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Please read the following very carefully.
By submitting the FOGHOST.COM online order form, Subscriber hereby
agrees to the following TERMS AND CONDITIONS AND ACCEPTABLE USE POLICY.
This web
site provides you with access to a rich collection of resources,
including, but not limited to, various communications tools, forums,
blogs and reviews and WEB HOSTING and domain name services ( all of
which maybe referred to as "service"). This Web Site is provided to you
under these "Terms of Use" and any amendments or supplements to them
that may be posted by BERYBOS LLC, FOGHOST.COM (hereafter, maybe
referred just as "BERYBOS LLC" or "FOGHOST" or
"company") from time to time (collectively
referred to as this "Agreement"). Your use of this Web Site
and the services provided, shall be
deemed to constitute your consent to be bound by the terms and
conditions of the Agreement and shall be enforceable in the same way as
if you had signed the Agreement. If you are not willing to accept the
terms and conditions in the Agreement, we ask that you not use the Web
Site or order any items/services from it.
Compliance With Laws
You agree to comply with all applicable local laws regarding your use of
the Web Site, including, without limitation, laws regarding
import/export of technical data by virtue of your online transmission.
Without exception, under all circumstances, BERYBOS LLC cannot be
held responsible for your non-compliance to any of the applicable laws.
Disclaimer
FOGHOST WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY
SUFFER. FOGHOST MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED
FOR SERVICES WE PROVIDE. FOGHOST DISCLAIMS ANY WARRANTY OR
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS
OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY
AND ALL SERVICE INTERRUPTIONS CAUSED BY FOGHOST AND ITS EMPLOYEES.
FOGHOST RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME.
CUSTOMER SHALL NOT TRANSFER OR ASSIGN THIS AGREEMENT WITHOUT THE PRIOR
WRITTEN CONSENT OF FOGHOST. HOWEVER, FOGHOST MAY ASSIGN THE CUSTOMER'S
CONTRACT, IN PART OR IN WHOLE, AT ANYTIME WITHOUT CONSENT FROM OR NOTICE
TO THE CUSTOMER. FOGHOST RESERVES RIGHT TO CANCEL CUSTOMERS RIGHTS UNDER
THIS CONTRACT AT ANYTIME WITHOUT FURTHER OBLIGATION.
ALL SUB-NETWORKS, RESELLERS AND DEDICATED SERVERS OF FOGHOST MUST ADHERE
TO ALL THE TERMS LISTED IN THIS PAGE.
Limitations of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BERYBOS LLC SHALL NOT BE
LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE
LOSSES (EVEN IF BERYBOS LLC HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES), RESULTING FROM:(1) THE USE OF, OR THE INABILITY TO USE,
THIS WEB SITE; (2) THE USE OF, OR THE INABILITY TO USE, ITEMS PURCHASED
ON THIS WEB SITE; (3) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES,
ITEMS, OR WEB SITES; (4) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA; (5) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY
ON THIS WEB SITE; OR (6) ANY OTHER MATTER RELATING TO THIS WEB SITE.
Indemnification
You agree to indemnify and hold harmless BERYBOS LLC, its directors,
officers, employees, agents, co-branders, subsidiaries, parents, and
affiliates, from and against any and all liability, losses, claims,
demands, disputes, damages, and costs of any kind, including, without
limitation, reasonable attorneys' fees and costs of litigation resulting
from or in any way connected with your use of the Web Site; Content you
submit, post, or transmit through the Web Site; your breach of
the Agreement; and your connection to the Web Site.
MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the
specific Service's registration process. You are responsible for
maintaining the confidentiality of the password and account, and are
fully responsible for all activities that occur under your password or
account. You agree to (a) immediately notify BERYBOS LLC of any
unauthorized use of your password or account or any other breach of
security, and (b) ensure that you exit from your account at the end of
each session. BERYBOS LLC cannot and will not be liable for any loss
or damage arising from your failure to comply with this Section.
