All services
provided by BASIC Networks may be used for lawful purposes only. Transmission,
storage, or presentation of any information, data or material in violation
of any or United States Federal, State or City, or any International laws
is prohibited. This includes, but is not limited to: copy righted material,
material we judge to be threatening or obscene, or material protected by
trade secret and other statute. The subscriber agrees to indemnify and hold
harmless BASIC Networks Corp. from any claims resulting from
the use of the service which damages the subscriber or any other party.
I l l e g
a l p o r n o g r a p h y is prohibited on all our servers.
This includes equally sites that link to such content.
If you are
unsure whether or not your site falls into this category feel free to contact
us with a description before signing up for an account or publish material
as an existing customer.
BASIC Networks
will be the sole arbiter in determining violations of this provision.
Also prohibited
are sites that promote any illegal activity or present content that may
be damaging to BASIC Networks servers or any other server on the internet.
Links to such materials are also prohibited.
Examples
of unacceptable content or links:
- Pirated
software
- i l l e g a l pornographic sites (such as child porn)
- Violations
of Copyrights
- Hacker
programs or archives
- Warez
sites
- Hate propaganda
Spam is a
direct violation and will get the site deleted without notice or refund. Spamming WILL get your account terminated. Selling of illegal software
and or bulk email addresses is not acceptable on our servers.
MP3 and other
types of sites designed for downloading of material by a mass user group.
This includes but is not limited to, Music, video, audio, Software or Freeware
or Shareware, Free Images and backgrounds, and anything else that makes
it an excessively high bandwidth site with the sole purpose to distribute
freely products for download.
BASIC Networks
will be the sole arbiter as to what constitutes a violation of this
provision.
- Disk
Space and Client Content: Single-domain hosting accounts: BASIC
Networks offers various single-domain hosting accounts. Neither disk space nor
bandwidth can be increased. We reserve the right to not host any single
website that consumes over 5000 MB of disk space. Each plan has a 15,000
file limit. Single-domain accounts are to be used by the primary owner
only. Owners of any multi-domain or reseller plan are welcome to resell
services. Client agrees that webpages and files uploaded to our servers
will not violate any state, federal or foreign laws or regulations; infringe
on any intellectual property rights of BASIC
Networks or any third party; be defamatory, slanderous or trade libelous; be threatening
or harassing; be discriminatory based on gender, race, age; promote hate;
or contain viruses or other computer programming defects which result
in damage to BASIC
Networks or any third party. Customers may not run IRC bots or clients. Unacceptable uses of our service also include:
Bulk emailing, unsolicited emailings, newsgroup
spamming, copyrighted MP3s, illegal content, illegal
adult content (e.g. showing minors), copyright infringement,
trademark infringement, warez, cracks, or
software serial numbers. BASIC
Networks will be the sole and final arbiter as to what constitutes a violation
of this policy.
- Bandwidth
Usage: (1) Hosting Plans: BASIC
Networks offers various plans with various data transfer allocations per month.
All single-domain plans have a 2 GB daily limit and all multi-domain and
reseller hosting plans have a daily 15 GB limit. Monthly limits are listed
in the plan details for each hosting plan. Bandwidth is calculated
by calendar month. Single sites that use over 2 GB
per day can automatically be disabled. Bandwidth cannot be combined with
multiple plans. We reserve the right to not host any single website that
consumes over 30 GB per month.
(2) VPS Servers and Dedicated Servers: VPS accounts or dedicated servers come
with a set bandwidth allotment (usually
300 GB to 500 GB for VPS accounts and 1000
or 1500 GB for dedicated servers). This
represents the amount of bandwidth that
a customer is allowed to use for each calendar
month. If a customer exceeds this allotment for
any reason in any calendar month, even if
the service was cancelled
during the month, Client agrees to be charged overage
bandwidth at a rate of $28 per 50 gigabytes.
Bandwidth billing is done in arrears, and
Client will receive a bill for overage bandwidth
during the first week of the following month
that the overage occurred. It is the customer's responsibility
to monitor bandwidth usage and to pay
for all overages.
- Excessive
Resource User Policy: Resources are defined as bandwidth and/or processor utilization.
