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BSAHosting.org

Universal Terms of Service Agreement

Last Revised: April 21, 2011

PLEASE READ THIS UNIVERSAL TERMS OF SERVICE AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.

Usage of BSAHosting.org's web hosting services establishes the following agreement (the “Agreement”) between you (“Client”) and BSAHosting.org, a service of Webworks2.com (“BSAHosting.org”).

Client contracting for Hosting Services may elect a monthly or yearly payment schedule. Client's plan will then automatically renew for the period selected in their original order until terminated by Client or BSAHosting.org in accordance with this Agreement.

BSAHosting.org shall use commercially reasonable efforts to provide all services as set forth in this agreement. BSAHosting.org will take every reasonable action to provide timely response to all Client inquiries.

BSAHosting.org shall not disclose any Client information to any third party unless authorized by Client or ordered to do so by an arbitration panel or court of law with competent jurisdiction.

1.Restrictions on Illegal Usage

BSAHosting.org servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data or material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to: copyrighted material, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content include, but are not limited to: Pirated software, Hackers programs or archives, Warez sites, MP3, Real Audio, and IRC bots.

2. Security

Violations of BSAHosting.org system or network security are prohibited. Examples include, but are not limited to the following: (a) Introduction of malicious programs into BSAHosting.org's network or server, such as viruses, Trojans, or worms; (b) Effecting security breaches or disruptions of any Internet or network communication. Security breaches include, but are not limited to, accessing data that the Client has not been expressly granted access to. For the purposes of this section, "disruption" includes but is not limited to Internet flooding, scans of any type, port scans, packet spoofing, forged mail headers, forged packet or routing information, or any other denial of service attack; (c) Any attempt to alter or modify in any way any bandwidth tracking or utilization reporting, or any other actions that have the effect of complicating the normal operational procedures of BSAHosting.org, including but not limited to modifying or removing BSAHosting.org created log files; (d) Attempting to circumvent or alter BSAHosting.org's established billing procedures; (e) Resale of any Web space under a domain name or any services without the written consent of BSAHosting.org; (f) Long-term file storage for backups or otherwise. BSAHosting.org is not liable for any data stored on our systems.

3. Server Resources

Any website that uses extreme server resources (including but not limited to CPU time, memory usage, and network resources) will be given an option of either paying extra (which depends on the resource needed) or reducing the resource used to an acceptable level. BSAHosting.org shall be the sole arbiter of what is considered to be a high server usage level. Any hosting account deemed to be adversely affecting the server performance or the network integrity may be shut down without prior notice, in BSAHosting.org's discretion.

4. CGI Scripts

CGI script sharing with domains not hosted by BSAHosting.org.com is not allowed. Any CGI-scripts deemed to be adversely affecting the server performance or the network integrity will be shut down without prior notice.

5. Chat Room Server Software and IRC

BSAHosting.org does not allow clients to install their own server-side chat rooms, IRC, or IRC bots to be hosted or operated on our servers.

6. UCE (Unsolicited Commerce Email) - SPAM

Participation in unsolicited Email or Usenet publishing, either as an originator, host of content (including web) or recipient of replies (mail drop), if such participation involves more than 1,000 individual mailings or receipts per month, is prohibited. If BSAHosting.org's network is placed on any blacklist or blackhole Email blocking list and it can be proven that Client is the cause of this placement on such list, Client agrees to take every action to remove our network from such list at its sole liability. Client also agrees that in the event that this occurs, and Client is not removed from such list within ten (10) days, Client shall owe to BSAHosting.org a $1000.00 fee and BSAHosting.org may immediately terminate this Agreement and all services without prior notice.

7. Software Distribution

BSAHosting.org's shared Web Hosting accounts are not to be used for the purposes of distributing software and multimedia products. If you wish to distribute software and/or multimedia files, please contact BSA@BSAHosting.org.com for special arrangement.

8. Additional Web Site Change Fees

Any web site whose configuration is changed per your request after the first 30-days will be subject to a service charge. This includes but is not limited to such items as domain name changes, additional IP pointers, Webalizer configuration changes, and any other change beyond the scope of normal service which you request.

9.Termination

To terminate this agreement, Client shall notify BSAHosting.org by submitting a "Notice of Cancellation" through BSAHosting.org.com/hosting/cancel.htm. To protect Client security, Email, FAX, and phone cancellation requests will Not be accepted. Clients shall continue to be responsible for all charges to their account through the date of termination. BSAHosting.org shall continue to provide services through the date of termination only if Client's account is current and no past-due balances exist.

New Clients purchasing a Website Hosting Plan may terminate this Agreement and receive a full refund, less the cost of any registered domain name, for any reason, during the first thirty (30) days of service.