USER CONDUCT
You understand that all information, data, text, software, music, sound,
photographs, graphics, video, messages or other materials ("Content"),
whether publicly posted or privately transmitted, are the sole
responsibility of the person from which such Content originated. This
means that you, and not BERYBOS LLC, are entirely responsible for all
Content that you upload, post, email, transmit or otherwise make
available via this site. BERYBOS LLC does not control the Content
posted in this site and, as such, does not guarantee the accuracy,
integrity or quality of such Content. You understand that by using this
site, you may be exposed to Content that is offensive, indecent or
objectionable. Under no circumstances will BERYBOS LLC be liable in
any way for any Content, including, but not limited to, for any errors
or omissions in any Content, or for any loss or damage of any kind
incurred as a result of the use of any Content posted, emailed,
transmitted or otherwise made available in this site.
You agree to not to:
1. upload, post, email, transmit or otherwise make available any Content
that is unlawful, harmful, threatening, abusive, harassing, tortuous,
defamatory, vulgar, obscene, libelous, invasive of another's privacy,
hateful, or racially, ethnically or otherwise objectionable;
2. harm minors in any way;
3. impersonate any person or entity, including, but not limited to, a
BERYBOS LLC official, forum leader, guide or host, or falsely state
or otherwise misrepresent your affiliation with a person or entity;
4. forge headers or otherwise manipulate identifiers in order to
disguise the origin of any Content transmitted through the Service;
5. upload, post, email, transmit or otherwise make available any Content
that you do not have a right to make available under any law or under
contractual or fiduciary relationships (such as inside information,
proprietary and confidential information learned or disclosed as part of
employment relationships or under nondisclosure agreements);
6. upload, post, email, transmit or otherwise make available any Content
that infringes any patent, trademark, trade secret, copyright or other
proprietary rights ("Rights") of any party;
7. upload, post, email, transmit or otherwise make available any
unsolicited or unauthorized advertising, promotional materials, "junk
mail," "spam," "chain letters," "pyramid schemes," or any other form of
solicitation, except in those areas (such as shopping rooms) that are
designated for such purpose (please read our complete Spam Policy);
8. upload, post, email, transmit or otherwise make available any
material that contains software viruses or any other computer code,
files or programs designed to interrupt, destroy or limit the
functionality of any computer software or hardware or telecommunications
equipment;
9. disrupt the normal flow of dialogue, cause a screen to "scroll"
faster than other users of the Service are able to type, or otherwise
act in a manner that negatively affects other users' ability to engage
in real time exchanges;
10. interfere with or disrupt the Service or servers or networks
connected to the Service, or disobey any requirements, procedures,
policies or regulations of networks connected to the Service;
11. intentionally or unintentionally violate any applicable local,
state, national or international law, including, but not limited to,
regulations promulgated by the U.S. Securities and Exchange Commission,
any rules of any national or other securities exchange, including,
without limitation, the New York Stock Exchange, the American Stock
Exchange or the NASDAQ, and any regulations having the force of law;
12. provide material support or resources (or to conceal or disguise the
nature, location, source, or ownership of material support or resources)
to any organization(s) designated by the United States government as a
foreign terrorist organization pursuant to section 219 of the
Immigration and Nationality Act;
13. "stalk" or otherwise harass another; or
14. collect or store personal data about other users.
You acknowledge that BERYBOS LLC may or may not pre-screen Content,
but that BERYBOS LLC and its designees shall have the right (but not
the obligation) in their sole discretion to pre-screen, refuse, or move
any Content that is available in this site. Without limiting the
foregoing, BERYBOS LLC and its designees shall have the right to
remove any Content that violates the Terms of Use or is otherwise
objectionable. You agree that you must evaluate, and bear all risks
associated with, the use of any Content, including any reliance on the
accuracy, completeness, or usefulness of such Content.
