Upon signing up for Bizness Inc.'s services, all clients agree
to comply with Bizness Inc.'s Terms of Usage (“TOU”). The main goal of the TOU
is to ensure that clients are using Bizness Inc.'s services with due regard to
the rights of other clients and Internet users and in conformity with
the requirements of Bizness Inc.'s network environment. The TOU are not
exhaustive and Bizness Inc. reserves the right to add, delete, or change any
provision of its TOU at any time without notice, effective upon either the
posting of the modified TOU or notification of the modified TOU. Any complaints
about a client’s violation of the TOU should be sent to
Bizness Inc.'s software may be used for lawful purposes
only. Transmission, code copying, storage, or distribution of any
information, data, or material in violation of any applicable law or
regulation, or that may directly facilitate the violation of any particular law
or regulation is prohibited. This includes, but is not limited to: copyrighted
material and software; trademarks; trade secrets or other intellectual property
rights used without proper authorization; material that is obscene, defamatory,
constitutes an illegal threat, or violates export control laws of the country.
Additionally, in purchasing Bizness Inc.'s services, all Bizness Inc.'s clients
certify that they and/or the organization they represent in procuring services
from Bizness Inc. are not, nor have been designated, a suspected terrorist as
defined in Executive Order 13224; are not owned or controlled by a 'suspected
terrorist' as defined in Executive Order 13224; and are not on, are not a
member of, related to, associated with, or controlled by any organizations on
the list contained in the Annex to Executive Order 13224 and all updates
Sending unsolicited bulk and/or commercial messages over the
Internet (known as "spamming") is prohibited, regardless of whether or not it
overloads a server or disrupts service to Bizness Inc.’s clients. The term
"spamming" also includes, but is not limited to, maintaining an open SMTP
policy, engaging in spamming using the service of another ISP or IPP and
referencing in the spam a web site hosted on a Bizness Inc. server, and selling
or distributing software (on a web site residing on a Bizness Inc.
business server) that facilitates spamming. Violators will be assessed a
minimum fine of $200 USD and will face immediate suspension. Bizness Inc.
reserves the right to determine, in its sole and absolute discretion, what
constitutes a violation of this provision.
System and Network Abuse
Violations of system or network security are prohibited and may
result in criminal and civil liability. Examples of system or network security
violations include, without limitation the following: unauthorized access to or
use of data, software, systems or networks, including any attempt to probe,
scan or test the vulnerability of a system or network or to breach security or
authentication measures without express authorization of the owner of the
system or network; interference with service to any user, host or network
including, without limitation, mail bombing, flooding, deliberate attempts to
overload a system and broadcast attacks; forging of any TCP-IP packet header or
any part of the header information in an email or a newsgroup posting.
Viruses and Other Destructive Activities
Use of Bizness Inc.’s software, services or equipment for
creating or sending Internet viruses, worms or Trojan horses, or for pinging,
flooding or mail bombing, or engaging in denial of service attacks is
prohibited. It is also prohibited for any client to engage in other
activity that is intended to disrupt or interfere with, or that results in the
disruption of or interference with, the ability of others to effectively use
Bizness Inc.’s services and equipment (or any connected network, system,
service or equipment) or conduct their business over the Internet.
The Digital Millennium Copyright Act (DMCA) sets forth the law
regarding the use of copyrighted materials on the Internet. All Bizness Inc.'s
clients are subject to the requirements of the DMCA. Individuals or
entities submitting notifications of copyright infringement by a Bizness Inc.
client(per the DMCA) to Bizness Inc. must follow the below procedures.
Copyright infringement notifications submitted to Bizness Inc. according to
these procedures will be processed within 21 days of receipt. Clients who are
the subject of a DMCA notification that meets the below criteria may be subject
to account termination at Bizness Inc.’s sole discretion.
The use of Bizness Inc.’s services to store, post, display,
transmit, advertise or otherwise make available child pornography is strictly
prohibited. Bizness Inc. is required by law, and will, notify law enforcement
agencies when it becomes aware of the presence of child pornography on, or
being transmitted through, its software or services.
All payments are subject to Bizness Inc.’s
Bizness Inc. charges, you authorize Bizness Inc. to automatically charge your
credit or debit card for charges that apply to your account. Recurring charges
will be posted to your credit card until such time that you cancel your account
with 30 days of notifying us.
Bizness Inc. is concerned with the privacy of phone, on-line
communications and web sites. In general, the Internet is neither more nor less
secure than other means of communication, including mail, facsimile, and voice
telephone service, all of which can be intercepted and otherwise compromised.
As a matter of prudence, however, Bizness Inc. urges its clients to assume that
all of their on-line communications are insecure. Bizness Inc. cannot take any
responsibility for the security of information transmitted over Bizness Inc.'s
service equipment. Additional details on privacy and Bizness Inc.’s use of
client information can be found in Bizness Inc.’s Privacy
Clients are required to use the Bizness Inc. network
responsibly. This includes respecting the other clients of Bizness Inc. Bizness
Inc. reserves the right to suspend and/or cancel service with any client who
uses the Bizness Inc. software or network in such a way that adversely affects
other Bizness Inc. clients. While Bizness Inc. may monitor its service
electronically to determine that its facilities are operating satisfactorily,
as a general practice, Bizness Inc. does not monitor its clients'
communications or activities to determine whether they are in compliance with
the TOU. However, when Bizness Inc. becomes aware of any violation of the TOU
or other user agreements, Bizness Inc. may take any action to stop or correct
such violation, including, but not limited to, denying access to Bizness Inc.’s
software, services and equipment or to the Internet. In addition, Bizness Inc.
may take action against a client or a customer of such client because of the
activities of such client. Bizness Inc. anticipates that clients who offer
Internet services will cooperate with Bizness Inc. in any corrective or
preventive action that Bizness Inc. deems necessary. Failure to cooperate with
such corrective or preventive measures is a violation of Bizness Inc. policy
and Bizness Inc. reserves the right to take any such action even though such
action may affect other clients of the Bizness Inc. customer.