A website is considered to be using "Excessive amounts of resources"
when it monopolizes the resources available by using 10% or more of system
resources for longer than 60 seconds. There are numerous activities that
could cause such problems; these include: CGI scripts, PHP, FTP, HTTP,
etc. A site that consumes over 2GB/day or 30 GB/month of bandwidth is
also considered "excessive resources." This policy is only implemented
in extreme circumstances and is intended to prevent the misuse of our
servers. We reserve the rights to suspend or terminate any hosting account
that we feel is jeopardizing our network. BASIC
Networks will be the sole and final arbiter as to what constitutes a violation
of this policy.
- MySQL: Each database has a 3 user limit, 36,000 queries/user per hour and
3,600 connections per hour.
- No
"Spam": UCE/UBE or "Spam" originating from a BASIC
Networks account, or associated with a BASIC
Networks account, is not tolerated. This includes any e-mail that promotes web
sites hosted on a BASIC
Networks account but is sent from an e-mail address not associated with that BASIC
Networks account. Client shall not use their BASIC
Networks services for chain letters, junk mail, bulk-email, or any use of distribution
lists to any person who has not given specific permission to be included
in such a process. BASIC
Networks reserves the right to deactivate or terminate any account(s) upon any
indication of such activity without notice. There will be a $140 clean
up fee if an account was suspended for policy violation. There is a 2000
Email limit that can be sent out within a 24 hour period.
- False
Information: False Information. Client agrees not to post false or
inaccurate information to news groups in violation of the news groups'
rules and regulations. If any news groups or service providers contact BASIC
Networks concerning unethical, false or unlawful activities by you, BASIC
Networks reserves the right to terminate your service without notice.
- Licensed
Software Only: Client agrees to use only properly licensed third party
software in connection with Client's use of the Services.
- Back-Up
Files: BASIC
Networks will make every reasonable effort to protect and backup data for Client
on a regular basis, however BASIC
Networks does not guarantee the existence, accuracy, or regularity of its backup
services and, therefore, client is solely responsible for independent
backup of data stored on Providers server and network. There is a one
time fee of $100 for our Administrator to retreive client's individual
back-up files. (We like to encourage you to make your own backups —
our plans allow you to do so from the hosting control panel.)
- 99.9%
Uptime: BASIC Networks Corp. have a 99.9% average uptime across the
entire network at large, which includes webservers, mailservers, and more
- as a whole. If a single server is temporarily offline, the rest of the BASIC
Networks servers remain unaffected and uninterrupted, thus contributing to our
overall uptime.
- Domain
Name Registration: BASIC
Networks uses eNom and Register.com for domain name registration. All listed registration
and transfer fees are annual fees. (Note that domains do not need to be
transferred to one of our our registrars for the sites to be hosted with BASIC
Networks.)
We reserve the right to refuse services to anyone engaging in what is
generally known as "domain hijacking."
Right to
Refuse Service
At
its sole discretion, BASIC
Networks has the right to refuse any and all service or services to any applicant,
customer, client whether it be an individual or legal entity.
Payment
Obligations, Renewals, and Cancellations
- Payment
Obligations: Full payment is required in advance, before hosting,
registration or any other service is established. You grant BASIC
Networks the right to debit the credit card or bank account via our online billing
services authorize.net, 2CheckOut, PayPal, Moneybookers, or via direct debit
through BASIC
Networks'
bank, depending on the form or payment and currency you choose to pay
in. You will be billed until the service is cancelled by you in writing
(e-mail or FAX) or is cancelled by BASIC
Networks according to terms of this Agreement. You warrant and represent that the
information you supply in the Order Form (or other information that BASIC
Networks may require) is accurate and truthful. All payment-due notices will be
send by electronic mail. No bills or invoices will be sent by postal mail
or FAX. If payment was not received by the renewal date, your account
will be suspended within 10 days after payment due date. Any
suspended account will be terminated within 20 days after payment
due date if no payment is received within this time.
- Renewals: Your account will be automatically renewed under the same time and fee
structure unless you give written notice to BASIC
Networks two (2) days before the renewal date for all hosting services, and 14
days before the renewal date for all dedicated servers that you do not
wish to renew.
