Terms Of Service Policy

Current Hosting Terms & Conditions
as of November 14, 2012 effective November 14, 2012

All BORGNET dot NET Internet Hosting Customers are bound by these terms of service.

THIS AGREEMENT FOR BORGNET dot NET WEB HOSTING SERVICES (the "Agreement") is made and effective as of the date of acceptance, by and between you, ("Customer") and ("BORGNET dot NET").

WHEREAS, Customer desires to utilize the BORGNET dot NET Web Hosting services to develop Customer's presence on the World Wide Web.

NOW, THEREFORE, in consideration of the mutual promises set forth herein, the parties hereto agree as follows:


1. BORGNET dot NET Services

BORGNET dot NET agrees to provide to Customer the BORGNET dot NET Web Hosting services as set forth in Hosting Plans ("BORGNET dot NET Web Hosting Services").

2. Payments, Invoicing and Late Fees

2.1. Credit Card Customers shall pay monthly in advance for our service according to our current published rates Hosting Plans and as may be amended during the term of this agreement. You agree that failure to pay such charges is grounds for termination of all your services. BORGNET dot NET shall indicate any changes in fees, which shall become effective upon thirty (30) days' notice.

2.2 Late fees are applied after 1 day late, Eg; your invoice is due on the 22nd of each month and you don't pay it a late fee of $50USD will be added to the invoice the following day and any services with us may be suspended.

2.2.1This only applies to web hosted sites and not to server contracts. Server contracts will have the $50 late fee imposed after 7 days.

2.2.2 If any credit/debit card is declined a return-item fee of $25 will be applied.

2.2.3 Virtual Credit Cards will not be accepted due to the fact that you can not verify identity with them.

2.3. PayPal is no longer accepted due to fraud.

2.4. Delinquent Accounts; BORGNET dot NET may terminate a Customer's account at anytime without notice for failure to pay or failure to provide new billing information within 1 days.

Additionally - If we suspect that the credit card is stolen you WILL BE REQUIRED to show proof of credit card account ownership, this WILL include a SCANNED COPY of the back and front of your credit card and your countries current drivers license issued in the same name as your credit card.

All documents must be faxed to +1-509-279-0118 within 6 hours.


3. Cancellation

Customer reserves the right to cancel account at any time. Customer will not receive any refunds. All sales are final. Customer agrees that no refunds will be given in the event that the Customer's account is terminated BORGNET dot NET, or Customer for any reason.

 

All services including webhosting, dedicated servers, SSL Certs, domain names or other products are set to auto renew unless you request via your account here to cancel the service for your product. No direct email or phone call will be accepted to cancel any service

 

Furthermore, Customer agrees that no refunds will be granted for cancellations by BORGNET dot NET due to Customer spamming, or other violations of this agreement by Customer. BORGNET dot NET does not guarantee that the services will be uninterrupted or error-free from time to time due to system maintenance or abuse.

 

Customer agrees to provide 24 hour notice prior to next credit card billing and all cancellations must be received by email to or by using our cancellation button under your "My Products & Services" section of our website.

 

The account username and current password must be included for verification.

 

**NOTE** All dedicated servers and support contracts are 1 year contracts, if you decide to cancel prior to your anniversary date you will be responsible to pay the balance of the contract. VPS Servers are 6 month contracts.



4. Responsibilities of BORGNET dot NET

4.1. BORGNET dot NET shall provide Customer with Web Hosting Service as set forth in Hosting Plans. BORGNET dot NET shall perform its services to the best of BORGNET dot NET's ability.

4.2. BORGNET dot NET reserves the right to refuse service to anyone at any time. If BORGNET dot NET should initiate termination of services with you, BORGNET dot NET shall provide sufficient notice to you in order to allow you to download your files. Should BORGNET dot NET initiate termination for any violations of this service agreement or server abuse, customers losses all rights to download any stored files on the BORGNET dot NET servers.

5. Responsibilities of the Customer

5.1.Customer shall be solely responsible for all content available on or through its site hosted by BORGNET dot NET, and shall at all times be subject to the terms of this Agreement.

