Hosting Order: Terms & Conditions

SERVICE CONTRACT - TERMS & CONDITIONS Please review the terms and conditions below of the service contract between you and the Provider. When you apply for our services, you agree to the terms and conditions as presented in this contract. The parties to this Contract are defined as follows: "Provider" - Boca's Best Technical Solutions, Inc., a Florida corporation ("BestTechInc"), "Customer" - The person or entity applying for Web hosting services The Provider agrees to provide, and the Customer agrees to receive Web hosting services according to the following terms and conditions: The Customer will use the Provider's Web hosting services and all other provided services in a manner consistent with any and all applicable laws of the State of Massachusetts and the US Federal Government. The Customer authorizes the Provider to charge all fees due to the submitted credit card. The Provider reserves the right, in its sole discretion, to deactivate the Customer's Web hosting account(s) without further warning upon an indication of credit problems including delinquent payments, if this service contract is violated, or if the Customer's account or the traffic on this account causes any kind of network or server problem/disturbance. The Provider's liability to the Customer hereunder is limited to the amount paid to and received by the Provider for services not accepted. The Provider will use its best efforts to maintain performance at the high level to which its customers have become accustomed, but THE PROVIDER MAKES ABSOLUTELY NO WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THE PROVIDER DOES NOT GUARANTEE CONTINUOUS SERVICE, SERVICE AT ANY PARTICULAR TIME, INTEGRITY OF DATA STORED OR TRANSMITTED VIA ITS SYSTEM. NEITHER THE PROVIDER NOR ANYONE ELSE INVOLVED IN PROVIDING SERVICES PURSUANT TO THIS AGREEMENT WILL BE LIABLE TO THE CUSTOMER OR ANY THIRD PARTY FOR ANY CLAIMS OR DAMAGES OF ANY KIND (DIRECT, CONSEQUENTIAL, SPECIAL, OR ANY OTHER) THAT ARISE OUT OF THE USE OR INABILITY TO USE SUCH SERVICES, whether or not resulting from fault or negligence on the Provider’ part, even if the Provider has been advised as to the possibility of such damages. Some jurisdictions may prohibit certain disclaimers, so the above disclaimers may not apply. The Customer's local jurisdiction's laws will apply only to the extent that they override this agreement. The Customer will take all necessary measures to preclude the Provider from being made a party to any lawsuit or claim regarding the Provider’ services to the Customer. The Customer hereby agrees to indemnify and hold harmless the Provider from any and all such lawsuits or claims. While the Provider shall make every reasonable effort to protect and backup data for the Customer on a regular basis, Provider is not responsible for the Customer's files residing on the Provider's servers. The Customer is solely responsible for independent backup of data stored on the Provider's server and network. THE CUSTOMER HEREBY AGREES THAT ALL DOMAIN NAMES AND ANY MATERIAL SUBMITTED FOR PUBLICATION ON PROVIDER THROUGH THE CUSTOMER'S ACCOUNT(S) WILL NOT VIOLATE OR INFRINGE ANY COPYRIGHT, TRADEMARK, PATENT, STATUTORY, COMMON LAW OR PROPRIETARY RIGHTS OF OTHERS, OR CONTAIN ANYTHING LIBELOUS OR HARMFUL. ANY POTENTIALLY ILLEGAL ACTIVITY MAY BE DEACTIVATED WITHOUT WARNING BY THE PROVIDER. THE CUSTOMER HEREBY AGREES TO INDEMNIFY AND HOLD HARMLESS THE PROVIDER FOR ANY CLAIM RESULTING FROM THE SUBMISSION OF ILLEGAL MATERIALS. THE CUSTOMER HEREBY AGREES THAT ALL DOMAIN NAMES AND ANY MATERIAL SUBMITTED FOR PUBLICATION ON PROVIDER THROUGH THE CUSTOMER'S ACCOUNT(S) WILL NOT CONTAIN ANYTHING LEADING TO AN ABUSIVE OR UNETHICAL USE OF THE ACOMSOLUTIONS WEB HOSTING PRODUCT (S) OR THE HOST SERVER(S). ABUSIVE AND UNETHICAL MATERIALS AND USES INCLUDE, BUT ARE NOT LIMITED TO PORNOGRAPHY, OBSCENITY, NUDITY, VIOLATIONS OF PRIVACY, COMPUTER VIRUSES, HACKING, WAREZ, MP3s AND ANY HARASSING AND HARMFUL MATERIALS OR USES. THE CUSTOMER HEREBY AGREES TO INDEMNIFY AND HOLD HARMLESS THE PROVIDER FROM ANY CLAIM RESULTING FROM HIS/HER PUBLICATION OF MATERIALS OR THE USE OF THOSE MATERIALS. PROVIDER MAY OR MAY NOT GIVE NOTICE BEFORE DEACTIVATING AN ACCOUNT(S) WHICH THE PROVIDER DECIDES IS ABUSIVE OR UNETHICAL. THE PROVIDER IS NOT RESPONSIBLE FOR THE REFUND OF ANY UNUSED FUNDS DUE AS A RESULT OF AN ACCOUNT DEACTIVATION OR SUSPENSION FOR THE ABOVE REASONS. Due to the public nature of the Internet, all information should be considered publicly accessible, and important or private information should be treated carefully. The Provider is not liable for protection or privacy of electronic mail or other information transferred through