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| Billing
Procedures |
| Billing Notification |
Biz iSolutions uses a state-of-the-art
real time billing system that automates your recurring
billing. You may call Customer Support to request copies
of invoices, statements, payments, and manage your account.
You may also have invoices and statements emailed to
you as they post to your account. If you choose to have
your invoices and statements sent via snail mail, an
additional $2.00 monthly processing fee will apply.
|
| Updating Your Account Information |
You must inform Biz iSolutions
of any changes to your customer information by contacting
Customer Support. This includes addresses, phone numbers,
contact names, and most importantly your email address.
All notices from Biz iSolutions are sent via email unless
another method has been previously arranged. It is essential
that you periodically review and update your account
information. Disruptions in service could occur if your
account information is not kept current. |
| Collection Procedures |
If your account becomes overdue
after the due date you will receive a reminder via email
that we have not received your payment. If payment is
not received within 3 days of the due date you will
experience an interruption in service (FTP and other
services). Your account will then be turned over to
our collection department and a reinstatement fee of
$25 will be assessed to your account. If you experience
an interruption in service due to nonpayment, please
contact Customer Support.
If you fail to pay for services rendered, when your
account becomes more that 60 days past due, we will
remove your data from our servers and your delinquency
will be reported to the credit bureau. If we pursue
any legal remedy and obtain judgment against you,
we will enforce that judgment. If you pay and we receive
notice of returned payment for any reason to include
insufficient funds and/or fraud, we will charge you
any associated collection costs to include attorney
and collection fees. Please note that there will be
a $200.00 processing fee charged along with the balance
due on all accounts that were processed through the
credit bureau.
|
|
| If You Pay by Credit Card |
If you pay by credit card, your
credit card will be charged at the time of setup for
new services. For the recurring amount due for existing
services on your account, your credit card will be charged
each month/year on or about the same day of the month/year
that service was initiated. Please ensure that we have
updated credit card information at all times. If your
credit card is declined, your service will be suspended.
BIZ ISOLUTIONS will attempt to provide an email notice
that your credit card has been declined, however if
your account is deactivated for a balance due, you will
be subject to a $25 reactivation fee. You must submit
a
reactivation form with your payment to re-establish
your service.
If you initiate a chargeback through your credit
card company for any reason, Biz iSolutions may at
its own discretion immediately suspend your service.
To re-establish your service, Biz iSolutions may require
you to provide a secure form of payment, which, at
Biz iSolutions's own discretion, may include a signed
and notarized statement that you authorize Biz iSolutions
to charge your credit card for the appropriate amount.
This amount will include a $25 reactivation fee. Biz
iSolutions may at its own discretion, require certified
funds for reactivation of the account.
|
| If You Pay by Direct Debit from your Bank Account
|
If you pay by ACH, your bank account
will be debited at the time of setup for new services.
For the recurring amount due for existing services on
your account, your bank account will be debited each
month/year on or about the same day of the month/year
that service was initiated. Please ensure that we have
updated bank account information at all times. If the
ACH debit is declined, your service will be suspended.
If any of your transactions are returned for Non-Sufficient
funds or invalid account information reasons an additional
$25.00 processing fee may be applied to your account.
Biz iSoutions will attempt to provide an email notice
that the debit has been declined, however if your account
is deactivated for a balance due, you will be subject
to a $25 reactivation fee. You must submit a reactivation
form with your payment to re-establish your
service. Your billing information my be verified or
changed at any time by calling Customer Service.
If you dispute a charge through your bank for any
reason, Biz iSolutions may at its own discretion immediately
suspend your service. To re-establish your service,
Biz iSolutions may require you to provide a secure
form of payment, which, at Biz iSolutions's own discretion,
may include a signed and notarized statement that
you authorize Biz iSolutions to charge your bank account
for the appropriate amount. This amount will include
a $25 reactivation fee. Biz iSolutions may at its
own discretion, require certified funds for reactivation
of the account.
