TERMS AND CONDITIONS OF SERVICE
BusinessCreator, Inc., is pleased to provide you the information on our Website, subject to the following terms and conditions (the “Terms”) and any applicable laws. By viewing or using this site you agree to abide by the Terms and all such applicable laws. You further agree that (i) your permission to use this Website is subject to the Terms, (ii) any failure by you to adhere to the Terms will constitute a trespass on our Website, and (iii) that we will not be adequately compensated by receiving monetary damages for any such trespass, and accordingly we may seek equitable remedies, such as injunctions, to prevent your return onto our Website.
ENDORSEMENT AND RESPONSIBILITY
BusinessCreator, Inc. does not endorse the companies whose Advertisements are shown by third party companies such as Google on the site. BusinessCreator, Inc. does not endorse any of the companies shown by third party companies on the site. Any dealings between the visitors with the advertisers or third party companies are the sole responsibility of visitors.
RIGHTS TO USE OUR WEBSITE
You may view, download, print or transmit the text, pictures, graphs, charts, and other content (collectively, the “Content”) on our Website for noncommercial, personal purposes only. As between you and BusinessCreator, Inc., BusinessCreator, Inc. is and will remain the exclusive owner of all content on our Website. All Content must retain all copyright and other proprietary notices associated therewith, and neither any Content nor any copy or copies thereof may be modified in any way without the express prior written permission of BusinessCreator, Inc.
You acknowledge and agree that you are solely responsible for the content and consequences of any Content you post on or to our Website. You agree not to post or transmit any unlawful, libelous, defamatory, abusive, threatening, racially offensive, obscene, pornographic or profane Content or any Content that constitutes or encourages criminal conduct or that by its posting would infringe any intellectual property or proprietary right, or any other right, of any third party. You agree not to impersonate any other person or entity (including a BusinessCreator, Inc. employee) while on our Website.
You agree that as between you and BusinessCreator, Inc., all Content posted by you on our Website shall become the property of BusinessCreator, Inc. upon such posting. BusinessCreator, Inc. reserves the right to modify or remove content in part or in whole in its sole discretion and without notice to you. All rights not expressly granted herein are reserved.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT OUR WEBSITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD PARTY RIGHTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BusinessCreator, Inc. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THE CONTENT IS TRUE OR CORRECT, THAT ACCESS TO OUR WEBSITE WILL BE UNINTERRUPTED, OR THAT THIS SITE OR SERVER ARE WITHOUT COMPONENTS WHICH MAY BE HARMFUL TO YOUR COMPUTER OR DESKTOP SOFTWARE. FURTHER, BusinessCreator, Inc. ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, OR FAILURE TO STORE ANY CONTENT OR PERSONALIZED SETTINGS.
DISCLAIMER OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BusinessCreator, Inc. SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER IN CONNECTION WITH YOUR USE OF OUR WEBSITE.
CHOICE OF LAW
IN ORDER TO ENSURE THAT THESE TERMS WILL BE GOVERNED BY UNIFORM LEGAL PRINCIPLES. THE LAWS OF THE STATE OF PENNSYLVANIA (WITHOUT REGARD TO SUCH STATE’S CONFLICTS OF LAW PRINCIPLES) SHALL GOVERN ANY DISPUTES ARISING FROM YOUR USE OF THIS SITE. YOU FURTHER AGREE THAT ANY DISPUTE ARISING IN CONNECTION WITH YOUR USE OF THIS SITE SHALL BE LITIGATED IN A COURT OF COMPETENT JURISDICTION IN THE STATE OF PENNSYLVANIA. YOU STIPULATE AND AGREE THAT YOU HAVE SUFFICIENT CONTACTS WITH SUCH COURTS TO BE SUBJECT TO THEIR PERSONAL JURISDICTION.
