Provider Terms Of Service

Definitions

Provider is defined as the California, USA company known as Ventura IT and as HostBandit.com, located on the Internet at http://venturait.com and at http://HostBandit.com.

Client is defined any individual, any company, any corporation, any partnership, any entity, any group, and/or any organization and/or any sub-contractor, any employee, any associate, any friend, any joint-venture, any partnership, and/or any other person acting on behalf, with, of or for Client that is or has ever been delivering and/or receiving Internet communication and/or Internet data from Provider, providing, accessing, using, and/or receiving any services provided by Provider.

Agreement and Acceptance

Client accepts and agrees to the following terms of service, entirely, by and before Client’s sending and/or receiving Internet communication/data, and/or accepting and/or using services, consulting, advice, information, assistance, and/or products from Provider.

Subject to Change

These terms of service are posted on Provider’s Web site and are subject to change at any time. It is Client’s responsibility to keep up to date with the terms and conditions set forth here.

Server Set-Up and Updating

Client and Client’s customers are solely responsible for all account content management.

Maintenance Services

Provider will perform system maintenance services as Provider determines reasonably necessary to maintain the continuous operation of the hosting account. Client acknowledges on behalf of itself and its customers that such maintenance may require Web server and hosting account downtime. Provider will attempt to provide prior notice of the maintenance downtime, except when circumstances beyond Provider’s control limit Provider’s ability to do so.

If Client has has purchased a Provider monthly maintenance contract Provider will provide up to 1 hour of work on Client’s web site per month at the rate of $150/hour. Any work requested by Client that requires more than 1 hour of work will not be completed or will be completed and Client charged $150/hour for completeion. Monthly maintenance contracts are only valid for the month in which they are purchased and expire thereafter. The choice to not complete Client’s requested work or to complete Clients requested work or to is soley the choice of Provider. Work done by Provider in relation to purchased monthly maintenance contracts is limited to HTML and text editing; no major updates, changes, addtions, modifications will be performed under maintenance contracts. Any major updates, changes, addtions, modifications require a separate work order for web site design, development, custom software development and may require additional hosting fees. Client agrees that Client has made complete backups of all Client’s data before requesting Provider to access, modify, update, or maintain Client’s web site. Client agrees that all code, ideas, systems, programs, inventions, designs remain sole property of Provider.

Non Disclosure And Non Compete

Provider and Client recognize that in providing services, it will be necessary for Client to acquire information that is considered confidential. The confidential information is and will remain the property of Provider. For Client to use or disclose the confidential information will constitute a breach of trust and could cause irreparable injury to Provider and/or its clients. It is essential that all confidential information be kept secret and its only use will be in providing services for the benefit and advantage of Provider. Confidential is information defined as information concerning confidential knowledge. This may include but will not be limited to technical and business information relating to Provider, their clients inventions, products, research, development, production, manufacturing process, engineering process, computer software, computer hardware, passwords, security access to hardware and
software, costs, margins, profits, finances, customers, employees, consultants, recruitment policies, programs, compensation, marketing and future business plans.
All confidential information shall remain the sole property of Provider. Client shall have no right to use or reveal to any third party entity, organization or individual any of the confidential information learned in the performance of the services rendered by Client or by anyone affiliated with Provider. Client agrees to safeguard the confidential information in trust, and shall not disclose or make any confidential information available to anyone outside Provider or its contracted employees on a need to know basis. Client shall take reasonable steps to ensure that confidential information is not misused in any manner. After termination of this agreement, Client shall return all confidential information in its possession to Provider upon request. Client agrees to not contact or solicit business from any current or past customers, clients, associates, friends of Provider. Client agrees that any work done for Provider is not to be disclosed or listed as work done by Client in any means, including in portofolios, resumes, websites, word of mouth, and emails and/or in any other way of communication. Client agrees and is aware that by receiving any information, software, plans that Provider retains full ownership and rights to the documents and software and that Client, it’s associates, employees, consultants, representatives, agents and affiliates do not have permission to copy or use this material for commercial or non-commercial use, and/or for any purpose other than as requested in writing by Provider. Client agrees that any deliverables work, code, methods, ideas, plans, software, and/or systems produced by Client for Provider are the sole property of Provider. Client agrees that any deliverables, work, code, methods, ideas, plans, software, and/or systems produced by Client for Provider shale remain the sole property of Provider and that Client has no right to and will not use, model, or copy, in part or in whole, any part of these deliverables, work, code, methods, ideas, plans, software, and/or systems. This agreement shall survive the termination of any other contract between the parties. This agreement shall be interpreted under the laws of the United States of America, in the State of California and action shall be settled in the jurisdiction of Ventura County. Client testifies and agrees that Client is authorized by their company or themselves to obligate their company or themselves.