You acknowledge, consent and agree that BERYBOS LLC may access,
preserve, and disclose your account information and Content if required
to do so by law or in a good faith belief that such access preservation
or disclosure is reasonably necessary to: (a) comply with legal process;
(b) enforce the Terms of Use; (c) respond to claims that any Content
violates the rights of third-parties; (d) respond to your requests for
customer service; or (e) protect the rights, property, or
personal safety of BERYBOS LLC, its users and the public.
You understand that the technical processing and transmission of the
Service, including your Content, may involve (a) transmissions over
various networks; and (b) changes to conform and adapt to technical
requirements of connecting networks or devices.
PRIVACY
BERYBOS LLC does not sell or license your personal information.
We may share your personal information with business partners who work
on behalf of BERYBOS LLC to provide you with a product or service.
These business partners may only use your personal information to assist
BERYBOS LLC, and are prohibited from using your personal information
for other purposes. We may disclose anonymous aggregate information (for
example, the percentage of our viewers that visit the product review
section of our Web site) to third parties such as our advertisers or
business partners.
BERYBOS LLC will also disclose personal information about its viewers
when the law requires it, such as when we respond to subpoenas, court
orders or other legal process. In the event that BERYBOS LLC merges
with or is acquired by another business entity we may share some or all
of your information with the new entity in order to continue to provide
you with our products and services.
We use any information we collect from you to confirm the validity of
submitted reviews, offer promotions, customize our services, improve the
content of our Web site, provide you with our newsletter and notify you
about our products and services. BERYBOS LLC may also use the
information for internal purposes, such as studying our viewers'
preferences. We use the information collected regarding the activity on
our Web site (such as the number of viewers and the pages commonly
visited) on an anonymous basis. We may aggregate this anonymous
information and use it to improve our products and services.
Cookies
FOGHOST.COM may set and accesses cookies on your computer while you are
on our community of web sites. We use cookies to determine whether you
have been to our Web site before, to save your password, We do not use
cookies for our ads. We cannot access any cookies on your computer
except for those set by us. Companies which place advertisements on our
pages or offer products on our Web site may set and access their own
cookies on your computer while you are on our Web site. The use of
cookies by these companies is not subject to this Privacy Policy.
Children Under 13
This website is not designed for children under 13. If we discover that
you are under 13 and have registered with us, we will delete your
registration.
MODIFICATION, SUSPENSION, TERMINATION
You agree that BERYBOS LLC may, in its sole discretion, and at any
time, modify, discontinue, or suspend its operation of this Web Site, or
any part thereof, temporarily or permanently, without notice to you, and
you agree that BERYBOS LLC will not be liable for the consequences of
doing so. You also agree that BERYBOS LLC may, in its sole
discretion, and at any time, completely terminate your use of the Web
Site, and may remove or delete any or all of your Content within the Web
Site, without prior notice to you for any reason that BERYBOS LLC, in
its sole discretion, deems appropriate. You further agree that BERYBOS
LLC will not be liable to you or to any third party for the
consequences of any termination of your use of or access to the Website.
ACCEPTABLE USE POLICY: (AUP)
Customer Security Obligation
Each Customer must use reasonable care in keeping each server or network
devices attached to Company infrastructure up-to-date and patched with
the latest security updates. Failure to use reasonable care to protect a
server may result in a security compromise by outside sources. Company
is not responsible for Customer server level security unless a security
administration package, firewall security administration package or
fully managed operating system package is contracted for and maintained.
A compromised server creating network interference will result in
immediate Customer notification and will be disconnected from the
network immediately so as to not directly affect other Customers. No
service credits will be issued for outages resulting from disconnection
due directly to breached server security. The Customer is solely
responsible for any breaches of security affecting servers under
Customer control, including repairing the system, terminating the
account(s) of the abusive user(s), and reporting occurrence of the issue
to webmaster@foghost.com. If a Customer intentionally creates a security
breach, the cost to resolve any damage to Customer's server or other
servers will be charged directly to the Customer. The labor used to
resolve such damage is categorized as emergency security breach recovery
and is currently charged at $200.00 USD per hour.