- Cancellation:
You may cancel at anytime. To cancel an account, send a short e-mail message
with your name, username, and account password to BASIC Networks, cancel the service from within our billing gateway, or fax
the same (see sales sites' Contact Us page for FAX numbers and appropriate
email address). If
you cancel before the first 30 days, please refer to the details under
"Limited 30-day Money Back Guarantee." If you cancel after the
first 30 days from the opening of your account, you will be obligated
to pay all fees and charges accrued prior to the effectiveness of the
cancellation; this includes the charges for the then current hosting period.
Domain registrations are always for at least one year and are excluded from any money back guarantee. All cancellations must be received in email or FAX as per the deadlines
indicated by e-mail or FAX. Cancellations will be processed by our staff
on a daily basis.
Limited
30-day Money Back Guarantee
If
you are not completely satisfied with our services within the first 30 days
from the opening of the account, you will be given a full refund on your
hosting fee excluding possible setup fees and additional services. If paid
by credit card, refunds will be issued to the original credit card provided
at the time of purchase. If your account has been cancelled by us due to
a breach of the terms and conditions on your part, you will not be eligible
for a refund. Domain name registrations, however, are non-refundable and are excluded from any money back guarantee. Domain registrations services are completed the moment a domain has been registered or renewed.
Disclaimer
of Warranty
You agree to use the Services and any information obtained through or from BASIC
Networks Corp. at your own risk. You acknowledge and agree that BASIC
Networks exercises no control over, and accepts no responsibility for, the content
of information passing through BASIC
Networks'
host servers, network hubs, points of presence or the Internet. THE SERVICES
PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN AS IS, AS AVAILABLE BASIS.
BASIC NETWORKS MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTIBILITY
OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICES IT PROVIDES.
BASIC NETWORKS MAKES NO WARRANTIES THAT THE SERVICES WILL NOT BE INTERRUPTED
OR ERROR-FREE OR THAT ANY RESULTS OBTAINED FROM THE USE OF SERVICES IS ACCURATE
AND RELIABLE. BASIC NETWORKS EXPRESSLY DISCLAIMS ANY LIABILITY FOR THE CONTENT
OF ANY DATA TRANSFERRED EITHER TO OR FROM CUSTOMER OR STORED BY CUSTOMER
OR ANY OF CUSTOMER'S CUSTOMERS VIA THE SERVICES PROVIDED BY BASIC NETWORKS.
NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ANY BASIC NETWORKS PERSON
WILL CREATE ANY WARRANTY OR MAY YOU RELY ON SUCH INFORMATION OR ADVICE.
The terms of this Section will survive any termination of this Agreement.
BASIC Networks
is not responsible for any interruption in service or down time that may
occur, whether due to external network disruptions or negligence of BASIC
Networks. This includes loss of data resulting from delays, non-deliveries,
wrong delivery, equipment failure and any and all other service interruptions
caused by BASIC Networks.
Limitation
of Liability
You agree that BASIC Networks will not be responsible for any losses that
may incur where Services are accessed by third-parties through illegal or
otherwise unauthorized means, including but not limited to situations where
data is accessed through the exploitation of security gaps, weaknesses or
flaws (whether known or unknown to BASIC Networks at the time) which may
exist in the Services or in BASIC Networks' equipment used to provide the
Services.
Under no circumstances
will BASIC Networks be liable for any consequential, indirect, incidental,
special or punitive damages, or loss of profits, revenue, data or use by
Customer, any of its customers, or of any other third party, whether in
an action in contract or tort or strict liability or other legal theory.
BASIC Networks will not be liable to Customer, any of its customers, or
any other third party, for any loss or damages that result or are alleged
to have resulted from the use of or inability to use the Services, or that
results from mistakes, omissions, interruptions, deletion of files, loss
of data, errors, viruses, defects, delays in operations, or transmission
or any failure of performance, whether or not limited to acts of God, communications
failure, theft, destruction or unauthorized access to BASIC Networks' records,
programs, equipment or services.
Notwithstanding
anything to the contrary in this Agreement, BASIC Networks' maximum liability
under this Agreement for all damages, losses, costs and causes of actions
from any and all claims (whether in contract, tort, including negligence,
quasi-contract, statutory or otherwise) will not exceed the actual dollar
amount paid by Customer for the Services which gave rise to such damages,
losses and causes of actions during the 12-month period prior to the date
the damage or loss occurred or the cause of action arose.
