& Terms of Service
All Payments To Bestsave.net
("The Company") agrees to furnish services to the Subscriber,
subject to the following TOS (Terms of Service). Use of the Bestsave.net
Service constitutes acceptance and agreement to Bestsave.net's
AUP as well as Bestsave.net's
TOS (Terms of Service).
provisions of this contract are subject to the TOS (Terms of Service)
and AUP (Acceptable Use Policy). The AUP may be changed from time
to time at the discretion
of the Company. Subscriber understands that change to the AUP
by the Company shall not
be grounds for early contract termination or non-payment.
Agreement shall be construed in all respects in accordance with
to Law Enforcement: The AUP specifically prohibits the use
of our service for illegal activities. Therefore, Subscriber agrees
that the Company may disclose any and all subscriber information
including assigned IP numbers, account history, account use, etc.
to any law enforcement agent who makes a written request without
further consent or notification to the Subscriber. In addition
shall have the right to terminate all service set forth in this
Rates: Subscriber acknowledges that the nature of the service
furnished and the initial rates and charges have been communicated
to Subscriber. Subscriber is aware that the Company may prospectively
change the specified rates and charges from time to time. The
promotional offer is contingent upon Company achieving and maintaining
its cost of service goals including but not limited to rates charged
to company by its suppliers.
Establishment of this service is dependent upon receipt by the
Company of payment of stated charges. Subsequent payments are
due on the anniversary date of the month for that month's service.
Payments and Fees: Service will be interrupted on accounts
that reach 10 days past due. Service interrupted for nonpayment
is subject to a $25 reconnect charge. Accounts not paid by due
date are subject to $7.95 late fee. Accounts that are not collectable
may be turned over to an outside collection agency for collection.
If your account is turned over for collection, you agree to pay
the company a "Processing and Collection" Fee of not
less than $50 nor more than $150. If you desire to cancel your
account, please follow the proper procedure to do this as outlined
in this TOS.
and Disputes: All payments to
are nonrefundable. This includes any one time setup fees and subsequent
charges regardless of usage. All overcharges or billing disputes
must be reported within 45 days of the time the dispute occurred.
If you dispute a charge to your credit card issuer that, in Bestsave.net's
sole discretion is a valid charge under the provisions of the
TOS and /or AUP, you agree to pay HomepageUniverse an "Administrative
Fee" of not less than $50 and not more than $150.
to Pay: The Company may temporarily deny service or terminate
this Agreement upon the failure of Subscriber to pay charges when
due. Such termination or denial will not relieve Subscriber of
responsibility for the payment of all accrued charges, plus reasonable
interest and any collection fees.
Cancellation: All requests for canceling accounts must be
made in writing to firstname.lastname@example.org
You must have all account information to cancel.
acknowledges that the service provided is of such a nature that
service can be interrupted for many reasons other than the negligence
of the company and that damages resulting from any interruption
of service are difficult to ascertain. Therefore, subscriber agrees
that the company shall not be liable for any damages arising from
such causes beyond the direct and exclusive control of the company.
Subscriber further acknowledges that the company's liability for
its own negligence may not in any event exceed an amount equivalent
to charges payable by subscriber for services during the period
damages occurred. In no event shall the company be liable for
any special or consequential damages, loss or injury.
Domain Accounts: All new webhosting accounts involving new
domains will be set up and entered into our DNS servers within
3 to 5 business days. Due to unforeseen complications, however,
this process may sometimes require up to 7 business days. If the
new domain is registered by the account holder, there will be
no handling fee.
of Domains: New webhosting accounts which involve the transfer
of a domain from another provider to Bestsave.net
will require a minimum of seven (7) days to be set up and entered
into our DNS servers. In some cases, such transfers may take up
to sixty (60) days. Due to the unpredictable nature of the transfer
process, no guarantees are made regarding the amount of time a
specific transfer may take. If the transfer of the domain is done
behalf of the account holder a handling fee will be incurred.
If the customer cancels service during the transfer period for
any reason, all charges are considered earned.
provides 24 x 7 technical support to our subscribers (except for
few holidays and short company meetings when we close our center.)