System and Network Security
Violations of system or network security are strictly prohibited, and
may result in criminal and civil liability. Company investigates all
incidents involving such violations and will cooperate with law
enforcement if a criminal violation is suspected.
Examples of system or network security violations include, without
limitation, the following:
1. Introduction of malicious programs into the network or server
(example: viruses, worms, Trojan Horses, key loggers, and other
executables intended to inflict harm).
2. Effecting security breaches or disruptions of Internet communication
and/or connectivity. Security breaches include, but are not limited to,
accessing data of which the Customer is not an intended recipient or
logging into a server or account that the Customer is not expressly
authorized to access. For purposes of this section, "disruption"
includes, but is not limited to port scans, flood pings, email-bombing,
packet spoofing, IP spoofing and forged routing information.
3. Executing any form of network activity that will intercept data not
intended for the Customer's server.
4. Circumventing user authentication or security of any host, network or
account, including “cracking.”
5. Interfering with or denying service to any user, host, or network
other than the Customer's host (example: denial of service attack or
distributed denial of service attack).
6. Conduct designed to avoid restrictions or access limits to specific
services, hosts, or networks, including but not limited to the forging
of packet headers (“spoofing”) or other identification information.
7. Using any program script/command, or sending messages of any kind,
designed to interfere with or to disable, a user's terminal session, via
any means, locally or via the Internet.
8. Failing to comply with the Company's procedure relating to the
activities of Customers on the Company's premises. Violators of the
policy are responsible, without limitations, for the cost of labor to
correct all damage done to the operation of the network and business
operations supported by the network. Such labor is categorized as
emergency security breach recovery and is currently charged at $200.00
USD per hour required. Network interference by any Customers that may
cause or is currently causing network interference with another Customer
will be disconnected immediately. No service credits will be issued to
Customers disconnected for network violations.
Internet Etiquette
Each Customer is expected execute reasonable Internet etiquette
(Netiquette), the accepted behavior and expectations of the Internet
community. The Customer will comply with the rules appropriate to any
network to which Company may provide access. The Customer should not
post, transmit, or permit Internet access to information the Customer
desires to keep confidential. The Customer is not permitted to post any
material that is illegal, libelous, and tortuous, indecently depicts
children or is likely to result in retaliation against Company by
offended users. Company reserves the right to refuse or terminate
service at any time for violation of this section. This includes
advertising services or sites via IRC or USENET in clear violation of
the policies of the IRC channel or USENET group.
Child Pornography
Company will cooperate fully with any criminal investigation into a
Customer's violation of the Child Protection Act of 1984 concerning
child pornography. Customers are ultimately responsible for the actions
of their clients over Company network, and will be liable for illegal
material posted by their clients.
According to the Child Protection Act, child pornography includes
photographs, films, video or any other type of visual presentation that
shows a person who is or is depicted as being under the age of eighteen
years and is engaged in or is depicted as engaged in explicit sexual
activity, or the dominant characteristic of which is the depiction, for
a sexual purpose, of a sexual organ or the anal region of a person under
the age of eighteen years or any written material or visual
representation that advocates or counsels sexual activity with a person
under the age of eighteen years.
Violations of the Child Protection Act should be reported to the U.S.
Customs Agency at 1-800-BEALERT.
Copyright Infringement
Company datacenter infrastructure including network, leased hardware,
co-location services, and other hardware located in the facility may
only be used for lawful purposes. Transmission, distribution, or storage
of any information, data or material in violation of United States or
state regulation or law, or by the common law, is prohibited. This
includes, but is not limited to, material protected by copyright,
trademark, trade secret, or other intellectual property rights;
including creating, utilizing, distributing unauthorized copies of
software, or the use of BitTorrent or other types of technologies
utilized in the distribution of illegally copied materials. If Customer
copies, distributes or installs software in defiance of the license
agreement, Customer is violating federal copyright law. Company will
cooperate with all law enforcement agencies in relation to alleged
copyright infringement housed in our datacenters.