In the event this Agreement is terminated after the first thirty (30) days of service, BSAHosting.org shall give Client a prorated refund for any months prepaid and unused lees the cost of any registered domain.

10. Payments and Late Payment Charge

Payment for all fees shall be due at the time the service is accepted by BSAHosting.org. Fees for Services shall be in the amount and frequency set forth in the Agreement (to begin on the date that the website request is received by BSAHosting.org) ("Payment Date"). This Agreement is for the entire Initial Term and applicable Renewal Term(s), and Client is obligated to pay the fees for Services voluntarily selected by Client.

Client shall pay a late charge of 1.5% per month, or the maximum rate permitted by applicable law, whichever is less, on any unpaid amount for each calendar month or fraction thereof that payments are in arrears to BSAHosting.org. All fees that have not been timely paid may be sent by BSAHosting.org to a collection agency. Client agrees to be responsible for paying all costs of collection, including, but not limited to, reasonable attorney's fees, court costs, charge backs, NSF Fees, and/or interest charges that are in addition to the amount owed for services provided.

Any billing inquiries should be directed to bsa@BSAHosting.org.com.

11. Checks or Money Order

Client may pay fees by PayPal (see section #12 below), Check, or Money Order in U.S. dollars only. BSAHosting.org will not accept international checks in foreign currency. In the event a check is returned as un-payable, Client will be assessed a $30.00 returned check fee. If Client fails to pay all fees within ten (10) days of the Payment Date, Client will be sent a Suspension of Services e-mail, which will grant Client ten (10) days to make payment.

12. PayPal

By using BSAHosting.org’s PayPal payment option (“PayPal”), you can purchase BSAHosting.org Services using PayPal. In connection therewith, you agree to allow PayPal to debit the full amount of your purchase from your PayPal account (“PayPal Account”) or from the credit card(s), debit card(s), bank account(s), or other allowed Payment Method(s) linked to your PayPal Account (“PayPal Funding Source”).

It is your responsibility to keep your PayPal Account and PayPal Funding Source current and funded, and your PayPal Account backed by a valid credit card. You agree that PayPal and BSAHosting.org will not be responsible for payments that fail to go through as a result of your PayPal Account or PayPal Funding Source no longer existing or holding insufficient funds. If for any reason PayPal is unable to withdraw the full amount owed for your purchase, you agree that PayPal and BSAHosting.org may pursue all available remedies in order to obtain payment. You agree that if the transaction is returned unpaid, you will pay a service charge of $25.00 or the maximum amount allowed by law, which may be debited from your PayPal Account or PayPal Funding Source.

By using our PayPal service you agree to the terms of the PayPal payment option, you authorize a debit of the full amount of your purchase from your PayPal Account or PayPal Funding Source.

13. Actions Taken by BSAHosting.org

When BSAHosting.org becomes aware of an alleged violation of this Agreement, BSAHosting.org will initiate an investigation. During the investigation BSAHosting.org may restrict Client access in order to prevent further possible unauthorized activity. Depending on the severity of the violation, BSAHosting.org may, at its sole discretion, restrict, suspend, or terminate Client's account and/or pursue other civil remedies. If such violation is a criminal offense, BSAHosting.org will notify the appropriate law enforcement department of such violation. BSAHosting.org does not issue service credits for any outages incurred through service disablement resulting from Policy violations.

14. Modification

BSAHosting.org reserves the right to add, delete, or modify any provision of this Agreement at any time without prior notice. The current version of this Agreement may be reviewed at: BSAHosting.org.com/usepolicy.htm.

15. Warranties and Limitation of Liability

THE SERVICES PROVIDED BY BSAHosting.org HEREUNDER ARE PROVIDED TO CLIENT ON AN "AS IS" BASIS. THE PARTIES AGREE THAT, NOTWITHSTANDING ANYTHING CONTAINED IN THIS AGREEMENT TO THE CONTRARY, NO WARRANTY, EXPRESS OR IMPLIED, IS MADE CONCERNING SUCH SERVICES, OR ANY COMPONENT OR ELEMENT THEREOF, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BSAHosting.org DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES PROVIDED HEREUNDER, OR ANY COMPONENT OR ELEMENT THEREOF. WITHOUT LIMITING THE FOREGOING AND EXCEPT AS SPECIFICALLY SET FORTH HEREIN, BSAHOSTING.ORG DOES NOT WARRANT THAT THE SERVICES PROVIDED HEREUNDER, OR ANY COMPONENT OR ELEMENT THEREOF, ARE OR WILL BE ERROR-FREE, UNINTERRUPTED, OR WILL MEET CLIENT'S REQUIREMENTS.