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| If You Pay by Personal or Company Check |
Payment by check is only accepted
for annual plans. If you pay by personal or company
check, you will be invoiced at the time of setup for
new services, however these services will not be provisioned
until we receive your payment. For the recurring amount
due for existing services on your account, you will
be invoiced on or around the same day each year that
service was initiated. Your payment is considered late
after 15 days and your service will be suspended. Please
ensure that we have your most recent contact information
at all times. Biz iSolutions will attempt to provide
an email notice that your account is past due, however
if your account is suspended for a balance due, you
will be subject to a $25 reactivation fee. You must
submit a reactivation
form and possibly a secure form of payment to
reestablish your service. Please mail payments to: |
Biz iSolutions Inc.
858 W. Armitage Ave. Suite 194
Chicago, IL 60614 |
|
| If You Pay by Wire Transfer |
Payment by wire is only accepted
for annual plans. If you pay by wire transfer, you will
be invoiced at the time of setup for new services, however
these services will not be provisioned until we receive
your payment. For the recurring amount due for existing
services on your account, you will be invoiced on or
around the same day each year that service was initiated
which will include a $15.00 wire transfer processing
fee. Your payment is considered late after 15 days and
your service will be suspended. Please ensure that we
have your most recent contact information at all times.
Biz iSolutions will attempt to provide an email notice
that your account is past due, however if your account
is suspended for a balance due, you will be subject
to a $25 reactivation fee. You must submit a
reactivation form and possibly a secure form
of payment to reestablish your service. Please wire
funds to:
Biz iSoutions Inc
Citibank, N.A. BR. #88: 2001 North Halsted, Chicago,
IL 600614
Account Number: 800613132
Routing Number: 271070801
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| Disk Usage |
If you need more disk space than
your service plan allows for, Biz iSolutions will provide
additional space in increments of 1GB at the rate of
$3.00 per month per GigaByte.
When you are within 80% of the maximum utilization
of the disk space allotted in your hosting solution,
Biz iSolutions will notify you via email, and attempt
to contact you via phone. Whether or not you receive
the 80% disk usage notification, you are still responsible
for the disk space your account utilizes.
If you exceed your disk space limit, you may be required
to buy additional space in order to restore all services
or remove data to bring your disk space utilization
under the allowable limit. Also, you will be subject
to disk space overage charges.
|
| Email Addresses |
If you need more Email Addresses
than your service plan allows for, Biz iSolutions will
provide additional email addresses in increments of
1address at the rate of $2.00 per month per address.
Contact Customer Support to increase the number of email
address in your account. |
| Additional Content Updates |
If you need more Content Updates
than your service plan allows for, Biz iSolutions will
provide additional Content Updates in increments of
1update at the rate of $15.00 per one time update. Payment
for the update will need to be received before Biz iSolutions
will post the updated content. Contact Customer Support
to initiate the content update. |
| Billing Cycle |
Biz iSolutions Plans are all recurring.
Plans are currently offered on a monthly recurring basis,
and discounts are offered if services are paid for a
year at a time. For monthly plans, payments are due
on the same day each month that service was initiated.
(ie, if service was first ordered on May 7, subsequent
payments will be due on June 7, July 7 etc.) For annual
plans, payments are due on the same day of the year
each year that service was initiated. (ie. If service
was first ordered on May 7, subsequent payments will
be due on May 7 of each year.) If any payment due dates
fall on a non-business day, the payment due date will
be the immediately following business day. |
| Data Transfer |
Biz iSolutions does not currently
bill based on Data Transfer. However, should Biz iSolutions,
at its own discretion, determine that current data transfer
is above acceptable levels, it may impose data transfer
limitations or charges on any service. |
|
| Support Policy |
Biz iSolutions products and services
come with free customer service. Customer Service may
be contacted via email of via our toll free number.
