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This Terms of Service statement ("TOS") sets forth the terms and conditions of your use of domain, hosting and related services ("Services"). In this agreement "You" and "Your" refer to you as the user of our services, or any agent, employee, servant or person authorized to act on your behalf. "We", "us" and "our" refer to Boston Computing LLC ("BCN"). This Agreement explains our obligations to you, and explains your obligations to us for the various services or products offered by BCN (“Services”). When you use your account or permit someone else to use it to purchase or otherwise acquire access to additional services or to cancel your services (even if we were not notified of such authorization), you signify your agreement to the terms and conditions contained in this Agreement.
Amendment
BCN may amend, modify or update the TOS at any time in its sole discretion; You shall be bound by any such amendment, modification or update. BCN may, but is under no obligation to, provide notice of any amendment, modification or update of the Privacy Policy, AUP, or TOS. If any material modification is unacceptable to you, you may terminate your subscription; however, if you do not terminate, or if you continue to use the Services following effectiveness of the modification, your continued use will mean that you have accepted all modifications.
Disclaimer of Warranty
All information, software, and services available through this site are provided "as is," without warranties of any kind, either express or implied. BCN does not warrant that any errors will be corrected or that the site or our services are free of viruses or other harmful components. Proceeding with usage of this site and BCN Services is solely at your own risk.
Limitation of Liability
Under no circumstances shall BCN be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from the use, or inability to use, this site or our Services. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis.
Indemnification
You agree to indemnify, defend and hold harmless BCN and affiliated companies, and each of their respective officers, directors, employees, shareholders and agents (each an "indemnified party" and, collectively, "indemnified parties") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses threatened, asserted, or filed by a third party against any of the indemnified parties arising out of or relating to (i) Your use of the Services, (ii) any violation of the TOS, (iii) any breach of any representation, warranty or covenant contained in the TOS or (iv) any of your acts or omissions.
Privacy Policy
BCN's Privacy Policy, which is incorporated herein by reference, is applicable to all Services. This statement contains information about our policy regarding the collection, usage, and security of confidential personal information submitted to and retained by BCN.
Acceptable Use Policy
BCN's Acceptable Use Policy, which is incorporated herein by reference, is applicable to all Services. You should use all Services for lawful purposes only. You agree to maintain Your website in full compliance with the terms and conditions set forth in the AUP.
IP Address Ownership
The rights to use any Internet Protocol address (IP address) assigned by BCN shall belong to BCN alone. You have no right to use that address except as permitted by BCN in connection with Services provided. BCN reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion.
Storage and Security
At all times, you shall bear full risk of loss and damage to your server and all of your own data. You are entirely responsible for maintaining the confidentiality of your password(s) and account information. You acknowledge and agree that you are solely responsible for all acts, omissions and use under and charges incurred with your account or password or in connection with the server or any of your server content displayed, linked, transmitted through or stored on the server. You shall be solely responsible for undertaking measures to: (i) prevent any loss or damage to Your server content; (ii) maintain independent archival and backup copies of Your server content; (iii) ensure the security, confidentiality and integrity of your server content transmitted through or stored on BCN servers; and (iv) ensure the confidentiality of your password. Our services are not intended to be used for data backup or archiving purposes. Using an account as an online storage space for archiving electronic files is prohibited and will result in termination of hosting services without prior notice. We reserve the right to delete your archives if they affect our overall server performance and we shall have no liability to you or any other person for loss, damage or destruction of any of your content. Our services are not intended to provide a PCI (Payment Card Industry) compliant environment and therefore should not be utilized as such without further compliance activity.
Billing and Payment
All fees for the services shall be in accordance with BCN's fee schedule then in effect, the terms of which are incorporated herein by reference, and shall be due at the times provided therein. Fees for renewal periods after the Initial Term shall be due and owing immediately upon the first day of such renewal period. BCN may impose a debt service charge equal to one and one-half percent (1.5%) of the overdue balance for each month or fraction thereof the overdue amount remains unpaid. In addition, in the event that any amount due BCN remains unpaid on the date when services expire, we may immediately terminate this agreement, and/or withhold or suspend services. At its sole discretion, BCN may, but is not obligated to, provide a grace period of seven (7) days after such payment is due for shared hosting packages and three (3) days for VPS and dedicated servers. There will be a $250.00 fee to reinstate accounts that have been suspended or terminated. All taxes, fees and governmental charges relating to the services provided hereunder shall be paid by you.
If you signed up for a monthly payment plan, your monthly billing date will be determined based on the day of the month you purchased the products or services. If you signed up for an annual (or longer) payment plan, and you elected the automatic renewal option, BCN will automatically renew your services when they come up for renewal and will take payment in accordance with the designated payment method at BCN's then current rates.
If you improperly charge back or fail to pay the balance due for web hosting services rendered, we may disable the ability to transfer any of your other BCN services away to a new provider.
Termination and Cancellation Policy
The initial term of your agreement with BCN shall be as set forth in your order form. The initial term shall begin upon commencement of the services. After the initial term, your agreement with BCN shall automatically renew for successive terms of equal length as the initial term, unless terminated or cancelled by either party as provided in this section.
This services agreement may be terminated by you by submitting a request to us of your intent in writing at least (60) days before the account is due to renew via any of the following methods: (i) create a helpdesk ticket under Billing category, (ii) send an email to [email protected], or (iii) write us U.S. Postal Mail to our company address, Boston Computing LLC, 120 Laurie Ave, Boston, MA 02132. As we are custodians of your data and we take data protection seriously, in all cases, we will respond in writing to your request to confirm the date of your desired termination.
This services agreement may be terminated by BCN at any time, without prior notice, for any of the following reasons: (i) if, in our judgment, you are in violation of any terms or conditions herein; or (ii) in BCN's sole judgment, your use of the services places or is likely to place unreasonable demands upon us or could disrupt our business operations; or (iii) for any other reason.
In the event of termination or suspension of services under any of the above circumstances, you agree (a) that no pre-paid fees will be refunded to you; and (b) that BCN may take control of any domain name associated with the terminated services, provided such domain name was registered through the our domain name registration system.
In the event of termination of this agreement caused by your default hereunder, you shall bear all costs of termination, including any reasonable costs BCN incurs in closing your account. You agree to pay any and all costs incurred by BCN in enforcing your compliance with this section. Upon termination, you shall destroy any copy of the materials provided to you hereunder and referenced herein. You agree that upon termination or discontinuance for any reason, BCN may delete all information related to you on the services.
Applicability
The TOS cannot be superseded by any verbal agreements of BCN employees or customers. Any agreement modification or special changes to this TOS must be in writing and signed by a BCN officer.
Jurisdiction
The terms of the TOS shall be governed in all respects by the laws of the Commonwealth of Massachusetts without regard to the conflict of law provisions thereof. Both parties submit to personal jurisdiction in Massachusetts.
Arbitration
Any controversy or claim arising out of or relating to this contract, or the breach thereof shall be settled by arbitration conducted in Boston, Massachusetts by a neutral arbitrator and administered in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Any judgment on the award rendered by the arbitrator(s) shall be in writing, shall state reasons for the award, and may be entered in any court having competent jurisdiction over the parties. Each party shall bear their own expenses, except that the prevailing party may recover the filing costs and expenses of the arbitrator from the other party.
Severability
If any provision of this policy is held by a court to be contrary to law, the remaining provisions will remain in full force and effect.
VIOLATION OF ANY SECTION OF THE TOS IS STRICTLY PROHIBITED AND MAY RESULT IN THE IMMEDIATE TERMINATION OR SUSPENSION OF YOUR SERVICES.
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