Hosting Policy
Data Unlawful or Against the AUP: Promoting violation of the law or the
AUP by hosting data that facilitates the violation is prohibited,
including but not limited to:
* Hosting web pages that detail the methodology of committing unlawful
acts, or acts violating this AUP.
* Hosting software, scripts, or other resources intended to facilitate
committing unlawful acts, or acts violating this AUP.
* Advertising, transmitting, storing, or using any software, script,
program, product, or service designed to violate this AUP.
* Harvesting. The collection of email addresses, credit card
information, or other personal information for fraudulent use or sale is
prohibited.
* Phishing. Hosting web pages with forwards to, containing scripts or
executables for, or any other component of an operation designed to
fraudulently collect authentication, credit card, names, addresses, or
any other personal data (“phishing”) is not permitted.
* Spamvertised Sites. Hosting web pages advertised by spam sent from
another network (“spamvertised”) is not permitted.
Email Policy
Email Spam. Company has a zero stance policy on SPAM, Junk E-mail or UCE.
Spam, Junk-mail and UCE are defined as: the sending of the same, or
substantially similar, unsolicited electronic mail messages, whether
commercial or not, to more than one recipient. A message is considered
unsolicited if it is posted in violation of a newsgroup charter or if it
is sent to a recipient who has not requested or invited the message. UCE
also includes e-mail with forged headers, compromised mail server
relays, and false contact information. This prohibition extends to the
sending of unsolicited mass mailings from another service, which in any
way implicates the use of Company whether or not the message actually
originated from our network.
Block Removal. If Customer actions have caused Company mail servers or
Company IP address ranges to be placed on black hole lists and other
mail filtering software systems used by companies on the internet,
Customer will be assessed a $100 charge to Customer account and $100 per
hour for administrative charges incurred to remove and protect mail
servers and IP ranges.
* Drop-Box Accounts. Using this network for the receipt of replies to
unsolicited mass email (spam) sent from a third-party network is
prohibited.
* Header Forgery: Forgery of email headers (“spoofing”) is prohibited.
* Proxy Spamming: Spamming via third-party proxy, aggregation of proxy
lists, or installation of proxy mailing software is prohibited.
* Relaying. Configuration of a mail server to accept and process
third-party messages for sending without user identification and
authentication is prohibited.
Mass Mailings: Sending mass unsolicited email is considered spam.
Unsolicited email is defined as email sent to a recipient who has not
double-opted in to mailings from the Customer. Senders of mass mailings
must maintain complete and accurate records of all opt-ins, including
the email and its headers if applicable, and provide such records to
Company upon request. If positive and verifiable proof of opt-in cannot
be provided, complaints from recipients of the mailing are considered
proof they did not subscribe and the mailing is unsolicited.
Mailing Lists: Company's mass mailing rules also apply to mailing lists,
list servs, or mailing services contracted for by Customer. The policy
is stated as follows: An acceptable mailing list will be focused at a
targeted audience that has voluntarily signed up for e-mail information
using a double opt-in process or that has made their e-mail address
available to Customer for distribution of information. The list must
also allow for automatic removal by all end Customers with
non-distribution in the future.
Fraud Policy
By agreeing to this AUP, Customer affirms that the contact and payment
information provided to Company identifies Customer and that Customer is
authorized to use the payment method. Commitment of fraud, obtaining
services, or attempting to obtain services by any means or device with
intent to avoid payment is prohibited.