This limitation
of liability reflects an informed, voluntary allocation between the parties
of the risks (known and unknown) that may exist in connection with this
Agreement. The terms of this Section will survive any termination of this
Agreement.
Indemnification
Customer agrees to indemnify, defend and hold harmless BASIC Networks, its
officers, directors, employees, shareholders and agents from and against
any and all claims, damages, losses, liabilities, suits, actions, demands,
proceedings (whether legal or administrative), and expenses (including,
but not limited to, reasonable attorney's fees) threatened, asserted, or
filed by a third party arising out of or relating to (i) Customer's use
of the Services, (ii) any breach by Customer of this Agreement, or (iii)
any acts or omissions of Customer. The terms of this Section will survive
any termination of this Agreement.
Force Majeure
BASIC Networks will not be liable for failure or delay in performing it
obligations if such failure or delay is due to circumstances beyond its
reasonable control, including but not limited to acts of any governmental
body, war, insurrection, sabotage, embargo, fire, flood, strike or other
labor disturbance, interruption of or delay in transportation, unavailability
of, interruption or delay in telecommunications or third party services
(including DNS propagation), failure of third party software or hardware
or inability to obtain raw materials, supplies or power used in or equipment
needed for provision of the Services.
Privacy Policy and Disclosure of Customer Information and Legal Process
BASIC Networks Corp. takes privacy in the digital age seriously; our privacy policies are governed by the provisions of the General Data Protection Regulation (GDPR). We have created this privacy statement in order to demonstrate our commitment to you, our customer, through transparent, easy-to-understand information regarding our data practices. You will understand what we collect, why we collect it and what we do with it. This policy applies to all BASIC Networks brands, websites, apps, products, services or technologies (we will collectively refer to these as “Services”). Additional privacy practices for certain Services can be found in Details for Specific Products and Services.
Information Collection: Account Level
At an Account Level, we collect and use information necessary to enable you to purchase and manage Services, provide you with support for those Services and to curate your experience with us. Some information is collected and used based on contractual consent and other is based on informed consent, which may be changed at any time.
- Basic Account Information:
Information Collected: Our site uses forms in which you give us contact information (such as your name, address, phone number, fax number, billing information, IP address and email address) so you can create an account, place orders, register domains, request information, and request support help. As you use your account, we may also collect support requests and other related types of information that is specific to the management of your account and Services with us.
Legal Requirement: This type of information is legally and/or contractually required to be able to purchase and use Services. For example, we are required to be able to verify this type of information upon request by our payment processor. It is also required to be able to serve legal notices to you and is mandated by certain Services we offer. In addition, some Services, such as domain name registrations, require this information for you to purchase them. If you are purchasing a domain from us, we are required by law to collect and retain this information. We are further required to verify that the information provided is accurate and serve legally required notices regarding your domain(s). Consent for the collection, use and retention of this information for these purposes is considered to be contractually given for the duration of your use of such Service and any legally required retention period.
- How We Use This Information
Sending Emails, (a) Legally Required Mails: As noted above, we use emails to communicate with you, to confirm your placed orders, to send information that you have requested and to serve legally or contractually required communications. Legally required emails cover ICANN mandated verification emails, renewal notices and any other policy or procedure created by ICANN which governs the purchase of domains. Additionally, we may be required by law to serve notices to you such as DMCA Takedown Notices, UDRP notices, etc. Or, we may deem a change to one of our policies to be material and, therefore, determine a duty (though not a legal requirement) to inform you of this change. These types of communications do not fall under any of our opt-out procedures.
Sending Emails, (b) Service Communications & Promotional Communications: We also may use this information when it is important for us to contact you regarding functionality changes to Services you have purchased and/or our website and provide customer service (“Service Communications”.) By creating an account with us and/or purchasing our Services, you agree to receive these types of communication and acknowledge that they are not optional. We also use this information to share details about new services and special offers we think you'll find valuable (“Promotional Communications”.) You are able to opt-out of receiving Promotional Communications (or opt-into) through preferences in your account's admin/billing panel and during the signup process for newly ordered products.