INTELLECTUAL PROPERTY AGENT FOR NOTICE
BusinessCreator, Inc. reserves the right to disable or terminate the accounts of and block access to users who may be infringing the intellectual property and other proprietary rights of others in its discretion. Should you believe that your intellectual property or proprietary rights have been infringed by the posting of Content on our Website, or if you are an authorized representative of a person whose rights may have been infringed, please provide a written communication to BusinessCreator, Inc. The contact information is given below. The notification must include:
(i) Your physical or electronic signature.
(ii) An identification of the work claimed to have been infringed, or, if multiple works on our Website are covered by a single notification, a representative list of such works.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit BusinessCreator, Inc. to locate the material.
(iv) Information reasonably sufficient to permit BusinessCreator, Inc. to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you or the owner on whose behalf you are submitting the notification.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of a right that has been infringed.
For claims of infringement, we can be reached by email at email@example.com or write to us at:
47 N. Jefferson Street
Allentown, PA 18102
The following policies apply to all BusinessCreator, Inc. Hosting accounts.
ACCEPTABLE USE POLICY (AUP)
BusinessCreator, Inc.’s Acceptable Use Policy (“AUP”) is provided to give our customers and users a clear understanding of what BusinessCreator, Inc. expects of them while using the service. All users of BusinessCreator, Inc.’s Internet services: those who access some of our Services but do not have accounts, as well as those who pay a service fee to subscribe to the Services, must comply with this AUP and our TOS (Terms of Service).
Use of BusinessCreator, Inc. Service constitutes acceptance and agreement to BusinessCreator, Inc.’s AUP as well as BusinessCreator, Inc.’s TOS (Terms of Service)
IMPORTANT NOTICE: *All Hosting Payments made directly to BusinessCreator, Inc. are Non-Refundable*
We support the uncensored flow of information and ideas over the Internet and do not actively monitor subscriber activity under normal circumstances. Similarly, we do not exercise editorial control over the content of any web site, Email transmission, newsgroups, or other material created or accessible over or through the services, except for certain proprietary Web sites. However, in accordance with our TOS (Terms of Service), we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP. BusinessCreator, Inc. may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. Your violation of this AUP may result in the suspension or immediate termination of either your BusinessCreator, Inc. account or other actions as detailed in Section 3 WITHOUT PRIOR NOTICE.
This document is intended to provide a basic understand of BusinessCreator, Inc.’s Acceptable Use Policy. The following are guidelines for the establishment and enforcement of BusinessCreator, Inc.’s AUP:
* Ensure reliable service to our customers
* Ensure security and privacy of our systems and network, as well as the networks and systems of others
* Comply with existing laws
* Maintain our reputation as a responsible service provider
* Encourage responsible use of the Internet and discourage activities that reduce the usability and value of Internet services
* Preserve the value of Internet resources as a conduit for free expression and exchange of information
* Preserve the privacy and security of individual users
BusinessCreator, Inc. intends to provide its customers access to everything the Internet has to offer. While BusinessCreator, Inc. is firmly committed to the principles of free speech, certain activities that may be damaging to the resources of both the BusinessCreator, Inc. and the Internet and cannot be permitted under the guise of free speech. The resources of BusinessCreator, Inc. and the Internet are limited, and abuse of these resources by one user has a negative impact on the entire community.
We do not routinely monitor the activity of accounts except for measurements of system utilization and the preparation of billing records. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our service.
You may not use your virtual site to publish material, which BusinessCreator, Inc. determines, at its sole discretion, to be unlawful, indecent or objectionable. For purposes of this policy, “material” refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings.
If a BusinessCreator, Inc. account is used to violate the Acceptable Use Policy or our TOS, we reserve the right to terminate your service without notice. We prefer to advise customers of inappropriate behavior and any necessary corrective action; however, flagrant violations of the Acceptable Use Policy will result in immediate termination of service. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time.
As a member of our network community, you must use your Internet access responsibly. If you have any questions regarding this policy, please contact us at firstname.lastname@example.org.
VIOLATIONS OF BusinessCreator, Inc. ACCEPTABLE USE POLICY
The following constitute violations of this AUP:
1. Illegal use: BusinessCreator, Inc.’s services may not be used for illegal purposes, or in support of illegal activities. BusinessCreator, Inc. reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.
