability in respect of the use by you of any domain name; any dispute between you and any other person must be resolved between the parties concerned in such dispute. If any such dispute arises, we shall be entitled, at our discretion and without giving any reason, to withhold, suspend or cancel the domain name or service.
8. We shall also be entitled to make representations to the relevant naming authority but will not be obliged to take part in any such dispute.
9. We shall not release any domain to another provider unless full payment for that domain has been received by us.

Affiliate Program

1. We offer an affiliate program that allows you to share a unique referral link with others who have never used our services before in any way or form and receive a commission for their purchases, as well as offer them a special discount code.
2. The referral link uses cookies. If cookies are not enabled by the person you referred, you will not receive the commission for their purchases. The only way to receive the commission is by having your referral click your referral link with cookies enabled and place an order.
3. In order to be eligible to receive the affiliate discount and/or the affiliate commission, the account profile information of the referring user, as well as the user being referred, must be accurately set at the time of order. This includes the full legal name, the accurate address and the phone number of the two users. We reserve the right to require a copy of a government-issued photo ID of the referring user and the user being referred before authorizing an affiliate discount or an affiliate commission.
4. Use of a VPN or a proxy of any kind when accessing our website by the referring user or the referred user is strictly prohibited. Such use will immediately make the referring user and the referred user ineligible for the affiliate discount and/or the affiliate commission.
5. Deceiving users to make them click your unique affiliate link, spamming your unique link, or posting your unique link on a coupon website of any kind is strictly prohibited. Doing any of the above mentioned prohibited activities will invalidate your affiliate account and any pending payouts it may have.
6. We reserve the right to decline affiliate commission and/or affiliate discounts at our sole discretion for any reason.
7. Eligible affiliate commission will be paid out to the affiliate's PayPal account within no more than 3 months from the moment the written withdrawal request is received. Any and all fees and taxes related to such commission payment will be the sole responsibility of the affiliate.

Torturous Conduct

1. No member shall post defamatory, scandalous, or private information about a person or company without their consent.
2. Any abuse, hostility, or abusive language towards any HostBS.NET employee or HostBS.NET as a whole will not be tolerated and will be considered a breach of these terms and conditions.
3. You are expected to contact our staff in a professional and respecting manner. Any threat; whether verbally, orally, written, or delivered by second parties directed towards HostBS.NET or any of its employees, partners, equipment, and concerns shall be construed as a violation of this TOS.
4. Any conduct viewed as violating this section shall be considered a violation of this TOS.
5. No refunds shall be given when the contents of this section cause a removal and/or termination and/or cancellation of the account and/or services.
6. The details you provide to us about yourself (including but not limited to your full name, your address or your personal phone number) must at all times be accurate. In case we find that the details provided are inaccurate in any way - we reserve the right to assume fraudulent activity under your account and terminate it without any refund or notice.

Entire Agreement

1. These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between us in relation to such matters.
2. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions.
3. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement.
4. HostBS.NET reserves the right to amend these TOS at any time and without notice. Amendments and modifications shall take effect immediately when posted on the Website. By continuing to access or use the Services after any such amendments or modifications, you agree to be bound by such amended or modified Terms of Service. For this reason, we encourage you to review the Terms of Service whenever you use the Services. If you do not agree to any change to these Terms of Services, then you must immediately stop using the Services.
5. HostBS.NET does not guarantee to provide any product, service, or addon arranged and/or confirmed by a HostBS.NET staff member or on our website as errors and omissions are expected. Products and/or services are provided based on existing stock. This may often be assessed after the order is placed.
6. All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

Please do not purchase any of our services unless you completely understand this agreement and all of its parts. We are here to help with any questions or concerns.

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