Terms of Web Hosting/Email Service

 

AGREEMENT

This Agreement sets forth the Standard Terms and Conditions that apply to the use of the BTC Communications Services. YOUR USE OF THE BTC COMMUNICATIONS SERVICES INDICATES YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF SERVICE.   You agree to familiarize yourself with the Terms of Service, and abide by them if you choose to use the services to which such terms apply.

 

USER CONDUCT

You agree to abide by all applicable local, state, national and international laws and regulations regarding your use of our service.

 

USER ELIGIBILITY

You represent and warrant that you are the person legally responsible for all use of this account, and are at least 18 years of age. If you are under 18 years of age, you must have parental consent in order to participate, and the account must be opened and maintained by a parent or legal guardian, in their name. You agree to provide BTC Communications with your full legal name, postal address and telephone number for our records, and you have a continued obligation to keep this information current.

 

CONTENTS OF MESSAGES

You are responsible for the contents of your messages and your website and the consequences thereof. You agree not to do anything that would restrict or inhibit any other user from using and enjoying the Internet. You further agree not to use BTC Communications to send any messages or material that are unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or may otherwise constitute a criminal offense, give rise to civil liability or otherwise objectionable material of any kind or nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. BTC Communications reserves the right to terminate your account without prior notice if BTC Communications becomes aware of and determines, in its sole discretion, that you are violating any of the foregoing guidelines.

 

UNLAWFUL OR PROHIBITED USE

As a condition of your use of the BTC Communications Service you warrant to BTC Communications that you will not use the BTC Communications Service for any unlawful purpose.

 

TERMS OF PAYMENT

You agree to pay BTC Communications appropriate payment for the services received from BTC Communications, in advance of the time period during which such services are provided. You agree to provide BTC Communications with current billing and contact information and authorize BTC Communications to bill all account and related charges by monthly invoice mailed to the customer. You further agree that until and unless you notify BTC Communications of your desire to cancel any or all services received, those services will be billed on a recurring basis. All files within the account may be deleted on termination. You may notify us in advance of your next billing cycle your desire to provide for alternative payment arrangements. BTC Communications reserves the right to change prices at any time.

 

WEBSITE CONTENT

You are responsible for keeping a copy of their most current website files as backup on a remote system. BTC Communications is not responsible for any lost files, information, or data.

 

USER RESPONSIBILITIES

You may not initiate any of the following on the BTC Communications servers:

 

Any process that requires more than 10Mb of memory space, more than 15 CPU seconds, or uses more than 1% of all available system resources at any time.

 

Any type of interactive real-time chat applications that require server resources. These do not include applications such as HumanClick, as remotely hosted services are fully allowed.

 

Any other service that performs CGI services for any site not within the account, such as a banner exchange.

 

Any stand-alone, unattended server-side processes. This includes any and all daemons, such as IRCD (internet relay chat daemon).

 

Any software that interfaces with an IRC (Internet Relay Chat) network.

 

Any site with adult-oriented content, including but not limited to any pornographic or sexually explicit material. BTC Communications is required by law, to notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, BTC Communications's network.

 

Any adult modeling site.

Users are also required to abide by the following rules:

 

No database may be used for logging of information available through our server logs (ie traffic counters). Please contact us if you need detailed statistics for your website, we can work with you to develop a manageable solution.

 

Databases are only to be used for BTC Communications-hosted websites, and no outside access will be granted.

 

No cron job may run more than once every two hours.

Software such as HumanClick, LivePerson and other similar customer communication tools are fully allowed on our servers, as long as they are within the guidelines of this Agreement.

You agree not to interfere with the operation of the system. You further agree not to interfere with the proper operation of other systems reachable through the Internet, including any attempt at unauthorized access. You agree to adhere to system policies as published by BTC Communications, including restrictions on services available with each service type, restrictions on certain features, and all other policies. You agree to abide by any and all future BTC Communications policy decisions.