2. Harm to minors: Use of the BusinessCreator, Inc. service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography.
3. Threats: Use of the BusinessCreator, Inc. service to transmit any material (by Email, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.
4. Harassment: Use of the BusinessCreator, Inc. service to transmit any material (by Email, uploading, posting or otherwise) that harasses another.
5. Fraudulent activity: Use of BusinessCreator, Inc. service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as “pyramid schemes,” “ponzi schemes,” and “chain letters.”
6. Forgery or impersonation: Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.
7. Unsolicited commercial Email / Unsolicited bulk Email (SPAM) Use of the BusinessCreator, Inc. service to transmit any unsolicited commercial or unsolicited bulk Email is expressly prohibited. Violations of this type will result in the immediate termination of the offending BusinessCreator, Inc. account.
BEGINNING IMMEDIATELY, anyone providing services on their site that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their site immediately removed from our network. The site will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the site to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the site from our network without notice to the customer. Any site guilty of a second violation WILL be immediately and permanently removed from our network without notice.
8. Email / News Bombing: Malicious intent to impede another person’s use of electronic mail services or news will result in the immediate termination of the offending BusinessCreator, Inc. account.
9. Email / Message Forging: Forging any message header, in part or whole, of any electronic transmission, originating or passing through the BusinessCreator, Inc. service is in violation of this AUP.
10. Usenet SPAMing: BusinessCreator, Inc. has a zero tolerance policy for the use of its network for the posting of messages or commercial advertisements, which violate the rules, regulations, FAQ or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.
11. Unauthorized access: Use of the BusinessCreator, Inc. service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of BusinessCreator, Inc.’s or another entity’s computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending BusinessCreator, Inc. account is subject to immediate termination.
12. Copyright or trademark infringement: Use of the BusinessCreator, Inc. service to transmit any material (by Email, uploading, posting, hot linking, directly linking or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.
13. Collection of personal data: Use of the BusinessCreator, Inc. service to collect, or attempt to collect, personal information about third parties without their knowledge or consent.
14. Network disruptions and unfriendly activity: Use of the BusinessCreator, Inc. service for any activity which affects the ability of other people or systems to use BusinessCreator, Inc. Services or the Internet. This includes “denial of service” (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. A Customer may not, through action or inaction, allow others to use their site for illegal or inappropriate actions. A Customer may not permit their site, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner. Unauthorized entry and/or use of another company and/or individual’s computer system will result in immediate account termination. BusinessCreator, Inc. will not tolerate any customer attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data.
15. Net Send Spam: The use of the net send utility to send unsolicited bulk communication is prohibited. This technique may result in account suspension or termination. Violations of this policy carry severe penalties, including termination of service.
16. Fraud: Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.
17. Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right: Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.
18. Distribution of Viruses: Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such an offense will result in the immediate termination of the offending account.
19. Third Party Accountability: BusinessCreator, Inc. subscribers will be held responsible and accountable for any activity by third parties using their account that violates guidelines created within the Acceptable Use Policy.
20. Violation Of BusinessCreator, Inc. Hosting Accounts: It is absolutely forbidden to host pornographic content or IRC servers on Hosting Accounts. Hosting Accounts found hosting this material will be subject to immediate cancellation without refund.
21. IRC networks: It is absolutely forbidden to host an IRC server that is part of or connected to another IRC network or server. Sites found to be connecting to or part of these networks will be immediately removed from our network without notice. The site will not be reconnected to the network until such time that you agree to completely remove any and all traces of the IRC server, and agree to let us have access to your site to confirm that the content has been completely removed. Any server guilty of a second violation will result in immediate account termination.
22. Domains Chargeback Resolution: If the charge for a domain or set of domains is charged back, BusinessCreator, Inc. has the right to take control of the domain or set of domains that was paid for by the disputed charge. BusinessCreator, Inc. will change the domain account information as needed to take control of the domain or set of domains. The user is not guaranteed to be contacted in the event that a chargeback is received.