NOTWITHSTANDING ANYTHING CONTAINED IN THIS AGREEMENT TO THE CONTRARY, BSAHOSTING.ORG SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO CLIENT OR ANY OTHER PERSON FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE PROVISION OF SERVICES HEREUNDER, OR ANY COMPONENT OR ELEMENT THEREOF, INCLUDING, WITHOUT LIMITATION, RELIANCE BY ANY PERSON ON INFORMATION OBTAINED THROUGH SUCH SERVICES, VIRUS TRANSMISSION, OR DELETION OR LOSS OF FILES OR E-MAIL, LOSS OF DATA OR INFORMATION OF ANY KIND, LOSS OF PROFIT, OR OTHERWISE ARISING OUT OF THIS AGREEMENT, HOWEVER CAUSED, WHETHER BY THE ACT OR NEGLIGENCE OF BSAHosting.org OR OTHERWISE. NOTWITHSTANDING ANYTHING CONTAINED IN THIS AGREEMENT TO THE CONTRARY, THE MAXIMUM LIABILITY OF BSAHOSTING.ORG FOR ANY AND ALL LOSSES, CLAIMS, DAMAGES OR LIABILITIES OF ANY KIND UNDER THIS AGREEMENT SHALL BE LIMITED TO AN AMOUNT EQUAL TO TOTAL AMOUNT OF FEES PAID BY CLIENT TO BSAHosting.org THIS AGREEMENT.

Notwithstanding anything contained in this agreement to the contrary, in the event of a breach of this agreement by BSAHosting.org, Client shall notify BSAHosting.org of such breach in writing describing in detail such breach (the "Notice of Breach"). Notwithstanding anything to the contrary contained in this Agreement, BSAHosting.org shall have the option, in lieu of the payment of damages to Client hereunder, to remedy as soon as is reasonably practicable following the receipt of a Notice of Breach, any such breach to Client's reasonable satisfaction.

16. Personnel and Employee Hiring

BSAHosting.org and Client agree that, during the Term and for a period of one (1) year thereafter, each party will not hire, and will not engage as an independent contractor, any individual who has been involved in this Agreement hereunder as an employee of the other party, without the express written consent of the other party.

17. Independent Parties

BSAHosting.org and Client shall at all times be independent parties. Neither party is an employee, joint venturer, agent, or partner of the other; neither party is authorized to assume or create any obligations or liabilities, express or implied, on behalf of or in the name of the other. The employees, methods, facilities and equipment of each party shall at all times be under their exclusive direction and control.

18. Assignment

Client may not assign any rights or delegate any obligations created by this Agreement without the prior written consent of BSAHosting.org, which consent shall not be unreasonably withheld. Any assignment in violation of this Agreement is void. This Agreement shall be binding upon the successors and permitted assigns of the parties.

19. Force Majeure

Neither party shall be considered in default in the performance of any obligation hereunder to the extent that the performance of such obligation is prevented or delayed by a Force Majeure Event, which is defined to include a fire, flood, explosion, strike, war, insurrection, embargo, government requirement, act of civil or military authority, act of God, or any similar event, occurrence or condition which is not caused, in whole or in part, by that party, and which is beyond the reasonable control of that party. The parties shall take all reasonable action to minimize the effects of a Force Majeure Event. In the event that a Force Majeure Event prevents or delays the performance of a party for thirty (30) days, the other party shall thereafter have the right to terminate this Agreement upon written notice at any time before such performance resumes.

20. Severability

If any provision of this Agreement is found invalid or unenforceable by an arbitration panel or a court of law, the remainder of this Agreement shall continue in full force and effect.

21. Reservation of Rights

A delay or failure in enforcing any right or remedy afforded hereunder or by law shall not prejudice or operate to waive that right or remedy or any other right or remedy, including any remedy for a future breach of this Agreement, whether of a like or different character.

22. Entire Agreement and Amendments

This Agreement constitutes the entire agreement of the parties, superseding all prior agreements and understandings as to the subject matter hereof.

23. Headings

The headings used in this Agreement are intended for convenience only. They are not a part of the written understanding between the parties. They shall not affect the construction and interpretation of this Agreement.

24. Governing Law.

This Agreement shall be governed by and construed in accordance with the laws of California, excluding its principles relating to conflicts of laws. Any arbitration or court action hereunder shall take place in Los Angeles County, California.

25. Survival

The provisions of this Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, and 24 shall survive any expiration, cancellation or termination of this Agreement.

26. Contact Information

If you have any questions about this Agreement, please contact us by email or regular mail at the following address:

BSAHosting.org
P.O. Box 4671
Covina, CA 91723
BSA@BSAHosting.org