Client acknowledges that from time to time Bizness Inc. may deem
it necessary to limit or suspend the availability of Bizness Inc. services to
perform routine and remedial maintenance to the network, hardware, software, or
other related assets.
Actions Taken by Bizness Inc.
The failure by a client to meet or follow any of the TOU is
grounds for client account deactivation. Bizness Inc. will be the sole arbiter
as to what constitutes a violation of the TOU. Bizness Inc. reserves the right
to remove any client account without prior notice and to refuse service to
anyone at any time. When Bizness Inc. becomes aware of an alleged violation of
its TOU, Bizness Inc. will start an investigation. During the investigation,
Bizness Inc. may restrict a client's access in order to prevent further
potentially unauthorized activity. Depending on the severity of the violation,
Bizness Inc. may, at its sole discretion, restrict, suspend, or terminate a
client's web software licence and/or pursue other civil remedies. If such
violation is a criminal offense, Bizness Inc. will notify the appropriate law
enforcement authorities of such violation. An unlisted activity may also be a
violation of the TOU if it is illegal, irresponsible, or constitutes disruptive
use of the Internet. Bizness Inc. does not issue credits for outages incurred
through service disablement resulting from client TOU violations. Bizness Inc.
clients and their customers agree to indemnify and hold harmless Bizness Inc.
from any claims resulting from the use of our services that damages them or any
other party. The Bizness Inc. service is provided on an as is, as available
basis without warranties of any kind, either express or implied, including, but
not limited to, warranties of merchantability, fitness for a particular purpose
or non-infringement. Bizness Inc. expressly disclaims any representation or
warranty that the Bizness Inc. service will be error-free, secure or
uninterrupted. No oral advice or written information given by Bizness Inc., its
employees, its contractors, licensors or the like, will create a warranty; nor
may you rely on any such information or advice. Bizness Inc. and its partners
and suppliers will not be liable for any cost or damage arising either directly
or indirectly from any transaction or use of the service. Violators are
responsible, without limitations, for the cost of labor to rectify any damage
done to the operation of the network and business operations supported by the
network, and to respond to complaints incurred by Bizness Inc.
Any web site that uses a high amount of server resources (such
as, but not limited to, CPU time, memory usage, and network resources) will be
given the option to either pay additional fees (which will depend on the
resources required), reduce the resources used to an acceptable level, or
upgrade its service to a Dedicated Server plan. Bizness Inc. shall be the sole
arbiter of what is considered to be a high server usage level. Any account
deemed to be adversely affecting server performance or network integrity will
be shut down without prior notice.
Also please know that Bizness Inc. reserves the right to change
any of their policies or services offered as needed to accommodate server
resources or needed offerings. Also Bizness Inc. reserves the right to dismiss
a customer at any time if needed to accommodate these changes of services or
policies. This may be necessary upon software changes, software bugs or network
Due to the special system and network requirements of
adult-oriented sites, pornography and sex-related merchandising are strictly
prohibited for all clients. This includes sites that may infer sexual content
or provide links to adult content elsewhere. This is also true for sites that
promote any illegal activity or content that may be damaging to our servers or
any other server on the Internet, or provide links to such sites.
Hate / Discrimination
Bizness Inc. does not permit or tolerate websites that promote
hate, discrimination or violence toward a group based on race, religion or
Early Termination Fee On Yearly Contracts
Customer can exit the yearly contract before it expires by
paying Bizness Inc 3 months of the current monthly rate they are being charged
for Bizness Inc services.
Customer shall defend, indemnify and hold harmless Bizness Inc,
its affiliates and their respective present, former and future officers,
directors, employees and agents, and their respective heirs, legal
representatives, successors and assigns (collectively the "Bizness
Indemnitees”), from and against any and all losses, damages, costs, liabilities
and expenses (including, without limitation, amounts paid in settlement and
reasonable attorneys’ fees) which any of the Bizness Inc. Indemnitees may
suffer, incur or sustain resulting from or arising out of (i) Customer’s breach
of any representation, warranty, or covenant contained in the Agreement, (ii)
the Customer Content, the Customer Web site or any End User’s use of the
Customer Content or the Customer Web site, (iii) violation by Customer or any of
its officers, directors, employees or agents of the Acceptable Use Policy or any
applicable law, (iv) claims or actions of third parties alleging
misappropriation of trade secrets or infringement of patents, copyrights,
trademarks or other intellectual property rights arising from the use, display
or publication of Customer’s domain names, the Customer Web site, the Customer
Content, or the use of the Services in combination with hardware, software or
content not provided by Bizness (v) claims or actions by third parties relating
to or arising out of Customer’s use of the Services, and (vi) any failure of the
Customer Content or any aspect of the Customer Web site to be compatible with
the hardware or software used by Bizness to provide the Services, including any
damage to Bizness’ servers or other hardware caused thereby.