IP Allocation
Company administers an Internet network on which multiple Customer
servers reside. Customers shall NOT use IP addresses that were not
assigned to them by the NOC staff or network administrators. Any server
utilizing IP addresses outside of the assigned range will be suspended
from network access until such time as the IP addresses overlap can be
corrected. Use of an unauthorized IP address will result in a charge of
$50 per IP. Use of an unauthorized IP address creating a third party
Customer outage will result in a $200 charge and termination of service
until the IP allocation is resolved.
IRC Policy
Company allows stand alone IRC servers which are not connected to global
IRC networks such as Undernet, EFnet, DALnet and other IRC networks. IRC
servers which establish and maintain connections to global IRC networks
such as Undernet, EFnet, DALnet and others will be considered to be in
violation of the Acceptable Use Policy.
Company does not allow IRC plug-ins, scripts, add-ons, clones or other
software that has the intent or effect of disrupting or denying service
to other users. Harassing, disrupting or denying service to other users
is expressly prohibited, and may result in the immediate suspension or
cancellation of Customer account(s).
If IRC servers attract DoS or DDoS attacks that disrupts or denies
service to other Customers, Company will null-route, ACL or otherwise
suspend service to maintain quality of service for other Customers on
our network.
Company allows the limited use of stand-alone IRC “bots”. Company
prohibits the use of “botnets”. Customer IRC server may run a “bot”, but
Customer may not join a “botnet”. The use of IRC BNC’s or other proxy
and re-direction software is expressly prohibited.
For the purposes of policy enforcement, any malicious activity observed
to originate from a Customer’s server may result in the immediate
suspension of service to the offending Customer’s server without prior
notice. Frequently compromised servers may be reviewed for account
termination on a case-by-case basis. The purpose of this case-by-case
review is to deter AUP prohibited activity from occurring under the
blanket excuse of a “compromised server.”
Harassing, abusive and aggressive IRC activity is prohibited. This
includes ‘flooding’ (rapid transmission of information with the intent
to harass or deny service), ‘hijacking’ (taking improper or unauthorized
control of channel or server operator privileges), sending messages to
users who do not want them, attempting to circumvent a channel or server
ban, impersonating other IRC users and other abusive IRC behavior as
determined by Company.
Company reserves the right to modify or amend the IRC policy at any
time.
Reseller Policy
Resellers are responsible for the conduct of their Customers and by
agreeing with this AUP, agree that their Customers will adhere to the
AUP. Resellers should make their perspective Customers aware of the AUP
and the consequences for violation.
Usenet Policy
E Usenet posts must conform to standards established by the Internet
community. Prohibited acts include, but are not limited to, the
following:
* Posting of articles and/or URLs for commercial purposes, except where
permissible by the charter or FAQ of that particular group and adhering
to the topic of said group.
* Posting of binary files to groups who do not allow for binary posts in
the charter of by the name of the group.
* Excessive cross-posting and/or excessive multi-posting, considered to
be the equivalent of Usenet spamming. Company reserves sole authority of
determining posts constituting excessive cross- or multi-posted.
* Canceling of posts other than Customers own posts.
* Using auto-responders or cancel-bots.
* Unauthorized creation, cancellation, or removal of newsgroups.
Note: While legitimacy of a posting is generally determined by a
moderator, Company reserves sole authority of determining post
legitimacy.
Violations of the AUP will result in the following:
* A warning notification via email, or telephone with 48 hours notice
for resolution.
48 hours is the standard notification; situations involving law
enforcement, phishing, fraud, password harvesting, network interference,
Denial or Disruption of service, IRC mis-use, or other malicious
activity can reduce the notification time frame.
Failure to resolve the AUP violation within 48 hours will result in any
or all of the
following:
* Removal of the violating content or service
* Removal of DNS for the server
* Temporary shutdown of the server
* Block on outgoing mail
* IP address routing to null
* Disabling of web hosting account
* Immediate disconnection of service with no re-activation.
* $200 fee assessed to Customer account for violation.