 

ZERO TOLERANCE SPAM POLICY

BTC Communications takes a zero tolerance stance against sending of unsolicited e-mail, commonly known as spam. Any user who sends out spam will have their account terminated without notice, regardless of whether the messages were sent from our server, or from another server advertising a site hosted on our servers. BTC Communications reserves the right to require changes or disable as necessary any website, account, database, or other component that does not comply with this policy, at its sole discretion. BTC Communications also reserves the right to make any such modifications in an emergency at our sole discretion.

 

NO SYSTEM BACKUP

BTC Communications does not and will not perform system backups on any User's E-mail account(s). BTC Communications shall not be held responsible for any lost E-mail data, email attachments, or any E-mail message contents, regardless of the reasoning for data loss or system causes. Except as otherwise set forth herein, BTC Communications will not provide historical data, to any party for any reason, regarding any system or Internet activity. BTC Communications does not and will not perform system backups on any User's personal web site account(s). BTC Communications shall not be held responsible for any lost web data, web files, or any web site contents, regardless of the reasoning for data loss or system causes. Except as otherwise set forth herein, BTC Communications will not provide historical data, to any party for any reason, regarding any system or Internet activity unless compelled by law.

 

 

MONITORING OF SERVICE

You agree that BTC Communications has the right to monitor the service electronically from time to time and to disclose any information as necessary to satisfy the law, or to protect itself or its subscribers.  BTC Communications reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this agreement. BTC Communications also reserves the right to refuse refunds in cases where BTC Communications believes abuse has taken place.   BTC Communications reserves the right to monitor any and all communications through or with our facilities. You agree that BTC Communications is not considered a "secure communications medium" for the purposes of the ECPA, and that no expectation of privacy is afforded.

 

SHARING OF ACCOUNT SPACE & RESALE RESTRICTIONS

You represent and warrant that the account you purchase is purchased either for yourself or on behalf of a client if you are a reseller. You agree that as a reseller, you are the individual solely responsible for all use of the account.

 

REFUND POLICY

All payments are non-refundable.

 

TERMINATION

BTC Communications may terminate this agreement and your access to any or all BTC Communications related services at any time, with or without cause, effective immediately. BTC Communications shall have no responsibility to notify any third-party providers of services, merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. Anyone determined by BTC Communications to have violated these Terms of Service may be barred from receiving any services from BTC Communications.

 

You may terminate this Agreement at any time by e-mailing the support department at BTC Communications with your name, password and reason for canceling. No refund shall be issued.

 

RELATIONSHIP OF THE PARTIES

Nothing contained in this Agreement shall be construed as creating any agency, legal representative, partnership, or other form of joint enterprise between the parties. Neither party shall have authority to contract for or bind the other in any manner whatsoever.

 

DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY

THE BTC COMMUNICATIONS SERVICE PROVIDED IS PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. BTC COMMUNICATIONS EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE BTC COMMUNICATIONS SERVICE WILL BE ERROR-FREE, TIMELY, SECURE OR UNINTERRUPTED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY BTC COMMUNICATIONS, ITS EMPLOYEES, LICENSORS OR AGENTS WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE.

 

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL BTC COMMUNICATIONS, OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE BTC COMMUNICATIONS SERVICE, INCLUDING BUT NOT LIMITED TO RELIANCE ON ANY INFORMATION OBTAINED ON THE BTC COMMUNICATIONS SERVICE; OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, LOSS OF OR DAMAGE TO DATA, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO BTC COMMUNICATIONS RECORDS, PROGRAMS OR SERVICES. YOU HEREBY ACKNOWLEDGE THAT THIS PROVISION WILL APPLY WHETHER OR NOT BTC COMMUNICATIONS IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY TO ALL SERVICES AVAILABLE FROM BTC COMMUNICATIONS AND ITS AFFILIATES.

 

UNDER NO CIRCUMSTANCES, UNDER THE TERMS OF THIS AGREEMENT, SHALL DAMAGES INCLUDE LOSS OF BUSINESS, OR LOSS OF PROFITS WHETHER BASED ON BREACH OF AGREEMENT, BREACH OF WARRANTY, TORT, PRODUCT LIABILITY OR OTHERWISE.

 

THE TERMS OF THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT FOR WHATEVER REASON.

