MyBBWebHost's Terms of Service
1. Customer's Acknowledgment and Acceptance of Terms of Service
BY USING THE MYBBWEBHOST SITE AND SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND ALL OTHER APPLICABLE DOCUMENTS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF SERVICE, PLEASE EXIT THIS SITE NOW. IF YOU ARE DISSATISFIED WITH THE MYBBWEBHOST WEBSITE OR ITS SERVICES, YOU MAY STOP USING THE SITE AND/OR THE PARTICULAR SERVICES. YOUR AGREEMENT TO THESE TERMS OF SERVICE BECOMES IMMEDIATELY EFFECTIVE UPON YOUR CONTINUED USE OF THE SITE AND/OR SERVICES.
2. Services Offered by MyBBWebHost
MyBBWebHost offers services such as virtualized shared web hosting and domain registration. You are solely responsible for providing any equipment necessary for access or use of the services, including a computer, modem, and Internet access - including any expenses.
MyBBWebHost reserves the sole right to modify or discontinue any part of the site or services, at any time, with or without notice. We reserve the right to cancel, suspend, and terminate any account without refund for failure to comply with the Agreement. We will not be held liable to you or any third party should we exercise this right.
3. Backup Services
As per our product details, MyBBWebHost provides a nightly backup service for all hosting clients. The backup service is provided on an as-is and as-available basis, as supplement to, and not in leiu of your own backup programs. While we will use commercially reasonable efforts to ensure that our backup service is effectively operating, you agree that no backup program or service is error-free or fail-safe. The backup service may be used to restore data, however the data restoration may not always result in the data retaining the same or similar configuration.
Because backup services are designed for disaster recovery, MyBBWebHost holds no obligation to provide data in the event that you or a third party requests that data held by us as a result of the backup services for use other than disaster recovery. Should we determine, at our sole and exclusive judgement, to provide the data to you it will be provided at our convenience. You will also be held responsible for any attorney's fees we incur in reviewing, responding to, or producing your data.
4. Registration, Personal Information, and Privacy
All Customers of MyBBWebHost must submit personal information during registration via the Order Form. This information includes your First and Last name, Email Address, Address, City, State/Region, Zip Code, Country, Phone Number, and Password ("Registration Information"). It is a requirement that the Registration Information is complete, accurate, and current at all times, with all information belonging directly to the Customer.
5. Customer Payments
MyBBWebHost makes use of term billing, which requires payment following completion of the term (monthly, semi-annually, or annually) on the same day of the month as the original purchase. Invoices are generated 10 days prior to the due date.
The total amount of the purchase price shall be made payable in full to MyBBWebHost by the due date. Any payments that remain unpaid after three days (72 hours) are subject to a non-refundable late fee of $5, and the hosting account to which the invoice purchase is corresponding to will be suspended.
Failure to pay the full purchase price in 60 days will result in the irreversible and unrecoverable termination of the hosting account and deletion of all files and resources associated with it. MyBBWebHost may then redistribute any resources previously allotted to the terminated account.
Hosting accounts will be individually protected from future price increases or changes. The price agreed to at the start of the payment term (excluding any promotion) will remain for the life of the account.
6. Account Cancellation
The Customer may choose to cancel his or her hosting account for any reason or no reason. All cancellation requests must be sent officially via email or the Client Area to the Billing Department. We may require additional information to confirm the cancellation request.
Upon cancellation of an account, invoices for it will no longer be generated. After the cancellation is confirmed, MyBBWebHost reserves the right to immediately terminate the account. No account backups will be provided after account cancellation.
The Customer agrees that MyBBWebHost does not provide pro-rated refunds for cancellation. Any and all fees associated with the account will not be refunded.
7. Account Resources and Overages
Resource allocation for each hosting account, including disk space and data transfer, is explicitly stated on the website and during the order process. Clients are expected to monitor account resource usage and upgrade accordingly when a limit is approached.
Our software will generally suspend accounts that surpass their resource limits to protect the server from further resource abuse. Clients should contact Billing immediately to pay for overages and upgrade their account. If our software fails to suspend the account, the client is still responsible for paying all accrued overage fees.
Overage fees will be billed for each invoice cycle at the end of the invoice cycle. Disk space overage shall be billed $0.0040 per megabyte, and data transfer overage shall be billed at $0.00030 per megabyte, rounded up to the nearest cent.
Except as explicitly stated in this section, all payments made to MyBBWebHost are strictly non-refundable. This includes setup fees and monthly account fees, regardless of usage. All billing disputes must be reported within thirty (30) days of the time that the dispute occurs. Chargebacks (via PayPal or any credit card company) initiated by the Customer are against the Agreement and are subject to termination of the account.