23. Peer to Peer Software (File Sharing): The use of Peer to Peer or file sharing software to permit the sharing, copying or distribution of unauthorized copyrighted material on the BusinessCreator, Inc. service is prohibited. Use of such software could result in suspension of service.
You are responsible for any misuse of your account, even if a friend, family member, guest or employee committed the inappropriate activity. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server.
* Your password provides access to your account. It is your responsibility to keep your password secure.
* Sharing your password and account access with unauthorized users is prohibited. You should take care to prevent others from using your account since you will be held responsible for such use.
* Attempting to obtain another user’s account password is strictly prohibited, and may result in termination of service.
* You must adopt adequate security measures to prevent or minimize unauthorized use of your account.
*Email/webmail logins must be secure. We will be enforcing 8 character minimums with at least one number and one special character. Anyone in violation of this requirement will lose access to their webmail, pop, and imap service until the password requirement is met. Continued breach of this policy will result in loss of email privileges with suspension of email hosting.
* You may not attempt to circumvent user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of an account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.
* You may not attempt to interfere with service to any user, host or network (“denial of service attacks”). This includes, but is not limited to, “flooding” of networks, deliberate attempts to overload a service, and attempts to “crash” a host.
* Users who violate systems or network security may incur criminal or civil liability. BusinessCreator, Inc. will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.
BusinessCreator, Inc. accounts operate on shared resources. Excessive use or abuse of these shared network resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner that impairs network performance is prohibited by this policy and may result in termination of your account.
You are prohibited from excessive consumption of resources, including CPU time, memory, disk space, and session time. You may not use resource-intensive programs that negatively impact other customers or the performances of BusinessCreator, Inc. systems or networks. BusinessCreator, Inc. reserves the right to terminate or limit such activities.
REPORTING VIOLATIONS OF BusinessCreator, Inc. AUP
BusinessCreator, Inc. requests that anyone who believes that there is a violation of this AUP direct the information to the Abuse Department at email@example.com .
If available, please provide the following information:
* The IP address used to commit the alleged violation
* The date and time of the alleged violation, including the time zone or offset from GMT
* Evidence of the alleged violation
Email with full header information provides all of the above, as do system log files. Other situations will require different methods of providing the above information. BusinessCreator, Inc. may take any one or more of the following actions in response to complaints:
* Issue written or verbal warnings
* Suspend the Member’s newsgroup posting privileges
* Suspend the Member’s account
* Terminate the Member’s account
* Bill the Member for administrative costs and/or reactivation charges
* Bring legal action to enjoin violations and/or to collect damages, if any, cause by violations
REVISIONS TO THIS ACCEPTABLE USE POLICY
BusinessCreator, Inc. reserves the right to revise, amend, or modify this AUP, our TOS (Terms of Service) and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our TOS (Terms of Service).
TERMS OF SERVICE (TOS)
IMPORTANT NOTICE: *All Payments To BusinessCreator, Inc. Are Non-Refundable*
BusinessCreator, Inc., (“The Company”) agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).
Use of BusinessCreator, Inc. Service constitutes acceptance and agreement to BusinessCreator, Inc.’s AUP as well as BusinessCreator, Inc.’s TOS (Terms of Service).
All provisions of this contract are subject to the TOS (Terms of Service) of BusinessCreator, Inc. 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 the laws of the state of Pennsylvania, county of Lehigh applicable to contracts enforceable in that state. Venue will be Lehigh County, Pennsylvania
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 BusinessCreator, Inc. 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: Checks and ACH Drafts returned for any reason are subject to a $25.00 returned item charge. Credit cards that are declined for any reason are subject to a $10.00 declination fee. Service will be interrupted on accounts that reach 10 days past due. Service interrupted for nonpayment is subject to a $200 reconnect charge. Accounts not paid by due date are subject to a $25.00 late fee. Accounts that are not collectable by BusinessCreator, Inc. 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 $250. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS. ACH Drafts only available to U.S. Customers.