Account Usage

Client shall not, and shall ensure (via its agreement with Client’s customers), that its customers do not, use (i) excessive amounts of CPU processing on any of Provider’s Web servers or (ii) bandwidth or disk usage in excess of the number of megabytes per month ordered by Client or its customer (or by Client on behalf of its customer), as applicable. Client acknowledges on behalf of itself and its customers that any violation of this policy may result account cancelation or disconnection or discontinuance of any and all Services to Client or its non-compliant customer(s) and/or assessment of additional charges to Client in the amount to be determined by Provider at the time of such event(s). In the event that Provider elects to take any corrective action, neither Client nor its customer(s) shall be entitled to a refund of any fees paid in advance prior to such corrective action.

Account Limitations

Client individual files stored on the our servers are not to exceed 256 kilobytes (KB) in size each. Client is not permitted to store multimedia file types, digital video, digital sound/music, video games, executable binaries and/or compressed file types on the Provider servers. Client may not engage in activity that is illegal, unlawful, or unethical as determeind by the sole discretion of Provider. Client may not include any content and/or code involving password restricted pages, moving pictures experts group layer two or three (MP2 or MP3) files, dvd data, backup data, backup services, image hosting, reselling, streaming video, chat, video conferencing, file sharing, bittorrents, link pages, irc, pirated property, pirated software, cracked/hacked codes/passwords/software, warez, pornography, nudity, material deemed offensive by the sole discretion of Provider and/or law enforcement, cd-images, dvd-images, log files, spiders, crawler scripts, any code that interferes with Provider ability to deliver server or deliver advertisements, any binary files not linked to an html page on Client’s site/pages, any files that are not used by Client on a daily basis, and/or any links from any other providers’ and other Web pages to Client’s site/pages. Client’s bandwidth usage is restricted to 1 gigabyte (GB) per month, and no more than 56 MB per day. Excess daily usage may result in the disabling of Client’s account. Reactivation of Client’s account may require a reactivation fee of $50 and/or a higher monthly recurring account fee. Custom script execution is restricted to 1000 executions per day. Script executions in excess of this limit will result in disabling of the Client’s account , and Client will be required to pay to Provider a reactivation fee of $50 in order to reactive Client’s account. If Client does not register any activity (i.e. visits or “hits” to Client’s pages/site by others) for more than sixty continuous days, Provider may delete Client’s account with no notice or compensation to Client. Remote-linking to Provider’s servers is not permitted.

Web Site

Client is solely responsible for (a) the development, operation, and maintenance of Client’s or its customer’s, as applicable, Web site and products and all content and materials appearing online or on Client’s or its customer’s products, as applicable, including without limitation (i) the accuracy and appropriateness of content and materials appearing within the Web site or related to Client’s or its customer’s products, as applicable, (ii) ensuring that the content and materials appearing within the Web site or related to Client’s or its customer’s products, as applicable, do not violate or infringe upon the rights of any third party, (iii) ensuring that the content and materials appearing within the Web site or related to Client’s or its customer’s products, as applicable, are not libelous or otherwise illegal; (b) the final calculation and application of shipping and sales tax; (c) accepting, processing, and filling any customer orders, and for handling any customer inquiries or complaints arising therefrom; and (d) the security of any customer credit card numbers and related customer information Client or its customer, as applicable, may access as a result of conducting electronic commerce transactions through the Web server software.