Legally Required Disclosure: We will never give share your information without your permission or in ways other than as outlined in this policy. The only exceptions to this are when we are required by law, in the good faith belief that such action is necessary in order to comply with the law, or when we must comply with a legal process. Examples of these types of exceptions are court orders, subpoenas, and UDRP/URS processes. In each of these situations, we will carefully review the documentation provided and only comply if such documentation meets requisite legal standards.
Changes in Our Practices: If we change our information-handling practices or other privacy aspects, we will post those changes on this privacy statement. If we make any material changes we will notify you by means of a notice on this site prior to the change becoming effective, and we may also try to notify you through email of the privacy changes, if necessary.
- Retention & Deletion of Account Information
Personal Information Following Termination of Account. When your BASIC Networks account is cancelled (either voluntarily or involuntarily) all of your personally identifiable information is placed in “deactivated” status within our corresponding databases. However, you should know that deactivation of your account does not mean your personally identifiable information has been deleted from our database entirely. We will retain and use your personally identifiable information, if necessary, in order to resolve disputes, enforce our agreements and/or as required by laws or regulations. Thus, it may not be immediately deleted upon request and is an approved exception to GDPR deletion rights. By creating an account with us, using our support services and/or purchasing Services, you acknowledge and agree to these terms of retention.
Information Collection: Site Usage
Device Information: We collect information from your devices (computers, mobile phones, tablets, etc.), such as IP address, cookie information, so that we may recognize your devices to provide you with legal notices (if required by your country of residence), support services (when you contact our support staff) and personalized experiences on our site and emails. Certain types of collection and use may be optional and controlled via our cookie tools.
Information from Others: We are dedicated to continually improving your experience on our website. Like many companies, we use third-parties to help us track browsing, identify technical issues and provide ways to enhance your overall experience. Several of the tools that we use and what they do are:
- Log Files: We use information gathered about you from our site statistics via log files provided by third-party tracking partners (for example, your IP address) to help diagnose problems with our server and to administer our website. We also gather broad demographic information from this data to help us improve our site and make your browsing and purchasing experiences more enjoyable. This is not linked to any personally identifiable information.
- Cookies: Our site uses cookies to keep track of your session information. We do link the information we store in cookies to personally identifiable information you submit while on our site.
We use both session ID cookies and persistent cookies. A session ID cookie expires when you close your browser. A persistent cookie remains on your hard drive for an extended period of time. You can remove persistent cookies by following directions provided in your internet browser’s “help” file.
We also use cookies to store your username if you request to have your username remembered during login. That information will be used to pre-fill the login form at a later time. If you are referred to our website through an ad or a partner, we will store the referral information in the cookies.
The use of cookies by our partners, affiliates, tracking utility company and service providers (e.g. if you order "G Suite" from Google through us) is not covered by our privacy statement. We do not have access or control over these cookies. Our tracking utility company uses session ID cookies to help us improve our site and make your browsing and purchasing experiences more enjoyable. By continuing to use and navigate our sites, services, applications, tools or messaging, you are agreeing to our use of cookies of described in this Privacy Policy.
Testimonials: We post customer testimonials on some of our sales websites which may contain personally identifiable information. We do obtain the customer's consent via email, prior to posting the testimonial, to post their name along with their testimonial. If you would like to request the removal of your testimonial from one of our sales sites, please contact us via email or support form.
Third-Party Product Offerings & Websites: Our site also contains links to other third-party websites, especially where we offer their products or services. BASIC Networks Corp. (basicnetworks.net) is not responsible for the privacy practices or the content of such websites. We encourage you to carefully read the privacy statement of any website you visit.
How We Share This Information
BASIC Networks shares information within its affiliated brands and companies. We also share information we have about you for the purposes described in this Privacy Policy, including to provide Services that you have requested. We do not share information that individually identifies our customers with companies, organizations or individuals outside of BASIC Networks, unless one of the following circumstances applies:
- With Your Consent: We will share information with companies, organizations or individuals outside of BASIC Networks when we have your consent. This includes third party providers who offer products or services through our service portal (Google's "G Suite" is again a good example here). These providers will each have their own privacy policies and will be identified in our Details for Specific Products and Services section.
- Within BASIC Networks Corp.: Information may also be shared within BASIC Networks to provide support and delivery of Services you purchase.
