| 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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