Customer Support is limited to aide in regards to Biz
iSolutions service specific instructions. We will provide
general guidance in regards to suggested configurations
for various email clients (ie Outlook, Eurdora) but
Customers remain responsible for their own software
and operating systems. Please contact your software
provider for detailed information and instructions. |
| Late Fee |
In the event that your account
is deactivated due to nonpayment, please contact Customer
Support to arrange payment of amounts past due.. Your
payment must include the $25.00 late fee for your account(s)
to be reactivated. |
| Canceling Your Account |
| If you wish to cancel your entire
account with Biz iSolutions Inc. please contact Customer
Support. A representative will be happy to present your
options and assist you with your request. Domains may
be transferred to another registrar or hosting provider
as long as all amounts due have been paid in full. Domains
must be transferred before accounts are cancelled, once
an account is cancelled the domain will not be available
for transfer. Site content and emails will not be available
once the account has been cancelled. |
| Thanks for hosting with Biz iSolutions, |
Customer Service Department
Biz ISolutions Inc.
www.bizisol.net |
|
| Acceptable
Use Policy |
This Acceptable Use Policy specifies
certain actions prohibited by BIZ ISOLUTIONS for users
of the BIZ ISOLUTIONS Network. BIZ ISOLUTIONS reserves
the right to modify this Policy at any time to stay
in compliance with any laws, regulations and security
requirements. By using BIZ ISOLUTIONS services, any
customer, employee or third party unconditionally accepts
the terms of this policy. |
| ILLEGAL USE |
The BIZ ISOLUTIONS Network may
be used only for lawful purposes. Transmission, distribution
or storage of any material in violation of any applicable
law or regulation coming to or from any unauthorized
network or system is prohibited. This includes, without
limitation, material protected by copyright, trademark,
trade secret or other intellectual property rights used
without proper authorization; government and military
data protected by law and national security; university
and academic data protected by public policy; and material
that, in BIZ ISOLUTIONS's sole discretion, is obscene,
defamatory, constitutes an illegal threat, facilitates
identity theft or other fraud, or violates export control
laws. Any violation of the above, which compromises
the integrity of the BIZ ISOLUTIONS Network or any other
network is strictly prohibited. |
|
| NETWORK AND MACHINE RESOURCES |
BIZ ISOLUTIONS reserves the right
to monitor and allocate network and machine resources.
IP addresses are allocated per server and according
to virtual server specifications. Cgi resources are
allocated one per domain (a virtual host is required
for each cgi-bin and is considered a virtual host).
BIZ ISOLUTIONS in its sole discretion and upon reasonable
notice to customer reserves the right to discontinue
any hosting account and/or any script which causes excessive
server load and/or uses excessive server and network
resources. |
To protect Internet, network, and
machine resources on behalf of the entire BIZ ISOLUTIONS
customer base, no individual customer may do the following:
1. Offer adult content of any kind,
as determined in BIZ ISOLUTIONS’s sole discretion.
2. Utilize CGI/PERL chat, JAVA chat, or any other chat
scripts in a manner that adversely affects the operations
or performance of other BIZ ISOLUTIONS customers, or
of the BIZ ISOLUTIONS system(s) or network(s). The adverse
effect of such use shall be determined by BIZ ISOLUTIONS
in its sole discretion.
3. Use more than 1 MPBS throughput during peak network
hours (9AM to 6PM ET). Such usage could result in penalty
fees. In the event of any dispute regarding penalty
fees, BIZ ISOLUTIONS may determine violations and fees
applicable in its sole discretion.
Moreover, in a shared hosting environment,
for the same reasons indicated above, no individual
customer may do the following: (NOTE: The restrictions
listed immediately below do NOT apply to collocation
plans, server appliance plans, I-MHIP plans, or any
other dedicated server offerings.)
1. Use their web site to store web
pages, files, or data for other IP addresses or domain
names, or as a repository for files, data, or “Warez
group” download transfer.
2. Use their web site for data transfer from any database
server, or for streaming audio and/or video downloads;
or use their web site as a storage area for files that
are not linked to the customer’s web pages hosted
on the same web site on BIZ ISOLUTIONS’s servers. |
BIZ ISOLUTIONS may immediately
suspend service without prior notice to any web site
that violates these rules. In the event of any dispute
regarding these rules, BIZ ISOLUTIONS may determine
violations of these rules in its sole discretion.