the Internet. Use of distribution lists via unsolicited electronic mail or other mass electronic mailings (UCE) is strictly prohibited. The Provider reserves the right to deactivate the Customer's Web hosting account(s) upon an indication of such activity without further notice. The Customer hereby agrees to indemnify and hold harmless the Provider from any claim resulting from the Customer's or another party's use of electronic mail service(s) on the Customer's Web hosting account(s). Provider reserves the right to charge a $50 deactivation fee, if the Customer's violation of provider's anti-spamming policy leads to an account deactivation or suspension. In the event it is necessary to refer any dispute to an attorney, a collection agency, or resolve it in a court of law, the prevailing party will be entitled to an award of reasonable attorney's fees, collection fees, and all costs associated with any legal action, whether or not a suit shall actually be filed. Place where the contract is signed and fulfilled shall be Saugus, Massachusetts. The relationship between the Provider and the Customer is that of vendor and vendee. The parties shall not be construed as being joint ventures, franchiser/franchisee, or employer/employee. This agreement is a commercial agreement entered into for business purposes, not a consumer agreement. The Customer has no authority, apparent or otherwise, to contract for or on behalf of the Provider, or in any other way legally bind the Provider in any fashion, nor shall the Customer be authorized to make any representations about the Provider or its services other than to set forth the contents of this agreement, of any Plan(s) contracted for, and of any rules and regulations promulgated by the Provider from time to time. The Provider offers a 30-day money-back guarantee on each Plan. If the Customer is not completely satisfied with the Plan within the first 30 days, the Customer may cancel this agreement by notifying the Provider in writing. In such case the Customer will receive a full refund of any amounts paid pursuant to this agreement, less any setup fees. Setup fees will be refunded only if the Customer cancels this agreement prior to account activation. Services provided by the Provider to the Customer shall be deemed accepted for all purposes 30 days after the provision of such services, if no written claim or objection regarding such services has been received by the Provider within the 30-day period. No claim related to such accepted services may be raised at a later date. Unless otherwise terminated as set forth herein, this agreement shall be effective for the term stated in the initial order. This agreement shall be renewed automatically for subsequent terms of the same length unless, at least ten (10) days prior to the next renewal date, one party gives notice of non-renewal to the other. If, prior to the renewal date, the Provider tenders to the Customer a copy of the Provider' then-current Customer Site Hosting Agreement with notice that renewal is conditional on the Customer's agreement thereto, any renewal by the Customer will be deemed to be an acceptance of the terms contained in such subsequent Customer Site Hosting Agreement, rather than a renewal pursuant to the terms contained herein. Upon automatic renewal of this Agreement, the Plan(s) accepted by the Customer shall be deemed to be then current Plan(s) most closely resembling the Customer's prior accepted Plan(s), provided that such subsequent Plan(s) shall be at least as favorable to the Customer as any prior Plan(s). If an account has been setup and the initial rent and setup fee is not paid, the Provider has the right to immediately close the account and to refuse service. In this case provider will bill Customer for US $50.00 for one hour of programming. If a credit card payment is declined by the Customer's bank or if the rent is not paid on time the Provider will charge a US $15.00 late fee per billing cycle and a US $25 fee for each payment-related suspension. If Customer disputes justified charges by the Provider on his credit card, the Provider has the right to charge a $25 administration fee in addition to the regular suspension charge and immediately discontinue service. The Provider maintains control and any ownership of any and all I.P. numbers and addresses that may be assigned to Customer and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses. The Customer shall keep the right to use the domain name even if Customer changes providers.

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Boca's Best Technical Solutions, Inc. P.O. Box 880488, Boca Raton, FL 33488-0488 Phone: (561) 756-5898 Email Us Copyright ® BBTS,Inc. 2000