Terms of Service
Bosch Hosting's Terms of Service

IMPORTANT NOTICE: *All Payments To Bosch Hosting Are Non-Refundable*

Bosch Hosting ("The Company") agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).

Use of Bosch Hosting Service constitutes acceptance and agreement to Bosch Hosting's AUP as well as Bosch Hosting's TOS (Terms of Service).

All provisions of this contract are subject to the TOS (Terms of Service) of Bosch Hosting 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.

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 Bosch Hosting shall have the right to terminate all service set forth in this Agreement.

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. Any 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.

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 payment plan that was chosen. All accounts and payments are subject to the current 5% sales tax in South Carolina.

Payments and Fees: Service will be interrupted on accounts that reach 5 days past due. Service interrupted for nonpayment is subject to a $25 reinstate charge. Accounts not paid by due date are subject to a $25.00 late fee. Accounts that are not collectable by Bosch Hosting 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 $150. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.

Refund and Disputes: All payments to Bosch Hosting 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 Bosch Hosting's sole discretion is a valid charge under the provisions of the TOS and /or AUP, you agree to pay Bosch Hosting an "Administrative Fee" of not less than $50 and not more than $150.

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.

Account Cancellation: All requests for the cancellation of an account must be made within 15 days of the next billing date.

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.

Support Boundaries: We limit our technical support to our area of expertise. The following is our guidelines when providing support: Bosch Hosting provides support related to your server or virtual site physical functioning. Bosch Hosting does not offer tech support for application specific issues such as cgi programming, html or any other such issue. Bosch Hosting does not provide technical support for YOUR customers. If you can email, we encourage you to email support@boschhosting.com for assistance. If you are able to get online and have other questions, the answers may be found in the clients support forums or help desk - 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.

SPAM and Unsolicited Commercial Email (UCE): Bosch Hosting 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 Bosch Hosting may not use or permit others to use our network to transact in UCE. Customers of Bosch Hosting may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.

Violation of Bosch Hosting's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Bosch Hosting will initiate an immediate investigation (within 48 hours of notification). During the investigation, Bosch Hosting may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Bosch Hosting may, at its sole discretion, restrict, suspend or terminate customer's account. Further, Bosch Hosting reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Bosch Hosting will notify law enforcement officials if the violation is believed to be a criminal offense.

First violations of this policy will result in an "Administrative Fee" of $250 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $500 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 Bosch Hosting personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.

As our Customers are ultimately responsible for the actions of their clients over the Bosch Hosting network, it is advisable that Customers develop a similar, or stricter, policy for their clients.

IMPORTANT NOTICE:
BEGINNING IMMEDIATELY, anyone hosting websites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their accounts immediately removed from our network. The account will not be reinstated until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reinstating and agree to allow us access to the account to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the account from our network without notice to the customer. Any account guilty of a second violation WILL be immediately and permanently removed from our network without notice.

Network

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"). Bosch Hosting will monitor Customer's bandwidth and disk usage. Bosch Hosting 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 Bosch Hosting's sole and absolute discretion. If Bosch Hosting 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. In the event that a customer exceeds the included allocation, Bosch Hosting may, at its sole discretion, collect a deposit, in an amount determined by Bosch Hosting, against customer's credit card on file with Bosch Hosting.

System and Network Security: Users are prohibited from violating or attempting to violate the security of the Bosch Hosting Network. Violations of system or network security may result in civil or criminal liability. Bosch Hosting 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:

Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.

Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.

Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".

Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

Taking any action in order to obtain services to which such User is not entitled.

Notification of Violation:

Bosch Hosting 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.

First violation: Any User, which Bosch Hosting 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 Bosch Hosting's discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations.

Second Violation: Users that Bosch Hosting 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.

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 network or a customer's network, or if denial of service attacks are originating from your network. 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.

Suspension of Service or Cancellation: Bosch Hosting reserves the right to suspend network access to any customer if in the judgment of the Bosch Hosting 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 Bosch Hosting 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.

Bosch Hosting reserves the right to amend its policies at any time. All resellers, virtual hosting and dedicated accounts of Bosch Hosting must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy.

Indemnification: Bosch Hosting wishes to emphasize that in agreeing to the Bosch Hosting Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies Bosch Hosting for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to Bosch Hosting or the bringing of any claim against Bosch Hosting by any third-party. This means that if Bosch Hosting is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against Bosch Hosting, plus all costs and attorney's fees.

Miscellaneous Provisions: You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference.

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.

Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation.

Bosch Hosting takes no responsibility for any material input by others and not posted to the Bosch Hosting Network by Bosch Hosting. Bosch Hosting is not responsible for the content of any other websites linked to the Bosch Hosting Network; links are provided as Internet navigation tools only. Bosch Hosting 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.

Bosch Hosting is not responsible for any damages your business may suffer. Bosch Hosting does not make implied or written warranties for any of our services. Bosch Hosting 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 Bosch Hosting.

It is absolutely forbidden to host pornographic content or IRC servers on any Bosch Hosting accounts. Accounts found hosting this material will be subject to immediate cancellation without refund.

Responsibility for Content: You, as Bosch Hosting's customer, are solely responsible for the content stored on and served by your Bosch Hosting account.
 

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