IP Address Ownership

Provider shall maintain and control ownership of all IP numbers and addresses that may be assigned to Client or its customers by Provider and Provider reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.

Caching

Client’s agreement with its customers’ shall contain an express (i) grant by each customer, to Provider (directly or indirectly through Client) of a license to cache the entirety of customer’s Web site (including content supplied by third parties) hosted by Provider under its agreement with Client and (ii) agreement that such caching is not infringement of any of Client’s customers’ intellectual property rights or any third party’s intellectual property rights.

Billing

(a) Hosting fees are will be paid by the Client using Visa, MasterCard, PayPal or check and are due on the 1st day of each month. After the 1st day of each month any unpaid accounts may be considered late and delinquent. Hosting fees are not prorated. Any usage of hosting services provided by Provider in any month constitutes a full month of hosting usage and Client will be billed accordingly.
(b) If Client opts to pay using a Visa, MasterCard, or PayPal then Client agrees to allow subsequent and automatic and reoccurring electronic and manual billing of Client’s Visa or MasterCard with any and all fees that Client incurs in its relationship with Provider. Client agrees to furnish Provider with a current and valid Visa or MasterCard on or before the 1st day of each billing month.
(c) When Client pays Provider using a Visa or MasterCard then Client agrees to notify Provider and keep Provider current with valid and current Visa and MasterCard billing information including but not limited to card number, card expiration date, 3 or 4 letter code on back of card, card billing address and zip code from credit card bill, card telephone number from credit card bill, and the name of the card owner as appears on the credit card and credit card bill. In the case that Provider occurs fees or is unable to charge fees because of Client’s invalid or out of date Visa or MasterCard information Client agrees to pay to Provider a $450.00 service fee for each case of Client’s invalid or out of date Visa or MasterCard information.
(d) $450.00 service charge will be applied for all credit card disputes or charge backs and/or returned checks.
(e) If payment is not received on time then Client’s account may be disabled or terminated without notice to Client. Each time an account is disabled or terminated by Provider’s service staff, Client must pay a $450.00 service charge plus the full amount of any then outstanding balance on the account before the account will be reactivated.
(f) Delinquent accounts may be forwarded to an outside collection agency at any time. If Client’s account is forwarded to an outside collection agency for further pursuit of an outstanding balance, Client may be assessed a $450.00 late payment fee. Any questions relating to billing or past due issues may be directed to Provider’s service staff.
g) Clients using PayPal to pay for Provider services agree to keep their PayPal account in good standing and working order and containing enough funds in order to ensure Client’s payment of Provider fees by the 1st day of each month. Client agrees to pay a $450.00 late fee if Client’s PayPal account does not contain enough funds to pay Provider fees on the 1st of the month or for any other reason that Client is not able to pay for Client’s Provider fees on payment due date.
h) Client agrees that no invoice will be sent and that Client is responsible for making sure that all fees and dues are paid on time in full.

Domains & Domain Name Registrations

Client agrees that all domains registered through Provider remain the sole property of Provider and will be registered to Ventura IT, PO BOX 7203, Ventura, CA 93006-7203. Client agrees that domains registered through provider are only allowed to be hosted with Provider and that Client may not transfer the hosting of domains registered through Provider to a 3rd party without paying a $450 service fee to be paid by Client to Provider. Client agrees that any modifications to the domain registration, contact, administration, billing, and/or whois data will require a $450 service to be paid by Client to Provider. Client agrees that Client’s domain registration may be forfeited or lost if payment is late or not received or if Client refuses to pay any related fees to Provider. Client agrees that not all domain registration requests are available and that Provider’s domain name registration availability report may not be up to date and therefore Client’s requested and/or ordered domain may not be available and in this case Client agrees to select the next best choice for their domain registration through Provider. Client agrees that there is no money back guarantee for domain registrations and that all domain purchases from Provider are non-refundable and final.