Customers utilizing bandwidth in excess of plan limitations,
or in violation of these rules, will owe BIZ ISOLUTIONS
compensation therefor at the applicable rate for excess
bandwidth.
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|
| SYSTEM AND NETWORK SECURITY |
Violations of system or network
security are prohibited, and may result in criminal
and civil liability. BIZ ISOLUTIONS will investigate
incidents involving such violations and may involve
and cooperate with law enforcement authorities if a
criminal violation is suspected. BIZ ISOLUTIONS respects
the privacy of customer data and vigilantly protects
that data and ALL customers who host with BIZ ISOLUTIONS.
If any violation of the law or this AUP is suspected,
BIZ ISOLUTIONS reserves the right to investigate. Use
of the BIZ ISOLUTIONS network constitutes consent to
monitoring. Examples of unlawful acts, system, or network
security violations include, without limitation, the
following: Unauthorized access to or use of data, systems
or networks, including any attempt to probe, damage,
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. Unauthorized monitoring of data or traffic
on any network or system without express authorization
of the owner of the system or network. Interference
with service to any user, host or network including,
without limitation, mailbombing, flooding, deliberate
attempts to overload a system and broadcast attacks.
Unauthorized access to any data, system, or network
from an unauthorized system or network for any purpose
which is not lawful or which is intended to do harm.
Forging of any TCP-IP packet header or any part of the
header information in an email or a newsgroup posting.
Electronic forging of any kind to include but not limited
to IP addresses, domains, business names, etc.
If you use any BIZ ISOLUTIONS service described on
this website, and if BIZ ISOLUTIONS determines in
its sole discretion that you caused or allowed a security
exploit within the BIZ ISOLUTIONS network, or that
you caused or allowed UCE/spam originating from your
service to adversely impact the BIZ ISOLUTIONS network
and its customers, you may be assessed a $1,000 penalty
fee, in the sole discretion of BIZ ISOLUTIONS. (As
an example, if you fail to properly administer and
protect your self-managed server from being exploited
by a third party, this failure on your part in turn
results in expanded degradation of the BIZ ISOLUTIONS
network.) If you subscribe to the BIZ ISOLUTIONS Security
Monitoring Plan and PPIS, and you implement Best Practices
in accordance with the plan, you will not be assessed
a penalty fee.
|
| EMAIL |
Sending unsolicited email messages,
including, without limitation, unwanted advertising
and informational announcements, is explicitly prohibited,
whether sent in bulk or not, and whether commercial
in nature or not. The use of BIZ ISOLUTIONS resources
to sell or enable the sale of "bulk" and/or
"stealth" email software (to include so-called
"spoof" software) is strictly forbidden. The
use of BIZ ISOLUTIONS resources to sell or enable the
sale of software designed to "harvest" email
addresses is also categorically prohibited. A user shall
not use another site's mail server to relay mail without
the express permission of the site owner. Legitimate
mailing lists and subscriber lists are acceptable. Otherwise,
it is spam. |
|
| USENET |
Posting the same messages to multiple
newsgroups (excessive cross-posting or multiple-posting,
also known as "SPAM") is expressly prohibited.
INDIRECT OR ATTEMPTED VIOLATIONS OF THE POLICY, AND
ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON
BEHALF OF AN BIZ ISOLUTIONS CUSTOMER OR A CUSTOMER'S
END USER, SHALL BE CONSIDERED VIOLATIONS OF THE POLICY
BY SUCH CUSTOMER OR END USER.
For Example: If you are hosting a bulk email site
on BIZ ISOLUTIONS servers and you use another ISP
to SPAM from in order to reference your BIZ ISOLUTIONS
site by IP address or domain name, you are violating
BIZ ISOLUTIONS policy and possibly the law. If you
have been granted telnet access to BIZ ISOLUTIONS
servers, multiple telnet log-ons are strictly prohibited
and you must come from a valid IP address. Forgery
is against the law. Any type of denial of service
attack from valid or invalid addresses is a violation
of BIZ ISOLUTIONS security policy and against the
law. If you have been granted password privileges
for FTP or telnet, sharing your password with an unauthorized
user or third party is strictly prohibited. Complaints
regarding illegal Use or System or Network Security
issues should be made by contacting Customer Support.