- With Partners: We may share your information with nonaffiliated companies who are:
- Analytics and Business Partners (Limited to Non-Personally Identifiable Information): We may share aggregated or pseudonymous information (including demographic information) with partners, such as measurement analytics, apps, or other companies. We do not, however, share information that personally identifies you (personally identifiable information is information such as name or email address.)
When you use third-party apps, websites or other products integrated with our Services (a good example are website scripts installed via the Fantastico or Softaculous script installers), they may collect information about your activities subject to their own terms and privacy policies.
- For Legal and Other Purposes: We may access, preserve and disclose information to investigate, prevent, or take action in connection with: (i) legal process and legal requests; (ii) enforcement of our general Terms of Service; (iii) claims that any content violates the rights of third-parties; (iv) requests for customer service; (v) technical issues; (vi) protecting the rights, property or personal safety of BASIC Networks Corp., its users or the public; (vii) establishing or exercising our legal rights or defending against legal claims; or (viii) as otherwise required by law. This may include responding to lawful governmental requests. Learn more about how we evaluate and respond to these requests here.
- New Ownership: If the ownership or control of all or part of BASIC Networks Corp. or a specific Service changes as a result of a merger, acquisition or sale of assets, we may transfer your information to the new owner.
Site Security
Our site has security measures in place to protect the loss, misuse and alteration of the information under our control. We use 256-bit SSL security to encrypt any transmissions when you provide credit card information, personal data, etc. No method of electronic storage or transmission over the internet is 100% secure, however. Therefore, we cannot guarantee its absolute security.
Protecting Children’s Privacy
Our Services are for a general audience. We do not knowingly collect, use, or share information that could reasonably be used to identify children under age 18 without prior parental consent or consistent with applicable law.
Data Processing and Transfers
When you use or interact with any of our Services, you consent to the data processing, sharing, transferring and uses of your information as outlined in this Privacy Policy. Regardless of the country where you reside, you acknowledge that you are directly transferring your data to our servers based in the United States and Germany, where BASIC Networks processes its data. In addition, you authorize us to transfer, process, store and use your information in countries other than your own in accordance with this Privacy Policy and to provide you with Services. Some of these countries may not have the same data protection safeguards as the country where you reside. By using our Services, you consent to us transferring information about you to these countries.
Other Important Information
This Privacy Policy Applies Only to BASIC Networks Corp.: This Privacy Policy does not apply to the practices of companies that BASIC Networks Corp. does not own or control, or to people that BASIC Networks does not employ or manage. In addition, some third-party products may have different privacy policies and practices that are not subject to this Privacy Policy. These products will be identified in the Details for Specific Products and Services section.
Changes
We may update this Privacy Policy from time to time, so you should check it periodically. If we make changes that are material, we will provide you with appropriate notice before such changes take effect.
Governing
Law; Jurisdiction; Arbitration
In the event of recourse to legal action, both parties agree to submit to
personal jurisdiction in the state of BASIC Networks Corp.'s incorporation,
Delaware, and the agreement shall be governed by the law of that state.
An award rendered in connection with arbitration pursuant to this Section
shall be final and binding upon the parties. The parties agree that the
award of the arbitral tribunal will be the sole and exclusive remedy between
them regarding any and all claims and counterclaims between them with respect
to the subject matter of the arbitrated dispute. The terms of this Section
will survive any termination of this Agreement.
Assignment
Customer will not have the right to assign this Agreement without the prior
written consent of BASIC Networks.
Entire
Agreement; Severability
This Agreement represents the entire agreement between the parties, and
supersedes all previous representations, understandings or agreements. If
any provision of this Agreement is held by a court of competent jurisdiction
to be invalid, unenforceable, or void, the remainder of this Agreement will
remain in full force and effect.
Customer hereby
represents that he, she or it, is either an individual entering this Agreement
for his or her personal use and is over 18 years of age, or is a corporation
other legal corporate entity, duly organized, validly existing and in good
standing under the laws of the state of its organization and the person
acting on behalf of Customer is duly authorized to accept, execute and deliver
this Agreement on behalf of Customer.
Terms
of Service (TOS) and Acceptable Use Policy (AUP)