Money Back Guarantee

Client agrees that the money back guarantee does not apply to domain name registration fees and/or any product or service setup fees and/or any programming, consulting, or software design fees. Client agrees that the money back guarantee only applies to unused hosting fees that have been paid by Client and that all requests for money back must be submitted in writing and received by Provider within 30 days of Client’s sign up date to Provider at PO BOX 7203, Ventura, CA 93006-7203 via signature not required for receipt US Postal Service mail and must contain the Client’s full name, address, telephone, email, web site domain name, and reason for request. Client agrees that money back guarantee requests submitted after 30 days will not be honored. Client agrees that Provider is not responsible for lost, damaged, or not received money back guarantee requests. Client agrees that all fees besides monthly hosting fees are non refundable and final.

Backups

Client is responsible for backing up its own files separately. Provider maintain’s backups that are not for the use of Client’s but for Provider’s internal use only. Should Client need to restore files from a backup there may be service charge of $500.00 for each file retrieval.

Support

Technical support relating to services offered by Provider is available 24 hours/day by electronic mail at sales@venturait.com. Technical support requests may take up to 72 hours for a response.

Account Termination

Hosting fees are not prorated. Any usage of hosting services provided by Provider in any month constitutes a full month of hosting usage and Client will be billed accordingly. Client may terminate hosting account before the 1st day of the month in which Client desires cancellation to take effect by submitting written notice of cancellation via the US Postal Service or other professional courier mail service to Provider, PO BOX 7203, Ventura, CA 93006-7203. Any notice of cancellation not handled in this manner may result in on going billing charges to Client’s account.

Release

Client agrees to release Provider from any and all future, past, or current responsibility and liability under any circumstances, even in the case of negligence, mistake, or error on the part of Provider.

Access To Servers And Equipment

Client acknowledges that it gives Provider access to Client’s servers, computers, and other equipment at times and that this may cause the accidental loss of data and therefore Client agrees to release Provider from any and all future, past, or current responsibility and liability under any circumstances, even in the case of negligence, mistake, or error on the part of Provider.

Affiliates

Client will be paid a referral fee (“Referral Fee”) for each qualified customer (“Referral”) that you refer to Provider under this Agreement. Each Referral must meet the following Criteria (“Criteria”):

