Upon signing up for Bizness Inc.’s services, all clients agree to comply with Bizness Inc.’s Terms of Usage (‘TOU’). The main goal of the TOU is to ensure that clients are using Bizness Inc.’s services with due regard to the rights of other clients and Internet users and in conformity with the requirements of Bizness Inc.’s network environment. The TOU are not exhaustive and Bizness Inc. reserves the right to add, delete, or change any provision of its TOU at any time without notice, effective upon either the posting of the modified TOU or notification of the modified TOU. Any complaints about a client’s violation of the TOU should be sent to email@example.com.
The following Terms of Usage apply to All Bizness Inc. Clients:
Bizness Inc.’s software may be used for lawful purposes only. Transmission, code copying, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to: copyrighted material and software; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws of the country. Additionally, in purchasing Bizness Inc.’s services, all Bizness Inc.’s clients certify that they and/or the organization they represent in procuring services from Bizness Inc. are not, nor have been designated, a suspected terrorist as defined in Executive Order 13224; are not owned or controlled by a ‘suspected terrorist’ as defined in Executive Order 13224; and are not on, are not a member of, related to, associated with, or controlled by any organizations on the list contained in the Annex to Executive Order 13224 and all updates thereto.
Sending unsolicited bulk and/or commercial messages over the Internet (known as “spamming”) is prohibited, regardless of whether or not it overloads a server or disrupts service to Bizness Inc.’s clients. The term “spamming” also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a web site hosted on a Bizness Inc. server, and selling or distributing software (on a web site residing on a Bizness Inc. business server) that facilitates spamming. Violators will be assessed a minimum fine of $200 USD and will face immediate suspension. Bizness Inc. reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.
System and Network Abuse
Violations of system or network security are prohibited and may result in criminal and civil liability. Examples of system or network security violations include, without limitation the following: unauthorized access to or use of data, software, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network; interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
Viruses and Other Destructive Activities
Use of Bizness Inc.’s software, services or equipment for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any client to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use Bizness Inc.’s services and equipment (or any connected network, system, service or equipment) or conduct their business over the Internet.
The Digital Millennium Copyright Act (DMCA) sets forth the law regarding the use of copyrighted materials on the Internet. All Bizness Inc.’s clients are subject to the requirements of the DMCA. Individuals or entities submitting notifications of copyright infringement by a Bizness Inc. client(per the DMCA) to Bizness Inc. must follow the below procedures. Copyright infringement notifications submitted to Bizness Inc. according to these procedures will be processed within 21 days of receipt. Clients who are the subject of a DMCA notification that meets the below criteria may be subject to account termination at Bizness Inc.’s sole discretion.
The use of Bizness Inc.’s services to store, post, display, transmit, advertise or otherwise make available child pornography is strictly prohibited. Bizness Inc. is required by law, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, its software or services.
Clients are required to use the Bizness Inc. network responsibly. This includes respecting the other clients of Bizness Inc. Bizness Inc. reserves the right to suspend and/or cancel service with any client who uses the Bizness Inc. software or network in such a way that adversely affects other Bizness Inc. clients. While Bizness Inc. may monitor its service electronically to determine that its facilities are operating satisfactorily, as a general practice, Bizness Inc. does not monitor its clients’ communications or activities to determine whether they are in compliance with the TOU. However, when Bizness Inc. becomes aware of any violation of the TOU or other user agreements, Bizness Inc. may take any action to stop or correct such violation, including, but not limited to, denying access to Bizness Inc.’s software, services and equipment or to the Internet. In addition, Bizness Inc. may take action against a client or a customer of such client because of the activities of such client. Bizness Inc. anticipates that clients who offer Internet services will cooperate with Bizness Inc. in any corrective or preventive action that Bizness Inc. deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Bizness Inc. policy and Bizness Inc. reserves the right to take any such action even though such action may affect other clients of the Bizness Inc. customer.
Client acknowledges that from time to time Bizness Inc. may deem it necessary to limit or suspend the availability of Bizness Inc. services to perform routine and remedial maintenance to the network, hardware, software, or other related assets.
Actions Taken by Bizness Inc.