We limit our technical support to our area of expertise. The following
is our guidelines when providing support: Bestsave.net
support related to your server or virtual site physical functioning.
does not offer tech support for application specific issues such
as cgi programming, html or any other such issue. Bestsave.net
does not provide technical support for YOUR customers. If you
can email, we encourage you to email email@example.com
for assistance. If you are able to get online and have other questions,
the answers may be on our support page at http://www.e-supports.com/support/
we encourage you to check there first. Lastly, the Help files
in the program you are using may have the answer to your question
so please do investigate these resources before calling tech support.
and Unsolicited Commercial Email (UCE): Bestsave.net
takes a zero tolerance approach to the sending of Unsolicited
Commercial Email (UCE) or SPAM over our network. Very simply this
means that customers of Bestsave.net
may not use or permit others to use our network to transact in
UCE. Customers of Bestsave.net
may not host, or permit hosting of, sites or information that
is advertised by UCE from other networks. Violations of this policy
carry severe penalties, including termination of service.
SPAM policy will result in severe penalties. Upon notification
of an alleged violation of our SPAM policy, Bestsave.net
will initiate an immediate investigation (within 48
hours of notification). During the investigation, Bestsave.net
may restrict customer access to the network to prevent further
violations. If a customer is found to be in violation
of our SPAM policy, Bestsave.net
may, at its sole discretion, restrict, suspend or terminate customer's
account. Further, Bestsave.net
reserves the right to pursue civil remedies for any costs
associated with the investigation of a substantiated policy violation.
will notify law enforcement officials if the violation is believed
to be a criminal offense.
violations of this policy will result in an "Administrative
Fee" of $100 and your account will be reviewed
for possible immediate termination. A second violation will result
in an "Administrative Fee" of $200 and immediate termination
of your account. Users who violate this policy agree
that in addition to these "Administrative"
penalties, they will pay "Research Fees" not to exceed
$150 per hour that Bestsave.net
personnel must spend to investigate the matter. PLEASE, DO
NOT SPAM from your account.
our Customers are ultimately responsible for the actions of their
clients over the RackShack network, it is advisable
that Customers develop a similar, or stricter, policy
for their clients.
*IP Address Ownership: If Bestsave.net
assigns Customer an Internet Protocol address for
Customer's use, the right to use that Internet Protocol address
shall belong only to Bestsave.net,
and Customer shall have no right to use that Internet
Protocol address except as permitted by Bestsave.net
in its sole discretion in connection with the Services,
during the term of this Agreement. Bestsave.net
shall maintain and control ownership of all Internet Protocol
numbers and addresses that may be assigned to Customer
reserves the right to change or remove any and all such Internet
Protocol numbers and addresses, in its sole and absolute
discretion.Our allocation of IP addresses is limited
by ARIN's new policies.These new policies state that use of
IP addresses for IP based virtual hosts will not be accepted as
justification for new IP addresses. What this means
to you is that you MUST use name-based hosting where
possible. We will periodically review IP address usage, and if
we find that clients are using IP addresses where
name-based hosting could be used, we will revoke authorization
to use those IP addresses that could be used with name-based
*Bandwidth and Disk Usage: Customer agrees that bandwidth and
disk usage shall not exceed the number of megabytes
per month for the Services ordered by Customer on
the Order Form (the "Agreed Usage"). Bestsave.net
will monitor Customer's bandwidth and disk usage.
shall have the right to take corrective action if
Customer's bandwidth or disk usage exceeds the Agreed Usage.
Such corrective action may include the assessment
of additional charges, disconnection or discontinuance
of any and all Services, or termination of this Agreement,
which actions may be taken is in Bestsave.net's
sole and absolute be discretion. If
takes any corrective action under this section, Customer
shall not be entitled to a refund of any fees paid in advance
prior to such action. In the event that a customer exceeds the
included allocation, Bestsave.net
may, at its sole discretion, collect a deposit, in an amount determined
against customer's credit card on file with Bestsave.net.
and Network Security: Users are prohibited from violating or attempting
to violate the security of the Bestsave.net
Network. Violations of system or network security
may result in civil or criminal liability. Bestsave.net
will investigate occurrences, which may involve such
violations and may involve, and cooperate with, law
enforcement authorities in prosecuting Users who are involved
in such violations. These violations include, without
data not intended for such User or logging into a server or account, which such User is not authorized to access.