Suspension and Cancellation
FOGHOST will use reasonable care in notifying the Customer and in
resolving the problem in a method resulting in the least amount of
service interference as reasonably possible. FOGHOST reserves the sole
right to suspend service to any Customer located in our datacenter for
violation of the AUP without notice. You agree that FOGHOST reserves the right to
terminate service without any notice to you, for any violations of the AUP
OR for any undisclosed reason.
FEES,
PAYMENTS AND BILLING POLICIES
1. As consideration for the services you have selected, you agree to pay
us the applicable service fees. As further consideration for the Services, you agree to:
a. Provide certain current, complete and accurate information about you
as required by the checkout process and
2. All such information shall be referred to as account information
("Account Information"). You hereby grant us the right to disclose to
third parties as needed to maintain your services. By submitting to this
Agreement, you represent that the statements you have made in are true
and you will not use our Services for any unlawful purpose.
3. Fees and Payments
a. All fees are payable in US Dollars.
b. All fees payable hereunder are NON-REFUNDABLE. The only
exception is for prepaid plans that costs over $75 per year. If
you have pre-paid for any of such plans, and wish to cancel it,
you will be refunded ONLY for the remaining time period, minus the
processing fees of $29.
c. If you provide us with your credit or debit card information, you
authorize BERYBOS LLC to automatically charge the card listed in your
account for any fees due on your account. Recurring fees will be charged
to the credit or debit card number listed in your account until you
cancel your account in accordance with our cancellation policy.
d. You are responsible for keeping updated credit or debit card
information in your account. This includes but is not limited to credit
card numbers, expiration dates, CVV2 numbers or billing address.
e. Overage charges apply when you go over the allotted bandwidth per month. You will be sent an invoice for overage, charged at $2/GB
and payment is due the following month. Failure to pay will result in your account being disabled. You can also purchase additional
bandwidth at wholesale price of $0.79/GB anytime. All bulk purchases expire exactly one year from the date of purchase. (You must use
the additional bandwidth purchased within one year.)
4. Billing Cycle
Your "Bill Day" is the day of the month you created your account. Your
account will be billed on this day every month, quarter or year,
depending on the payment plan you have selected.
5. Cancellation Policy
a. Services will automatically renew until a service is cancelled. If
you do not wish to renew your Monthly, Quarterly or Annual Service
agreement you must cancel your account by sending an email to our
Customer Service department.
b. A cancellation refers to the removal of user materials from our
systems and the deactivation of services.
c. There are no Refunds on pre-paid hosting plans. (Upon cancellation your card will no longer be charged.)
d. Domain Name Registrations CANNOT be cancelled. As the purchaser of
the Domain Name you are the Domain Name's owner until the term of the
Domain Name's registration has expired. You agree that there will be No
Refunds on Domain name orders.
e. FOGHOST.COM will not automatically cancel services for problems
related to registrar transfers, non-usage, your ISP, or any other issues
not directly related to FOGHOST.COM's services.
f. FOGHOST.COM reserves the right to cancel any account
at any time without notice, for any reason it deems appropriate.
6. Billing Disputes and Bank Charge Backs
a. All Bank Disputes and Bank Issued Charge Backs result in the complete
cancellation of your account immediately. All Bank Disputes and Charge
Backs may be reported to the issuer's Credit Agency.
b. If a Charge Back is made on domain name registration or renewal fees,
you forfeit all ownership and administrator rights to the domain name(s).
c. In the event that a Charge Back was made in error, you will be
required to pay a $50.00 reinstatement fee for each credit card charge
back received by FOGHOST before your services and/or domain name will be
reactivated.
7. Billing/Price Changes
a. FOGHOST.COM reserves the right to change billing prices and policies
at any time without notice.
E. Domain Name Registration
For Domain registrations, in addition to all the above policies, you
must agree the following.
1. You must agree to these terms in Domain Name Registration agreement
in order to use these services. You can find this agreement in the
domain registrations page.
2. ICANN Policy can be viewed here: http://www.icann.org/dndr/udrp/policy.htm
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