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.
will be the sole arbiter in determining violations of this provision.
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.
of unacceptable content or links:
- i l l e g a l pornographic sites (such as child porn)
programs or archives
- 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.
will be the sole arbiter as to what constitutes a violation of this
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.
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.
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.
"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.
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.
Software Only: Client agrees to use only properly licensed third party
software in connection with Client's use of the Services.
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.)
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
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
We reserve the right to refuse services to anyone engaging in what is
generally known as "domain hijacking."
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.
Obligations, Renewals, and Cancellations
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
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.
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.
30-day Money Back Guarantee
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.
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
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.
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.
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
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.
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.
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
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.
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.
BASIC Networks will not search, sell, rent, lend, exchange or give your mail address, your zip code or your phone number at any third party without your explicit permission. The information provided by you is protected and cannot be accessed by anyone else. BASIC Networks will only use the Customer's personal information as reasonably necessary to provide the contracted services.
We request information from the user when using our order form. A user must provide their personal information (ex: name, address) and financial information (credit card number, expiration date), this information is all encrypted and will only be used for billing purposes and completing the order itself.
Although BASIC Networks maintains strict confidentiality on Customer's information,
there are certain exceptions in which BASIC Networks may disclose information
in its possession, including but not limited to information about the Customer's
internet transmissions and website activity in order to comply with court
order, subpoena, discovery request, warrant, statute, regulation or official
governmental requests. BASIC Networks has no obligation to notify Customer
about whom the information is sought or that BASIC Networks has provided
the information. Customer acknowledges the above exceptions and agrees to
them without reservation.
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.
Customer will not have the right to assign this Agreement without the prior
written consent of BASIC Networks.
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.
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.