The failure by a client to meet or follow any of the TOU is grounds for client account deactivation. Bizness Inc. will be the sole arbiter as to what constitutes a violation of the TOU. Bizness Inc. reserves the right to remove any client account without prior notice and to refuse service to anyone at any time. When Bizness Inc. becomes aware of an alleged violation of its TOU, Bizness Inc. will start an investigation. During the investigation, Bizness Inc. may restrict a client’s access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, Bizness Inc. may, at its sole discretion, restrict, suspend, or terminate a client’s web software licence and/or pursue other civil remedies. If such violation is a criminal offense, Bizness Inc. will notify the appropriate law enforcement authorities of such violation. An unlisted activity may also be a violation of the TOU if it is illegal, irresponsible, or constitutes disruptive use of the Internet. Bizness Inc. does not issue credits for outages incurred through service disablement resulting from client TOU violations. Bizness Inc. clients and their customers agree to indemnify and hold harmless Bizness Inc. from any claims resulting from the use of our services that damages them or any other party. The Bizness Inc. service 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. Bizness Inc. expressly disclaims any representation or warranty that the Bizness Inc. service will be error-free, secure or uninterrupted. No oral advice or written information given by Bizness Inc., its employees, its contractors, licensors or the like, will create a warranty; nor may you rely on any such information or advice. Bizness Inc. and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service. Violators are responsible, without limitations, for the cost of labor to rectify any damage done to the operation of the network and business operations supported by the network, and to respond to complaints incurred by Bizness Inc.
Any web site that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given the option to either pay additional fees (which will depend on the resources required), reduce the resources used to an acceptable level, or upgrade its service to a Dedicated Server plan. Bizness Inc. shall be the sole arbiter of what is considered to be a high server usage level. Any account deemed to be adversely affecting server performance or network integrity will be shut down without prior notice.
Also please know that Bizness Inc. reserves the right to change any of their policies or services offered as needed to accommodate server resources or needed offerings. Also Bizness Inc. reserves the right to dismiss a customer at any time if needed to accommodate these changes of services or policies. This may be necessary upon software changes, software bugs or network changes.
Due to the special system and network requirements of adult-oriented sites, pornography and sex-related merchandising are strictly prohibited for all clients. This includes sites that may infer sexual content or provide links to adult content elsewhere. 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.
Hate / Discrimination
Bizness Inc. does not permit or tolerate websites that promote hate, discrimination or violence toward a group based on race, religion or national origin.
Early Termination Fee On Yearly Contracts
Customer can exit the yearly contract before it expires by paying Bizness Inc 3 months of the current monthly rate they are being charged for Bizness Inc services.
Customer shall defend, indemnify and hold harmless Bizness Inc, its affiliates and their respective present, former and future officers, directors, employees and agents, and their respective heirs, legal representatives, successors and assigns (collectively the “Bizness Indemnitees”), from and against any and all losses, damages, costs, liabilities and expenses (including, without limitation, amounts paid in settlement and reasonable attorney’s fees) which any of the Bizness Inc. Indemnitees may suffer, incur or sustain resulting from or arising out of (i) Customer’s breach of any representation, warranty, or covenant contained in the Agreement, (ii) the Customer Content, the Customer Web site or any End User’s use of the Customer Content or the Customer Web site, (iii) violation by Customer or any of its officers, directors, employees or agents of the Acceptable Use Policy or any applicable law, (iv) claims or actions of third parties alleging misappropriation of trade secrets or infringement of patents, copyrights, trademarks or other intellectual property rights arising from the use, display or publication of Customer’s domain names, the Customer Web site, the Customer Content, or the use of the Services in combination with hardware, software or content not provided by Bizness (v) claims or actions by third parties relating to or arising out of Customer’s use of the Services, and (vi) any failure of the Customer Content or any aspect of the Customer Web site to be compatible with the hardware or software used by Bizness to provide the Services, including any damage to Bizness’ servers or other hardware caused thereby.
Web Reporting Benefits
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Web Recurring Billing
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International eCommerce Benefits
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Web Online Donations
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Web Auto Blog Posting
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