1. 1. Each Referral must be a new and unique visitor to Provider and must register by completing and submitting the registration form using a valid and unique e-mail address.
   2. Each Referral must enroll in a qualified hosting plan or purchase a qualified product and provide a valid payment for the hosting services purchased. To generate a Referral Fee for you, each Referral must be an active, qualified customer of Provider and must be up-to-date in all payments at the time the Referral Fees are processed.
   3. Each Referral must signup in a manner, which in our sole judgment, definitively establishes that the Referral was referred directly from you to Provider under this agreement.
   4. Each Referral must remain in compliance with our these terms of service and other policies that are active at the time the Referral Fees are processed.
   5. Referral Fees shall not be paid for Referrals that are fraudulent or have cancellations, terminations, charge-backs, refunds, outstanding balances or other adjustments.
2. Permission To Use Provider’s Links: Under these terms, Client will be granted a limited license to display Provider’s banners, buttons and/or hypertext (collectively referred to as “Links”) on Client’s web site, e-mail, newsletter and/or other promotional materials. Provider grants Client permission to download the Provider’s links for placement on your web site, provided Client adheres to the terms and conditions set forth in the agreement. Client may only use links to Provider on the web site(s) that are listed in Client’s application and approved by Provider. The maintenance of Client’s site will be your responsibility. The information on Provider’s web site is frequently updated, and Client may need to update the content of Client’s links regularly to maintain the accuracy of Client’s site. On occasion, Provider may review your site to determine whether it is in compliance with the terms and conditions of this agreement. Provider will notify Client of any changes Provider feels should be made to ensure that Client’s links to Provider’s web site are appropriate. If Client does not make the changes to your site that Provider feels are necessary, Client’s account(s) may be terminated.
3. Link Guidelines:
   1. No Alterations Allowed: The Links, banners and images we provide must not be altered in any way. You can not change content, design, color, font, proportions or animation. The Links may be displayed in a larger size, but must be increased in size proportionally. Provider reserves the right to update, revise or alter the Links in any manner from time to time.
   2. Required Link: The Links must always link to a URL that is provided or approved by Provider.
   3. Positive Presentation: Client’s Web site must use the Links in a positive manner. The Links may not be used in a way that could disparage or reflect adversely on Provider or its products.
   4. Client may not use the Links on any Web site that disparages Provider or its products or services, infringes upon any intellectual property or other rights of Provider, contains or promotes “adult”, pornographic or obscene material or content, promotes gambling, or violates any state, federal or international law.
   5. Compliance With Laws: Client may not use the Links if Client’s Web site infringes any party’s intellectual property or other rights, contains or promotes “adult”, pornographic or other obscene material or any content prohibited by the HostBandit.com Acceptable Use Policy, or violates any state, federal or international law.
   6. Client will be responsible for any claims, costs and damages incurred by Provider as a result of a violation of these Link Guidelines.
4. Changes: Provider reserve the right to change this Agreement, including without limitation, the Links Guidelines and the Compensation, at Provider’s discretion. Changes will take effect when posted to the Provider’s Web site.
5. Compensation: Provider will pay a Referral Fee equal to the specified percentage of any revenue generated by a qualified Referral in the calendar quarter in which the Referral signs up the HostBandit.com account. Information about the specified percentage will be available through the Affiliate Console section of the HostBandit.com Web site. We will pay a Referral Fee in check made out in U.S. currency. Affiliates must have a mailing address located in North or South America, Europe, Australia or New Zealand to receive a payment. You are responsible for informing HostBandit.com about changes to postal and e-mail addresses. Failure to provide the correct addresses may result in the forfeiture of any payments due to you. Payments that are returned for invalid or insufficient address information, may be forfeited as well. You can update information at any time through the Affiliate Profile form . You may choose to receive Referral Fees in the form of credit to your HostBandit.com hosting account. If you elect to receive Referral Fees in the form of account credit, a check will not be mailed. HostBandit.com will credit your account in the amount of your Referral Fee, as defined in this Agreement, approximately 45 days after the end of each calendar quarter. To change how you receive Referral Fees, edit your Affiliate Profile . Referral Fees will be issued approximately 45 days after the end of each calendar quarter. To qualify to receive payment, your Referral Fee must be at least $50.00. Based solely on the discretion of HostBandit.com, payment may be withheld for amounts under $50.00. You will only be compensated for Referrals that purchase HostBandit.com products via the Links you generate through the HostBandit.com Affiliate Console. Purchases made by Referrals who have clicked on these Links will be tracked by HostBandit.com for the purposes of this Affiliate Program. By altering these Links in any way, you may forfeit corresponding Referral Fees. Any attempt by an Affiliate to manipulate, falsify or inflate Referrals, to defraud HostBandit.com, or to violate the terms of this Agreement constitutes immediate grounds for HostBandit.com to terminate this Agreement and will result in forfeiture of any Referral Fees due to you. The Referral Fee of any Referral who is listed in the Client Manager of the ProRewards Program or associated with a HostBandit.com reseller will be removed from your payment.