5. Refund and Disputes: All payments to BusinessCreator, Inc. are nonrefundable. This includes the one time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in BusinessCreator, Inc.’s sole discretion is a valid charge under the provisions of the TOS and /or AUP, you agree to pay BusinessCreator, Inc. an “Administrative Fee” of not less than $50 and not more than $250.
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: Requests for canceling accounts may be made in writing with at least 30 days notice but not more than 60 days prior written or emailed notice and sent to:
47 N. Jefferson Street
Allentown, PA 18102
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 web hosting 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. If the domain is registered by BusinessCreator, Inc. on behalf of the account holder a handling fee will be incurred.
10. Transfer of Domains: New web hosting accounts which involve the transfer of a domain from another provider to BusinessCreator, Inc. 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 BusinessCreator, Inc. 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: BusinessCreator, Inc., provides technical support during normal business hours 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: BusinessCreator, Inc. provides support related to your site physical functioning. BusinessCreator, Inc. does not offer tech support for application specific issues such as cgi programming, html or any other such issue. BusinessCreator, Inc. does not provide technical support for YOUR customers. If you can email, we encourage you to email firstname.lastname@example.org for assistance. If you are able to get online and have other questions, the answers may be on our home page here – 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): BusinessCreator, Inc. 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 BusinessCreator, Inc. may not use or permit others to use our network to transact in UCE. Customers of BusinessCreator, Inc. may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. In addition, it is not acceptable to transmit bulk email through remote SOCKS, HTTP or other similar proxies who in turn make a SMTP (TCP port 25) connection to the destination mail servers. This technique may result in account suspension or termination. Violations of this policy carry severe penalties, including termination of service. In order to prevent unnecessary blacklisting due to spam we reserve the right to occasionally sample bulk email being sent from servers.
a. Violation of BusinessCreator, Inc.’s SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, BusinessCreator, Inc. will initiate an immediate investigation (within 48 hours of notification). During the investigation, BusinessCreator, Inc. may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, BusinessCreator, Inc. may, at its sole discretion, restrict, suspend or terminate customer’s account. Further, BusinessCreator, Inc. reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. BusinessCreator, Inc. will notify law enforcement officials if the violation is believed to be a criminal offense.
b. First violations of this policy will result in an “Administrative Fee” of $500 and your account will be reviewed for possible immediate termination. A second violation will result in an “Administrative Fee” of $750 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 $175 per hour that BusinessCreator, Inc. personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.
1. IP Address Ownership: If BusinessCreator, Inc. assigns Customer an Internet Protocol address for Customer’s use, the right to use that Internet Protocol address shall belong only to BusinessCreator, Inc., and Customer shall have no right to use that Internet Protocol address except as permitted by BusinessCreator, Inc. in its sole discretion in connection with the Services, during the term of this Agreement. BusinessCreator, Inc. shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by BusinessCreator, Inc., and BusinessCreator, Inc. reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion.
2. 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”). BusinessCreator, Inc. will monitor Customer’s bandwidth and disk usage. BusinessCreator, Inc. 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 BusinessCreator, Inc.’s sole and absolute discretion. If BusinessCreator, Inc. 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. Bandwidth usage is measured on a calendar month basis. Both incoming and outgoing traffic are counted. In the event that a customer exceeds the included allocation, BusinessCreator, Inc. may, at its sole discretion, collect a deposit, in the amount of $1.00 per GB, against customer’s credit card on file with BusinessCreator, Inc. Data transfer in excess of each server’s monthly allowance is automatically billed on or around the 5th of each month, for the previous calendar month. Unused bandwidth allocations cannot be carried over to future months, or applied to other servers.
3. System and Network Security: Users are prohibited from violating or attempting to violate the security of the BusinessCreator, Inc. Network. Violations of system or network security may result in civil or criminal liability. BusinessCreator, Inc. 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:
1. Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
2. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
3. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing”.