 

COPYRIGHT AND TRADEMARKS

All contents of the BTC Communications Website are proprietary to BTC Communications, and/or its suppliers and are protected under Copyright. All rights are reserved. BTC Communications reserves any rights not expressly granted herein.

 

FORCE MAJEURE

If by reason of failures of telecommunications or internet service providers, labor disputes, riots, inability to obtain labor or materials, earthquake, fire or other action of the elements, accidents, governmental restrictions or other causes beyond the control of BTC Communications, BTC Communications is unable to perform in whole or in part its obligations as set forth in this Agreement, then BTC Communications shall be relieved of those obligations to the extent it is so unable to perform and such inability to perform shall not make BTC Communications liable to the User.

 

GOVERNING LAW

Ohio law shall govern this Agreement, and any dispute arising from the relationship between the parties to this Agreement, excluding any laws that direct the application of another jurisdiction's laws. In any litigation, arbitration, or other proceeding by which one party either seeks to enforce its rights under this Agreement (whether in contract, tort, or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing party shall be awarded its reasonable attorney fees, and cost and expenses incurred, subject to the Limitation of Liabilities clause. The parties consent to the exclusive jurisdiction and venue of the courts of the State of Ohio or to any Federal Court located within the State of Ohio.

 

ARBITRATION

Any legal controversy or legal claim arising out of or relating to this Agreement or our services shall be settled by binding arbitration before the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Ohio, as the parties to this agreement agree to be governed by the laws of Ohio. Either party may seek any interim or preliminary relief from a court of competent jurisdiction in Ohio necessary to protect the rights or property of party pending the completion of arbitration. The prevailing party from arbitration shall be entitled to reasonable attorney's fees, which shall be set forth by the arbitrator(s). Judgment upon the award rendered may be entered in any court in the state of Ohio with jurisdiction. The decision of the arbitrator shall be final and binding on the parties. The parties shall bear equally all fees, costs and expenses of the arbitration, and each party shall bear its own legal expenses, attorneys fees, and costs of all experts and witnesses, provided, however, the arbitration panel may apportion between the parties, as said arbitrator may deem equitable, the cost incurred by either party.

 

Should either party file an action contrary to this provision, the other party may recover attorneys' fees and costs up to one thousand ($1000) dollars.

 

SEVERABILITY

If any provisions of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.

SURVIVABILITY

The terms of this Agreement apply to those obligations that survive any cancellation, termination, or rescission, namely - warranty, indemnification, liability and limits thereon, rights and obligations upon and following termination and assignment.

 

INDEMNIFICATION

You agree to defend, indemnify and hold harmless BTC Communications against any and all claims, losses, penalties, causes of action, damages, liability, costs, expenses (including but not limited to reasonable attorneys' fees) or claims caused by or resulting indirectly from your use of the service, without limitation or exception, including your violation of any third-party's rights, (including, without limitation, infringement of any copyright trademark, service mark, trade secrets, right of privacy or publicity or any other third party right). The terms of this section shall survive the termination of your relationship with BTC Communications.

 

 

 

 

REMEDY

You agree that your sole and exclusive remedy to any issues relating to the BTC Communications Service is to discontinue using the Service.

 

ASSIGNMENT

In the event of a merger or consolidation of BTC Communications, the surviving or new corporation and any subsidiaries are similarly subject to the rights and obligations of this Agreement.

 

ENTIRE AGREEMENT

Unless otherwise specified herein, this Agreement constitutes the complete and exclusive statement of the Agreement between the parties regarding the products and services provided hereunder, and supercedes any prior Agreements between the parties with respect thereto.

 

 

WAIVER

The failure of BTC Communications to enforce a provision of this Agreement shall not be construed as a waiver or limitation of BTC Communications's right to subsequently enforce and compel strict compliance with every provision of this Agreement.

 

MODIFICATION OF TERMS

BTC Communications reserves the right to modify this policy at any time and without advance notice, effective upon making the modified provisions available on the BTC Communications Website. You are responsible for regularly reviewing these documents. Continued use of the BTC Communications Services after any such changes shall constitute your consent to such changes. BTC Communications does not and will not assume any obligation to notify you of any changes to the Terms of Service.