5.2. Customer agrees not to use the BORGNET dot NET Web Hosting service in any manner that is illegal or libelous.

5.3. Customer warrants that its site hosted with BORGNET dot NET Web Hosting Services will not infringe or contain any content that infringes on or violates any copyright, U.S. Patent any third-party right, or violates any applicable law, rule or regulation. BORGNET dot NET shall have no obligations with respect to the content available on or through any site hosted on the BORGNET dot NET Web Hosting Services, including, but not limited to, any duty to review or monitor any such content. BORGNET dot NET reserves the right to block any site that violates any of the above-stated terms, or which in BORGNET dot NET's sole discretion, BORGNET dot NET deems objectionable or offensive, or otherwise violates a law or BORGNET dot NET's policy.

5.4. Third-party software available though BORGNET dot NET may be governed by separate end user licenses. You agree to be bound by the terms of such end user licenses regarding the applicable third-party software should you choose to download them.

5.5. Customer agrees to abstain from conduct such as sending mass, unsolicited emails (SPAMMING) sending chain letters, using more then a reasonable amount of CPU and or MEMORY on the server, causing the server to become slow and unresponsive due to over-usage, violating the security of either BORGNET dot NET or other organization systems and computers. Customer's whose accounts are found in violation of this policy may, at the discretion of BORGNET dot NET, have their account(s) terminated without notice and be subject to a $500 cleanup fee at the discretion of BORGNET dot NET. Or in the case of bandwidth abuse the site will be throttled back to a speed more in line with the type of account in use.

5.6 Metered bandwidth constitutes; that BORGNET dot NET will limit or throttle bandwidth to any customer's site that are using more than their allotted limit.

All sites on BORGNET dot NET servers have full speed access to a dedicated port. High bandwidth sites with heavy scripting may violate section 5.4 and or section 6.1 of this agreement, therefore the customer must make sure the CPU and or MEMORY usage on their site is not deemed excessive.

6. Site Content Restrictions

6.1. Customer is expected to use the Internet with respect, courtesy, and responsibility, giving due regard to the rights of other Internet users. Customer is expected to use his/her account for the purposes of maintaining a website only. Common sense is the best guide as to what is considered acceptable use.

6.2. Customer's whose website promotes activities that violate federal, state, local laws and/or violation of U.S. export restrictions are also not welcome at BORGNET dot NET. This includes "warez" sites (freely distributing copyright programs), phishing, credit card theft, or sites promoting hacking and/or cracking programs. Websites of this nature are considered non-professional and are not welcome.

Customer's whose accounts are found in violation of this policy may, at the discretion of BORGNET dot NET, have their account(s) terminated without notice and are subject to a maximum clean-up/disconnection fee of $50 which will be added to the handling fee of $35 for early termination should that apply at that time.

Additionally, BORGNET dot NET may contact the Software Piracy Association ("SPA") and other regulatory bodies such as FBI and other Governmental organizations and release any information in connection with any illegal activities relating to software piracy on the Customer's account. Illegal, pornographically explicit sites, Wording or pictures that directly insult religious groups & individuals are not tolerated on any customer sites and the content will be removed by BORGNET dot NET administrators, the customer will not be entitled to any compensation or recourse and will be asked to stop publishing such material, compliance will lead to cancellation of customers account.

6.3 BORGNET dot NET does not allow any pornographic sites due to bandwidth issues associated with this type of site, any sites set-up in contradiction to this rule will be immediately stopped and the customer will have an opportunity to change to a non pornographic content site if this is not an option then cancelling the account in this case no refund will be issued.

6.4 BORGNET dot NET does not allow site's that promotes hate and/or incite violence such as promoting Jihad, anti-Christian values or anti-Semitic content will be deleted on site and the account terminated without any notice and NO refund will be given. Also in cases like this your information including personal will archived and given to the proper authorities.