As per the 30 Day Money Back Guarantee, the Customer may submit a ticket and request a refund for the original payment for shared hosting accounts. The request must be sent within 30 days, otherwise the Money Back Guarantee is no longer valid. Setup fees, domain names, dedicated IP addresses, or other add-on products and charges are not valid under the Money Back Guarantee. If the original payment is made with a promotional offer in which the purchase price is less expensive then the standard price (the price of the product without any promotional offers), a refund may be granted in the form of account credit (for use on the MyBBWebHost website) only. In the event that a free item is given as part of a promotional offer, the refund will be equivalent to the original paid amount minus the listed price of the free item. The Money Back Guarantee is void and not applicable to any Customer or hosting account found to have abused server resources or violate any section of the Agreement.
As per the Service Level Agreement, MyBBWebHost offers a percentage discount in the event of server downtime. MyBBWebHost guarantees 99.9% uptime, and will offer account credit based on the length of downtime, not to exceed the full one-month payment. No cash will be offered. Server monitoring and determination of downtime will be performed and determined at the end of the month by MyBBWebHost alone. Clients must request their refund via Support Ticket within 30 days of downtime incident, otherwise no refund will be awarded.
Refunds will only be offered on the actual hosting fee, not any setup or addon fees. Refunds for downtime will be offered as follows. Uptime is to be reported to a tenth of a percent (if additional decimal places are reported, the number will be rounded to the nearest tenth of a percent).
|100% - 99.9%||None|
|99.8% - 99.6%||10%|
|99.5% - 99.3%||20%|
|99.2% - 99.0%||50%|
|Less Than 99.0%||100%|
Because MyBBWebHost is unable to control any of the following events, downtime due directly or indirectly to Customer fault, acts of God, civil or military authority, acts of public enemy, war, terrorism, riots, labor strikes, fire, explosion, earthquake, flood, the elements, DDOS attacks, and scheduled maintenance will be excluded from the calculation of the monthly uptime.
MyBBWebHost provides visitor access to an interactive Live Chat, Support Ticket system, and public Message Board. Use of any of these services is subject to all applicable laws and regulations, and it is your sole responsibility for any information or use of these services.
Through use of these services, the Customer agrees not to post any kind of content or data is that unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of one's privacy, or contains any form of sexually explicit content. You agree that you will not post anything that infringes on any patent trademark, trade secret, copyright, or proprietary right of any party. You also agree that you will not use any MyBBWebHost service to attempt to spread software viruses or any form of computer code, files, or programs that are designed with intent to damage, disrupt, or limit the functioning of any software or hardware or attempt any to gain unauthorized access to data or information owned by MyBBWebHost or any third parties.
MyBBWebHost does not endorse nor assume liability for the contents of any message or data submitted or uploaded to the site by a user or third party. MyBBWebHost reserves the right to comply with appropriate law enforcement in regards to any illegal submissions.
When communicating with a MyBBWebHost staff member, either via email, phone, or other service offered on the MyBBWebHost web site, the Customer agrees to remain civil, courteous, and respectful and to exhibit decent manners at all time. Failure to comply with these rules constitutes harassment and is grounds for immediate cancellation and termination of all MyBBWebHost accounts, services, and access. MyBBWebHost reserves the right to limit or fully disable your access to the Live Chat system, Message Boards, and the rest of the site at its own discretion.
10. Access to Services and International Use
MyBBWebHost reserves the right to limit access to any services provided to anyone, at its sole discretion. MyBBWebHost will make no representation that its services will be available to clients located outside of the United States of America. Any access or use of the site must be in compliance with local laws. Any products or services offered by MyBBWebHost are void where prohibited.
11. Disclaimer of Warranties
ALL MYBBWEBHOST SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS ONLY. MYBBWEBHOST MAKES NO WARRANTIES WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. MYBBWEBHOST MAKES NO WARRANTIES THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, NOR REMAIN UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES AND OTHER HARMFUL COMPONENTS. WE ARE NOT LIABLE, AND EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES REGARDING SERVICES PROVIDED BY THIRD PARTIES, REGARDLESS OF WHETHER WE APPEAR TO PROVIDE THESE THIRD PARTY SERVICES. NO WARRANTIES MADE BY THESE THIRD PARTIES SHALL BE PASSED THROUGH TO YOU, NOR SHALL YOU CLAIM TO BE A THIRD PARTY BENEFICIARY OF SUCH WARRANTIES. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. IF THIS CASE IS APPLICABLE TO YOU, YOUR WARRANTY IS LIMITED TO 90 DAYS FROM THE EFFECTIVE DATE.
