Terms of Use

By Participating in this program owned by BudgetHostPlan, you agree to all terms outlined below:

Latest update to these terms: 8/15/2003

STORAGE VS. WEB SITE HOSTING
BudgetHostPlan is in the business of providing web site hosting not online storage. All hosting accounts must provide a domain name when they are ordered. That domain name must be set to resolve to our DNS server within 72 hours of purchase of the hosting account. All accounts that the domain name does not resolve to will be suspended until such time as the DNS is updated to reflect our server. If, 72 hours pass after your suspension, your domain name still does not resolve to our server your account will be closed and you will not receive any refund for monies paid. If you choose to continue hosting with BudgetHostPlan after you account is close you are subject to a $10.00 reconnection fee, and your account will be reactivated after your Domain resolves to our servers. If you are looking for storage space only please contact our sales department for pricing.

SPAMMING IS NOT PERMITTED
Do not advertise or put our link on any site that is promoted in any way related to unsolicited email, ICQ or IRC spams, or newsgroup postings. Opt-in email newsletters require pre-approval. If we receive spam complaints, your link will be disabled, your account will be immediately terminated, and we will take LEGAL ACTION against you. Please be aware, MRG lists is not acceptable, as well as, any other program that hides the sender email address. We terminate sites without notification when any of these types of programs are discovered.

First violations of this policy will result in an "Administrative Fee" of $50 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $100 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 $75 per hour that BudgetHostPlan personnel must spend to investigate the matter.

BULK E-MAIL
We also monitor "Bulk E-mail". While cpanel has a mailing list program installed, any mailing over 2500 messages must be pre-approved. In addition, any site sending over 5000 messages per month will be considered "Bulk". Bulk e-mail ties up the mail que and delays messages for other users. Therefore, we must limit the amount of use on any shared server. There are some arrangements that can be made to accommodate a user with a large list which includes extra fees and special mail scheduling software. Please be aware that posting to Free for All web pages could generate "bulk email" from autoresponders of the FFA list users you have posted to. We may need to take action if these autoresponders are spamming the server and causing the mail que too many delays.

ALLOWED SITES
Your site must be legal in representation and abide by all laws within the United States of America.

Although we do not monitor the content of all sites all of the time, we will not host websites that have warez, extremely offensive, or illegal content, or link to websites that have illegal content.

The website cannot attempt to download any virus or malicious or annoying files when opened. IRC bots, programs, or networks of anykind are not allowed. If an IRC program is discovered, immediate termination will result without warning. The following processes are illegal on our servers and will be killed automatically: BitchX, bnc, eggdrop, guardservices, ircd, psyBNC, ptlink, services.

Websites with processes that consume or take the server load to an unmanageable level will have that process terminated immediately - this includes the use of VI Edit or VIM. Accounts granted SSH access that are found to have processes running in this same manner will have SSH access deactivated for a minimum of 6 months.

THE PROGRAM'S RIGHTS
We reserve the right, at our request, to see all referring pages and servers logs if necessary. If illegal content is discovered, upon request, we will turn over all site related documents, files and logs to the proper authorities. We reserve the right to terminate webmasters without payment who make derogatory comments about the program or employees of BudgetHostPlan Network's. We reserve the right to suspend or terminate at will for non-payment. Sites suspended for non-payment wishing to become unsuspended, may be required to pay for an entire year in advance to leave suspended status and must pay a $10.00 re-activation fee, per incident. In addition, all back monies due, must be collected before activation. Accounts that are not collectable by BudgetHostPlan.com 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, but no more than $150. There is a charge of $25.00 each time we attempt to charge your credit card for service and that card is declined. This fee must be paid or your account will be suspended until such time as all fees are paid.

BudgetHostPlan offers a full 30-day money back guarantee on its hosting service. A full refund will be given within the first 30 days of an account begin paid, so long as it is due to a technical problem. BudgetHostPlan.com must be made aware of such issues using our support trouble ticket system and have ample time to correct such issues before refunding payment back to customer. All set-up fees are non-refundable. After customers first initial 30 days, you may cancel at anytime with 15 days written notice to us. At such time monthly subscribers will not be billed for the following full months payment, and annual subscribers will be refunded a pro-rated amount based on time of service remaining. This pro-rate amount will be calculated starting on the first full month following notice of cancellation.

ANNUAL HOSTING PACKAGES
Annual Hosting- BudgetHostPlan hosting plans are set to give our users the most useful tools available to manage the accounts. Standard set up is for yearly pay plans.

Hosting plans that are paid annually are heavily discounted. The discounts warrant BudgetHostPlan to require a 12 month term agreement to cover the discounted annually hosting fees. When a discounted annual hosting plan is ordered, the user agrees to a term of 12 months of hosting with the BudgetHostPlan Web Hosting Network.