Complaints regarding email abuse should be made by
contacting Customer Support. Complaints regarding
USENET abuse or SPAM should be made by contacting
Customer Support.
|
| COPYRIGHT INFRINGEMENT |
The Digital Millennium Copyright
Act provides limitations for service provider liability
relating to material online with regard to information
residing, at the discretion of the user, on a system
or network that the service provider controls or operates.
17. U.S. 512(c). The designated agents for notification
of claimed infringement are: Biz iSolutions, Inc. ATTN:
Biz iSolutions General Counsel, 858 W Armitage Ave Ste
194, Chicago, IL 60614. For other legal issues or concerns
contact: Biz iSolutions, Inc. ATTN: Biz iSolutions General
Counsel, 858 W Armitage Ave Ste 194, Chicago, IL 60614.
Biz iSolutions does not tolerate any pornographic
material or spamming and both infringements will result
in an investigation and possible termination and removal
of the site and/or virtual server without a refund.
Biz iSolutions prides itself as a responsible member
of the Internet community and is committed to protecting
the data of and providing quality service to all Biz
iSolutions customers all of the time.
|
| INTERACTION WITH BIZ ISOLUTIONS STAFF |
Any threat, vulgar and profane
language directed at any BIZ ISOLUTIONS staff member
through phone or email may result in immediate termination
of an account. Any violation of this policy by any employee,
contractor or third party programmer of BIZ ISOLUTIONS
should be reported immediately. Bottom line is let's
work together toward a mutually beneficial relationship
and create a prosperous and responsible Internet community.
Microsoft ®, FrontPage ®, and the related
logo(s) are registered trademarks of Microsoft ®
Corporation
|
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| Biz
iSolutions Inc Disclaimer |
Biz iSolutions Inc does not necessarily
endorse, support, sanction, encourage, verify or agree
with the content, comments, opinions or statements hosted
by Biz iSolutions customers, advertisers, vendors or
partners. Information, products, and services offered,
sold or placed online belong to the respective companies
or individuals who place them or request for them to
be placed there and are not representative of Biz iSolutions.
The user understands that Biz iSolutions is not responsible
for the content, quality or merchantability of any information,
product or service offered herein and the user must
assume full responsibility to evaluate independently
the accuracy, completeness, quality and usefulness of
any information or other content.
BIZ ISOLUTIONS hereby expressly disclaims any and all
warranties, expressed and implied, including but not
limited to any warranties of accuracy, reliability,
merchantability or fitness for a particular purpose
by any vendor, customer, or associate offering information,
products, and services through Biz iSolutions's web
site, linked to Biz iSolutions's web site, or hosted
with Biz iSolutions. The user agrees that Biz iSolutinos
is not responsible, and shall have no liability to such
user, with respect to any information, product or service
offered by others who are linked to the Biz iSolutions
web site or are hosted with Biz iSolutions. Biz iSolutions
shall not be liable for any damages allegedly sustained
from use of the information, products and services.
Biz iSolutions's only liability in the event of errors
shall be the correction or removal of the erroneous
information once notified.
|
|
| Biz
iSolutions Online Agreement |
THIS AGREEMENT is made and entered
into between Biz iSolutions, Inc., and/or its subsidiaries
located at 858 W Armitage ste 194, Chicago, IL 60614,
hereinafter referred to as ("Biz iSolutions")
and you, the Customer ("Customer" or "You"),
who wish to use the below-described Service(s) of Biz
iSolutions in accordance with this Agreement, and the
various policies of Biz iSolutions, which are located
on the World Wide Web at http://www.bizisol.net and
its various subdirectories. You and Biz iSolutions are
collectively referred to in this Agreement as the "parties."
