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Agreement & Terms of Service

IMPORTANT NOTICE
: All Payments To
Bestsave.net Are Non-Refundable

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).

All provisions of this contract are subject to the TOS (Terms of Service) of Bestsave.net 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.

This Agreement shall be construed in all respects in accordance with Canadian law.

1.Disclosure 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 Bestsave.net shall have the right to terminate all service set forth in this Agreement.

2.Service 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.

3.Payment: 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.

4. 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 by Bestsave.net 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.

5.Refund and Disputes: All payments to Bestsave.net 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.

6.Failure 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.

7.Account Cancellation: All requests for canceling accounts must be made in writing to custserv@bestsave.net You must have all account information to cancel.

8.Subscriber 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.

9.New 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.

10.Transfer 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 by Bestsave.net on 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.

11.Support Boundaries: Bestsave.net, 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 provides support related to your server or virtual site physical functioning. Bestsave.net 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 support@bestsave.net 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.

12.SPAM 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.

*Violation of Bestsave.net's 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.   Bestsave.net will notify law enforcement officials if the violation is believed to be a   criminal offense.

*First 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.

*As 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.

13.Network:
*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 by Bestsave.net, and   Bestsave.net 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 hosting.

*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. Bestsave.net 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 Bestsave.net 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 by Bestsave.net, against customer's credit card on file with   Bestsave.net.

*System 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 limitation:

a)Accessing data not intended for such User or logging into a server or account,  which such User is not authorized to access.

b)Attempting to probe, scan or test the vulnerability of a system or network or to    breach security or authentication measures without proper authorization.

c)Attempting to interfere with service to any user, host or network, including, without    limitation, via means of overloading, "flooding", "mail bombing" or "crashing".

d)Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

e)Taking any action in order to obtain services to which such User is not entitled.

14.Notification of Violation:
a)Bestsave.net
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.

b)First 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 Bestsave.net's discretion to a temporary    suspension pending a User's agreement in writing, to refrain from any further    violations.

c)Second Violation: Users that Bestsave.net determines 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.

d)We 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.

15.Suspension 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.

16.Bestsave.net 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 or otherwise called Acceptable Terms of use policy.

17.Indemnification: Bestsave.net wishes to emphasize that in agreeing to the Bestsave.net Acceptable Use Policy(AUP) and Terms of Service (ToS), customer indemnifies Bestsave.net 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 by 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.

18.Miscellaneous 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.

a)A 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.

b)Subscriber 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.

c)Bestsave.net takes no responsibility for any material input by others and not posted to the Bestsave.net Network by Bestsave.net. 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.

d)Bestsave.net is not responsible for any damages your business may    suffer.Bestsave.net does not make implied or written warranties for any of our    services. Bestsave.net 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.

e)It 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: You, as    Bestsave.net's customer, are solely responsible for the content stored on and    served by your Bestsave.net server.

 

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