4. Forging any TCP/IP packet header or any part of the header information in any Email or newsgroup posting.
5. Taking any action in order to obtain services to which such User is not entitled.
14. Notification of Violation:
1. BusinessCreator, Inc. 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.
2. First violation: Any User that BusinessCreator, Inc. 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 BusinessCreator, Inc.’s discretion to a temporary suspension pending a User’s agreement in writing, to refrain from any further violations.
3. Second Violation: Users that BusinessCreator, Inc. 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.
4. 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 site, or if denial of service attacks are originating from your site. 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: BusinessCreator, Inc. reserves the right to suspend network access to any customer if in the judgment of the BusinessCreator, Inc. network administrators 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 BusinessCreator, Inc. 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. BusinessCreator, Inc. reserves the right to amend its policies at any time. All Hosting customers of BusinessCreator, Inc. must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation.
17. Indemnification: BusinessCreator, Inc. wishes to emphasize that in agreeing to the BusinessCreator, Inc. Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies BusinessCreator, Inc. for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to BusinessCreator, Inc. or the bringing of any claim against BusinessCreator, Inc. by any third-party. This means that if BusinessCreator, Inc. is sued because of a customer’s or a customer of a customer’s activity, the customer will pay any damages awarded against BusinessCreator, Inc., plus all costs and attorney’s fees.
18. Miscellaneous Provisions: You must provide us with, and keep current, good contact information for you. Email, fax, and telephone contacts are used, in that order of preference.
1. 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.
2. Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at any time without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at any time without further obligation.
3. BusinessCreator, Inc. takes no responsibility for any material input by others and not posted to the BusinessCreator, Inc. Network by BusinessCreator, Inc. BusinessCreator, Inc. is not responsible for the content of any other websites linked to the BusinessCreator, Inc. Network; links are provided as Internet navigation tools only. BusinessCreator, Inc. 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.
4. BusinessCreator, Inc. is not responsible for any damages your business may suffer. BusinessCreator, Inc. does not make implied or written warranties for any of our services. BusinessCreator, Inc. 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 BusinessCreator, Inc.
5. It is absolutely forbidden to host pornographic content or IRC servers on Hosting accounts. Hosting Accounts found hosting this material will be subject to immediate cancellation without refund.
19. Responsibility for Content: You, as BusinessCreator, Inc.’s customer, are solely responsible for the content stored on and served by your BusinessCreator, Inc. server.
20. Customer agrees not to remove, modify or obscure any copyright, trademark or other proprietary rights notices that appear on Software Products or that appear during the use of Software Products. Customer further agrees not to reverse engineer, decompile, or disassemble the Software Products.
BusinessCreator, Inc. may provide you access to other third party software and/or services (“Third Party Products”) through reseller relationships BusinessCreator, Inc. has established with certain commercial vendors, including without limitation, Microsoft Corporation (“Third Party Vendors”). Unless otherwise notified, Customer understands that product support for Third Party Products is provided by BusinessCreator, Inc. and not by the Third Party Vendor. Neither BusinessCreator, Inc. nor any Third Party Vendor makes any representations or warranties, express or implied, regarding any Third Party Products. Customer expressly acknowledges and agrees that use of third party products is at customer’s sole risk and such third party products are provided “as is” and without representation or warranty of any kind from BusinessCreator, Inc. or any third party vendor, including without limitation, any implied warranty of merchantability, fitness for a particular purpose, accuracy or completeness of responses or results, correspondence to description, or non-infringement of third party rights. To the maximum extent permitted by applicable law, neither BusinessCreator, Inc. nor any third party vendor will be legally responsible for any damages, whether direct, indirect, or consequential, arising from the use or inability to use any third party product. Customer agrees to observe the terms of any license and/or applicable end user subscriber agreement for third party products and that customer shall be fully liable to third party vendors and BusinessCreator, Inc. with respect to any improper use of such third party products or violation of license agreements with them and/or applicable end user subscriber agreements.
21. Denial of Service: We reserve the right to refuse service to anyone at any time for any reason.
47 N. Jefferson Street
Allentown, PA 18102