to probe, scan or test the vulnerability of a system or network
or to breach security or authentication measures
without proper authorization.
to interfere with service to any user, host or network, including,
without limitation, via means of overloading,
"flooding", "mail bombing" or "crashing".
any TCP/IP packet header or any part of the header information
in any e-mail or newsgroup posting.
any action in order to obtain services to which such User is not
is under no duty to look at each customer's or user's activities
to determine if a violation of the AUP has occurred,
nor do we assume any responsibility through
our AUP to monitor or police Internet-related activities.
violation: Any User, which Bestsave.net
determines to have violated any element of this
Acceptable Use Policy, shall receive an email, warning them of
the violation. The service may be subject at
discretion to a temporary suspension pending
a User's agreement in writing, to refrain from any further violations.
Violation: Users that Bestsave.net
to have committed a second violation of any
element of this Acceptable Use Policy shall be subject to immediate
suspension or termination of service without further notice.
reserve the right, to drop the section of IP space involved in
Spam or Denial-of-Service complaints if it is
clear that the offending activity is causing great
harm to parties on the Internet. In particular, if open relays
are on your network or a customer's network,
or if denial of service attacks are originating from
your network. In certain rare cases, we may have to do this before
attempting to contact you. If we do this, we
will contact you as soon as is feasible.
of Service or Cancellation: Bestsave.net
reserves the right to suspend network access to any customer if
in the judgment of the Bestsave.net
network admini- strators the customer's server is the source or
target of the violation of any of the other terms of the AUP or
for any other reason which Bestsave.net
chooses. If inappropriate activity is detected, all accounts of
the Customer in question will be deactivated until an investigation
is complete. Prior notification to the Customer is not assured.
In extreme cases, law enforcement will be contacted regarding
the activity. The customer will not be credited for the time the
customer's machines were suspended.
reserves the right to amend its policies at any time. All Sub-Networks,
resellers and managed servers of Bestsave.net
must adhere to the above policies. Failure to follow any term
or condition will be grounds for immediate Cancellation. You will
be held responsible for the actions of your clients in the matter
described on these Terms and conditions. Therefore, it is in your
best interest to implement a similar or stricter Terms and conditions
wishes to emphasize that in agreeing to the Bestsave.net
Acceptable Use Policy(AUP) and Terms of Service (ToS), customer
for any violation of the Acceptable Use Policy (AUP) and Terms
of Service (ToS) that results in loss to Bestsave.net
or the bringing of any claim against Bestsave.net
any third-party. This means that if Bestsave.net
is sued because of a customer's or a customer of a customer's
activity, the customer will pay any damages awarded against Bestsave.net,
plus all costs and attorney's fees.
Provisions: You must provide us with, and keep current, good
contact information for you. E-mail, fax, and telephone contacts
are used, in that order of preference.
waiver by the Company of any breach of any provision of this Agreement
by Subscriber shall not operate as or be construed
as a continuing or subsequent waiver thereof
or as a waiver of any breach of any other provision thereof.
shall not transfer or assign this Agreement without the prior
written consent of the Company. Company may
assign Agreement at anytime without consent
from or notice to Subscriber. Company reserves right to cancel
customers rights under this contract at anytime
without further obligation.
takes no responsibility for any material input by others and not
posted to the Bestsave.net
Network by Bestsave.net.
is not responsible for the content of any other
websites linked to the Bestsave.net
Network; links are provided as Internet navigation
tools only. Bestsave.net
disclaims any responsibility for any such inappropriate
use and any liability to any person or party
for any other person or party's violation of this policy.
is not responsible for any damages your business may suffer.Bestsave.net
does not make implied or written warranties for any of our services.
denies any warranty or merchantability for a specific purpose.
This includes loss of data resulting from delays, non-deliveries,
wrong delivery, and any and all service interruptions
caused by Bestsave.net.
is absolutely forbidden to host pornographic content or IRC servers
on Virtual Server Accounts.Virtual Server Accounts
found hosting this material will be subject to
immediate cancellation without refund. Responsability for Content:
customer, are solely responsible for the content stored on and
served by your Bestsave.net