IP ADDRESS OWNERSHIP
If BudgetHostPlan assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to BudgetHostPlan, and Customer shall have no right to use that Internet Protocol address except as permitted by BudgetHostPlan in its sole discretion in connection with the Services, during the term of this Agreement. BudgetHostPlan shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by BudgetHostPlan, and BudgetHostPlan reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN's new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting.

BANDWIDTH
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. BudgetHostPlan will monitor Customer's bandwidth and disk usage. BudgetHostPlan 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 BudgetHostPlan sole and absolute discretion. If BudgetHostPlan 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, BudgetHostPlan may, at its sole discretion, collect a deposit, in an amount determined by BudgetHostPlan, against customer's credit card on file with BudgetHostPlan.com.

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

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

Attempting to couple many hosting packages together to take advantage of massive space or bandwidth allocations. Each hosting package purchased is unique to a domain name and use - please do not purchase multiple "plan 1's" for instance to get the combined bandwidth & space. BudgetHostPlan will stop such transactions and label them as deceptive. We have an upgrade path for all services and we can often times work out special deals for users if they ask us for the assistance.

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.

TERMINATION
We take these terms very seriously. An account is found to be violating one or more of the above terms will be terminated without payment or notification.

INDEMNIFICATION:
You shall indemnify, defend and hold BudgetHostPlan and its affiliates harmless from and against any damage, loss, expense (including reasonable attorney's fees and costs related to litigation) or penalty or any claim or action therefore, by or on behalf of any person, arising out of: (a) any material on the your Web Site as linked through BudgetHostPlan Network, including without limitation, those arising from claims or suits for defamation, copyright or trademark infringement, misappropriation, violation of the Lanham Act or rights of privacy or publicity or from any and all similar claims now known or hereafter devised; (b) a breach by you of a warranty under this Agreement; (c) any negligence or willful misconduct by you.

NO WARRANTIES.
BudgetHostPlan PROVIDES ALL MATERIALS AND THE SERVICES TO YOU AND ITS SUBSCRIBERS "AS IS." BudgetHostPlan MAKES NO OTHER WARRANTIES AND BudgetHostPlan DISCLAIMS ALL WARRANTES AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. BudgetHostPlan. DOES NOT WARRANT THAT THE SERVICES OR SIGN-UP PAGE WILL BE INTERRUPTED OR ERROR FREE, NOR DOES BudgetHostPlan MAKE ANY WARRANTY AS TO THE PERFORMANCE OR ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE SERVICES OR THE SIGN-UP PAGE. In addition, there are no guarantee's made on actual profit that can be made through our reseller plans. Any profit calculations are only examples and are not guaranteed. All resellers are Independent Contractors.

LIMITATION OF LIABILITY.
NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED TO CONSTITUTE A WARRANTY, EXCLUSIVE OF SUCH SPECIFICALLY DESCRIBED HEREIN. BudgetHostPlan's MAXIMUM LIABILITY TO YOU UNDER THIS AGREEMENT, AND YOUR EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT INCLUDING NEGLIGENCE, WILL BE LIMITED TO THE RECOVERY OF ACTUAL DAMAGES UP TO THE TOTAL AMOUNT OF $250. IN ADDITION, BudgetHostPlan SHALL NOT BE LIABLE TO YOU FOR LOST PROFITS OR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHETHER BASED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BudgetHostPlan MAY SEEK INJUNCTIVE RELIEF TO PREVENT YOU FROM DISSEMINATING BudgetHostPlan's CONFIDENTIAL INFORMATION OR FROM UNAUTHORIZED USE OF BudgetHostPlan's COPYRIGHTS and/or TRADEMARKS.

GENERAL TERMS AND CONDITIONS.
Notice, Governing Law, Force Majeure, Waiver, Entire Agreement. Any notice which either Party may desire to give the other Party must be in writing and delivered, by mail or facsimile to the relevant Party at the address of such Party as set forth in this Agreement or such other address as the Parties may hereinafter designate. This Agreement shall be construed and enforced in accordance with the laws of the State of Florida, except that body of law concerning conflicts of law. Venue will be Volusia County, Florida. BudgetHostPlan shall not be liable to you for any delay or failure to perform which results from causes outside its reasonable control. A judicial determination that any provision of this Agreement is invalid in whole or in part shall not affect the enforceability of those provisions found to be valid. If BudgetHostPlan fails to require performance of any duty hereunder by you, such failure shall not affect its right to require performance of that or any other duty thereafter. The waiver by BudgetHostPlan of a breach of any provision of this Agreement shall not be a waiver of the provision itself or a waiver of any breach thereafter, or a waiver of any other provision herein. This Agreement, including any supplements, modifications or amendments hereto, and the E-Mail, including any supplements, modifications or amendments thereto, shall constitute the entire agreement between the Parties regarding its subject matter. This Agreement supersedes any and all previous proposals, representations or statements, oral or written. Except as otherwise stated in this Agreement, any modifications to this Agreement must be in writing and signed by authorized representatives of both Parties.