6. Taxes: You are responsible for the payment of all taxes related to the commissions you earn under this Agreement. In compliance with tax laws, HostBandit.com will issue a Form 1099 to Affiliates whose earnings meet or exceed the applicable amount warranting the Form 1099. You will be required to provide us with tax information within two (2) days of any request issued by HostBandit.com to issue a Form 1099.
7. Ownership and Property Rights: This Agreement shall not operate as a transfer to you of any rights in or to any of HostBandit.com’s marks or logos, except for the limited license expressly granted hereunder. HostBandit.com reserves the right in its sole discretion to terminate or modify permission to use the Links at any time. You acknowledge that HostBandit.com’s marks and logos are and shall remain the exclusive property of HostBandit.com or the applicable third-party owner, and all use by you shall inure solely to the benefit of HostBandit.com or such third-party owner, as applicable. HostBandit.com reserves the right to take action against any use that does not conform to this Agreement, infringes any HostBandit.com intellectual property or other right, or violates other applicable law.
8. Term and Termination: This Agreement shall continue until this terminated by either party. You will be terminated from the program, by e-mail notice, if (i) you do not follow the Links Guidelines or otherwise breach this Agreement, (ii) you attempt to manipulate, falsify or erroneously inflate Referrals. In addition, your failure to comply with our Terms of Service or Acceptable Use Policy will be grounds for termination. Any outstanding Referral Fees otherwise due to you will be forfeited if this Agreement is terminated for any reason. HostBandit.com reserves the right to terminate this Agreement and your participation in this Program immediately and without notice. If any fraud or abuse is detected with respect to any Referral, or if this Agreement is terminated for any reason, HostBandit.com shall not be liable for any Referral Fees.
9. No Warranty: HostBandit.com DISCLAIMS ANY WARRANTIES THAT MAY BE EXPRESSED OR IMPLIED BY LAW REGARDING THE LINKS, INCLUDING WARRANTIES AGAINST INFRINGEMENT. HostBandit.com WILL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES OF ANY KIND, WHETHER BASED ON CONTRACT, TORT, TERMINATION OF THIS AGREEMENT OR ANY OTHER LEGAL THEORY, AND REGARDLESS OF WHETHER IT HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
10. Miscellaneous: Referrals who become customers of HostBandit.com through this Program will be considered customers of HostBandit.com. HostBandit.com’s Terms of Service, Acceptable Use Policy, Privacy Statement, rules, policies, and operating procedures will apply to such customers. HostBandit.com reserves the right to change its policies and operating procedures at any time. The parties hereto are independent contractors acting for their own accounts; may not bind, act for or represent the other; and have no agency, partnership or joint venture relationship. This Agreement shall be governed by and construed in accordance with the laws of The Commonwealth of Massachusetts without regard to its conflict of laws. All notices and communications under this Agreement shall be in writing, and the same shall be given by e-mail. This Agreement sets forth the entire understanding of the parties with respect to the subject matter hereof, and supersedes any prior agreements and understandings, both written and oral, which may have existed or exist between the parties with respect to the subject matter hereof. This Agreement may not be modified by you except by a contract in writing signed by both you and HostBandit.com.
11. Proper Age: BY ACCEPTING THIS CONTRACT, YOU CONFIRM YOU ARE AN ADULT OF AT LEAST 18 YEARS OF AGE (19 OR 21 WHERE APPLICABLE).

Managed Dedicated Servers

Managed dedicated servers include server management fees that are billed at a rate of $150/month for up to 1 hour of server management time. Server management beyond 1 hour must be prepaid at the rate of $150/hour. Server management includes, but is not limited to, server configuration, backups, monitoring, checking on uptime or services, installation of software or hardware, troubleshooting, telephone support, and any other time spent working on the server.

Security Notice

No security guarantee is made or implied. Client agrees to use hosting, dedicated servers, software at Client’s own risk.

General Notices

Provider may terminate, suspend, or deactivate Client’s account and/or delete and/or modify any of Client’s files or any data held on Provider’s servers, computers, or property at any time for any reason. All data placed on Provider’s servers or computers becomes the property of Provider. Prices and features listed on http://venturait.com and/or http://hostbandit.com are subject to change at any time without notice.