7. Warranties and Indemnification

7.1. IN NO EVENT WILL BORGNET dot NET's LIABILITY TO CUSTOMER ARISING OUT OF THIS AGREEMENT EXCEED THE AGGREGATE AMOUNTS PAID TO BORGNET dot NET HEREUNDER. IN NO EVENT WILL BORGNET dot NET BE LIABLE FOR LOST PROFITS OR LOST BUSINESS OPPORTUNITIES ARISING OUT OF THE TERMINATION OF THIS AGREEMENT. IN NO EVENT WILL BORGNET dot NET BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, RELIANCE, EXEMPLARY, PUNITIVE OR OTHER INDIRECT DAMAGES OF ANY NATURE, FOR ANY REASON, INCLUDING WITHOUT LIMITATION THE BREACH OF THIS AGREEMENT OR ANY EXPIRATION OR TERMINATION OF THIS AGREEMENT, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7.2. DISCLAIMERS BORGNET dot NET MAKES NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE PROGRAM OR ANY PRODUCT OR SERVICE OF BORGNET dot NET, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS, MERCHANTABILITY, NONINFRINGEMENT, OR ANY IMPLIED WARRANTIES BORGNET dot NET MAKES NO REPRESENTATION THAT THE CUSTOMER SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND BORGNET dot NET SHALL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS. ALL SERVICES ARE PROVIDED AS IS.

7.3. YOU AGREE TO USE ALL BORGNET dot NET's SERVICES AT YOUR OWN RISK. IN NO EVENT SHALL BORGNET dot NET BE LIABLE FOR ANY LOSS OF DATA, EMAIL, OR FILES, VIRUS INFECTION, DELAYS OR PERFORMANCE PROBLEMS DUE TO POWER OUTAGES, ACTS OF GOD, COMMUNICATIONS FAILURES, THEFT, OR DESTRUCTION OF PROPERTY.

8. Term and Termination

8.1. This agreement is effective when you accept BORGNET dot NET's Web Hosting Service and continues until terminated by either party.

8.2. Either party may terminate this agreement for any reason with upon receipt of email to the other party however BORGNET dot NET may terminate the Agreement immediately if any of the terms of this contract are not met.

9. American Express (AMEX) Agreement

9.1 Client's that use AMEX(American Express) cards give up their dispute rights under the AMEX TOS when used to pay their hosting costs and understand that the consumer laws that BORGNET dot NET abide by are governed by the State of Washington and NOT New York are in effect here. AMEX TOS contradicts the laws of Washington State and therefore can not be enforced unless AMEX assumes responsibility of theft of services in any disputes a client of theirs places against BORGNET dot NET. If AMEX decides to enforce its dispute policy AMEX Corp. assumes all responsibility of all monetary loss including ALL court costs and legal fees to recover the monetary amount lost due to "theft of services" and the possibility of criminal charges being filed for "theft of services and fraud". The ONLY exception to this term is from theft of identity and/or credit card which the card holder must prove by police report.

9.2 If you will not or cannot abide by this term you are banned from hosting your website(s) here AND if you are a current customer all content/data/property must be removed in 12 hours or risk losing it. No refunds will be issued and you give up your right to dispute any claims against BORGNET dot NET.

10. Government of this Agreement

You agree that the Laws of the State of Washington govern BORGNET dot NET's services. You agree that the state of Washington, specifically the City of Spokane, in which BORGNET dot NET is located shall be the location for any legal action relating to our services.

10.2 Local Law and Import/Export Control

We control and operate this Site from the United States. We make no representation that materials on the Site or WEB HOSTING SERVICES are appropriate or available for use in any particular location. You acknowledge that you choose to access the Site on your own initiative and are responsible for compliance with any applicable local laws. You acknowledge and agree that the Content and the Submissions are subject to the U.S. Import/Export Administration Laws and Regulations, and that diversion, import, export, or re-export of the Content or Submissions contrary to U.S. law is prohibited. You agree to comply strictly with all U.S. import/export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.

BORGNET dot NET can change this agreement at any time. By continuing to use our service you agree to the terms of this agreement. You may not amend or change this agreement unless BORGNET dot NET agrees to it in writing.

Disclosure to Law Enforcement: The AUP specifically prohibits the use of our service for illegal activities. Therefore, Client agrees that BORGNET dot NET may disclose any and all Client 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 Client. In addition BORGNET dot NET Internet Services shall have the right to terminate all service set forth in this Agreement.

BORGNET dot NET is a service of BORGNET dot US

Last Updated: November 14, 2012 effective November 14, 2012

Authorized by SGG