Assignment. This Agreement shall be binding upon and shall inure to the benefit of the Parties hereto, and their respective representatives, successors and permitted assigns. This Agreement shall not be assignable by you, without the express written consent of BudgetHostPlan, including to an entity in which it has merged or which has otherwise succeeded to all or substantially all of your business and assets to which this Agreement pertains and which has assumed in writing or by operation of law its obligations under this Agreement. Any attempted assignment in violation of this provision will be void.

Attorneys Fees. In the event there is any dispute concerning the terms of this Agreement or the performance of any Party hereto pursuant to the terms of this Agreement, and any Party hereto retains counsel for the purpose of enforcing any of the provisions of this Agreement or asserting the terms of this Agreement in defense of any suit filed against said Party, the successful or prevailing Party or parties shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceeding from the other parties, in addition to any other relief to which it may be entitled.

Counterparts. This Agreement may be sent via facsimile and executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

Service Level Agreement (SLA)

Equipment
BudgetHostPlan Network has made significant investments in placing our equipment in the data center built from major vendors such as Cisco and Lucent. Making the investment in top performing equipment and network redundancy allows us to offer you this SLA.

Our servers are located in a true "Carrier Class" facility backed up by multiple UPS units and a powerful diesel back up generators.

Backbone Connectivity
Our connections to multiple backbone providers, and peering with many carriers on a regional and international basis, allows us to easily reach remote networks even in the case where a specific backbone connection is down. This allows the data center to make routing decisions to ensure connectivity.

Node Reliability
By placing our core nodes at places like Equinix and Telehouse, we are guaranteed a level of competent service. All of our core nodes employ SONET networks, which essentially provides a dual-redundant, counter-rotating ring technology, and in the event of a fiber cut, the SONET will automatically heal itself. We also divide our circuits among several telecommunications providers, such as Verizon, MFS/Worldcom, and Adelphia.

24/7
The BudgetHostPlan Network servers are monitored by several outside the network services as well as our multi-tiered support system. Traffic is continually monitored and routed with the proper bandwidth allocations.

PERFORMANCE AND UPTIME GUARANTEE
The "BudgetHostPlan Network Web Hosting Network" guarantees that the network will be available 99.9 % of the time in a given year, excluding scheduled maintenance. Therefore after network downtime of 1.41 minutes per day, calculated monthly, BudgetHostPlan Network will compensate with 1 week of hosting servies to the requesting customer for each 30 minutes of downtime. The maximum compensation for any downtime longer than 2hrs is 1 month of free hosting to the customer. This guarantee applies to the network connectivity and server uptime, but does not apply to "acts of god" or "war" outside of anyone's control. If you have a dedicated server through our network, the same SLA applies, but does not cover any load issues caused by software running on the machine. Connectivity is measured as the ability of the server to transmit and receive data.

To be eligible for this SLA, your account must be in good standing and a trouble ticket must be submitted and verified. All requests for credit should be made to the billing department with a trouble ticket number referenced within 3 days of downtime. Refunds based on monthly uptime. Network downtime is measured from the time the trouble ticket is submitted until verification of problem resolution is provided in the trouble ticket. Any customer within the BudgetHostPlan Web Hosting Network automatically qualifies to participate in this SLA.

TERMINATION
BudgetHostPlan may terminate the Program at any time with notice sent to the email address designated in your account information. You will have thirty (30) days from the date this notice is sent to redeem the commissions in your account. BudgetHostPlan will not be responsible for notice failures caused by an error in your email program, an inaccurate email address provided by you, your failure to check your email, or your failure to inform BudgetHostPlan of a change in your email address.

BudgetHostPlan may modify this Agreement from time to time, with or without notice, and your continued participation in the Program after such modification shall be deemed to be your acceptance of any such modification. It is your responsibility to check this Terms and Conditions page regularly to determine whether this Agreement has been modified. If you do not agree to any modification of this Agreement, you must immediately cease participation in the Program.

You understand and agree that BudgetHostPlan shall be the sole determiner in cases of suspected abuse, fraud, or violation of its rules and any decision it makes relating to termination of membership (including cancellation of commissions) shall be final and binding. If it has been determined by BudgetHostPlan, that and BudgetHostPlan Client has violated any portion of the Terms of Use, Acceptable Use Policy or Service Level Agreement they will not be entitled to any refund for any amount.