12. Limitation of Liability
IN NO EVENT SHALL MYBBWEBHOST BE HELD LIABLE TO YOU OR ANY THIRD PARTIES FOR HARM CAUSED DIRECTLY OR INDIRECTLY TO THE SERVICES, OR YOUR, OR A THIRD PARTY'S, INABILITY TO UTILIZE THE SERVICES, UNLESS IT IS CAUSED BY OUR SOLE AND EXCLUSIVE GROSS NEGLIGENCE. WE WILL NOT BE HELD LIABLE FOR ANY LOSS OF DATA RESULTING FROM DELAYS, NONDELIVERIES, MISDELIVERIES OR SERVICE INTERRUPTIONS. WE ARE NOT LIABLE TO YOU OR ANY THIRD PARTIES FOR LOST PROFITS, WHETHER DIRECT OR INDIRECT, SPECIAL OR INCIDENTAL, CONSEQUENTIAL OR PUNITIVE, OR DAMAGES OF ANY KIND. THIS PARAGRAPH SHALL APPLY WHETHER OR NOT SUCH POTENTIAL LIABILITY WAS KNOWN TO US, OR SHOULD HAVE BEEN KNOWN. OUR MAXIMUM AGGREGATE LIABILITY FOR ANY CLAIM MADE PURSUANT TO, BASED ON THE SERVICES, THIRD PARTY VENDORS, OR UNDER ANY THEORY OF LAW, IS THE AMOUNT PAID BY YOU FOR THE SERVICES FOR THE MONTH PRIOR TO THE OCCURRENCE OF THE EVENT OR THE EVENTS GIVING RISE TO THE CLAIM.
You agree to indemnify and hold MyBBWebHost, and its employees, officers, agents, co-branders or other partners, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of use of any MyBBWebHost service, connection to the MyBBWebHost service, the violation of these notices, terms of service and the Agreement, or the violation of any rights of another.
14. Termination of Use
You agree that MyBBWebHost may, at its sole discretion, terminate or suspend access to all or part of the site or your account with or without notice for any and no reason, including, without limitation, breach of the Agreement. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.
Upon termination or suspension of your account, regardless of the reasons therefore, your right to use the services on this site will immediately cease. You acknowledge and agree that your hosting account may be deactivated an deleted, along with all associated information and files, and you nor any third parties will have no further access to such files or this site. We shall not be held liable for any claims or damages arising out of any termination or suspension or any other actions taking by us in connection with such termination or suspension.
15. Governing Law
The Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to choice of law or conflicts of law provisions that would cause the application of the law of another jurisdiction.
16. Currency and Units
All monetary amounts to which this Agreement and the MyBBWebHost website refers shall be in American (USD) dollars. For the entire MyBBWebHost website, 1 gigabyte (GB) of disk space or data transfer shall be equivalent to 1,000 megabytes (MB), regardless of conversion elsewhere.
17. Entire Agreement
The Agreement, including all of its component parts, comprises the entire agreement between the Customer and MyBBWebHost, and supersedes any prior or previous agreements between you and MyBBWebHost with respect to the subject matter of this agreement; provided, however, that you agree that you shall be held subject to any additional terms and conditions of which MyBBWebHost notifies you from time to time, pursuant to this Agreement.
18. Force Majeure
Neither the Customer nor MyBBWebHost shall not be liable or deemed to be in default for any delay or failure in performance under this Agreement or interruption of service resulting directly or indirectly from events outside the defaulting party's reasonable control, including without limitations acts of God, civil or military authority, acts of public enemy, war, terrorism, riots, labor strikes, fire, explosion, earthquake, flood, the elements, or interruptions of telecommunications providers. The obligations and rights of the excused party shall be extended on a day to day basis for the time period equal to the period of the excusable delay. Notwithstanding above, in the event that Force Majeure has prevented MyBBWebHost from performing its obligations under this Agreement for one month, the Customer shall be entitled to terminate this Agreement at no additional cost. The party affected by the Force Majeure shall notify the other party as soon as possible, but in no event less than ten days from the beginning of the Force Majeure event.
Any failure by us to enforce or exercise any provision of this Agreement or related rights shall not constitute a waiver of that right or provision.
20. Choice of Law, Jurisdiction and Venue
For all purposes, this Agreement shall be deemed to have been made within the State of New York. This Agreement shall be governed by the laws of New York and the laws of the United States of America. Jurisdiction and venue for arbitration or litigation of any dispute, controversy, or claim arising out of, in connection with, or in relation to this Agreement, or the breach thereof shall be proper only in a venue determined by MyBBWebHost only.
21. No Agency
This Agreement does not create any agency, partnership, joint venture, or franchise relationship. Neither party has the right or authority to, and shall not assume or create any obligation of any nature whatsoever on behalf of the other party or bind the other party in any respect whatsoever.
In the event that any provision of the Agreement, or its application thereof to any person, place, or person, shall be held by an arbitrator or a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of this Agreement and such provisions as applied to other persons, places, and circumstances shall remain in full force and effect, and such provision shall be enforced to fullest extent consistent with applicable law.
23. Effective Date
These Terms of Service are effective as of June 15, 2011. We expressly reserve the right to modify these Term of Service and the Agreement from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this site and the Agreement from time to time and familiarize yourself with any modifications. Your continued use of the MyBBWebHost site and services constitutes acknowledgement of the modified Terms of Service and agreement to abide and be bound by the modified Terms of Service.