NOW, THEREFORE, in consideration of the foregoing
premises and of the mutual covenants and promises
hereinafter set forth, the parties hereto agree as
follows:
|
| 1. DEFINITIONS: |
a. "Agreement" shall
refer to the complete and entire understanding between
the parties, exclusively represented by the totality
of the following documents: this instrument, which you
are now reading; Biz iSolutions 's Acceptable Use Policy
(AUP); Biz iSolutions’s Disclaimer, and Biz iSolutions
's Billing and Procedures Policy (BP). The term "Agreement"
shall not refer to any statement, supposition, or understanding
not recorded in writing in the above-listed documents.
b. "Registered Name" shall refer to a domain
name, whether consisting of two or more levels, about
which the Registry Operator of a Top Level Domain (TLD),
or an affiliate engaged in providing Registry Services,
maintains data in a Registry Database, arranges for
such maintenance, or derives revenue from such maintenance.
In essence, a Registered Name is a domain name that
is registered with a Registry Operator, through an ICANN-accredited
Domain Name Registrar.
|
| 2. SERVICE DESCRIPTION: |
As a World Wide Web, Information
Technology, and Internet Service Provider, Biz iSolutions
provides Internet Web hosting, ecommerce, domain registration,
and associated services, hereafter referred to as the
"Service" or "Services." For this
purpose, Biz iSolutions maintains a network of dedicated
server computers, routers, hubs, switches, and other
equipment (collectively, the "Network") located
in North Carolina, USA, and integrated with the Internet.
This Network sends and receives data and information
via the World Wide Web. Customer wishes to connect to
the Web and establish an Internet Web presence by utilizing
the various resources of Biz iSolutions 's Network and
Biz iSolutions's Services. |
|
| 3. CONDITIONS: |
a. Biz iSolutions 's AUP; Biz iSolutions
Disclaimer and Biz iSolutions 's BP are incorporated
herein by reference, as if fully set out. The foregoing
constitutes a legal and binding contract between Biz
iSolutions and Customer, which does not extend to any
other person or entity.
b. The duration of this Agreement, as to its Initial
Term and any renewal thereof, shall be in accordance
with the plan that the Customer affirmatively selected.
c. In accordance with the BP, Biz iSolutions will bill
Customer, and Customer shall pay, for excess resources
used by Customer, such as data transfer, disk space
usage, and additional email addresses.
|
| 4. WARRANTIES and LIMITATION OF LIABILITY: |
With respect to the Services to
be provided hereunder, Customer understands and acknowledges
that BIZ ISOLUTIONS MAKES ABSOLUTELY NO WARRANTIES WHATSOEVER,
EXPRESS OR IMPLIED. Customer further agrees that Biz
iSolutions shall not be liable to Customer for any claims,
damages, or loss of profit which may be suffered by
Customer or any other entity in any respect for direct,
indirect, consequential, actual, or punitive damages
arising out of or in relation to the Services provided
hereunder, including, but not limited to, losses or
damages resulting from loss of data due to delays, non-deliveries,
or Service interruptions. The utilization of any data
or information received by Customer from use of the
Services to be provided by Biz iSolutions is at Customer's
sole and absolute risk. Biz iSolutions specifically
disclaims and denies any responsibility for the completeness,
accuracy, or quality of such data or information. |
| 5. TRADEMARKS |
a. Customer shall not use the Biz
iSolutions name, trademarks, trade names, or logos in
connection with the operation of Customer's business,
except as may be provided for in this Agreement. Neither
party shall use the other party's name, trademarks,
or logos in either its own corporate name or in any
fictitious name. Neither party nor its employees or
agents shall knowingly remove or alter any trademark,
trade name, copyright, or other proprietary notices,
legends, or symbols from any of the other party's products
or documentation or intellectual property.
b. Neither party shall take any action, or intentionally
omit to take any action, that would jeopardize, limit,
or interfere in any manner with the ownership of the
other party in the other party's products, services,
documentation, or intellectual property. Title to and
ownership of all copies of any products, services, software,
documentation, or Internet services developed by or
for Biz iSolutions or owned by Biz iSolutions through
the term of this Agreement, whether in machine-readable
or printed form, and including, without limitation,
any derivative works, compilations, or collective works
thereof, and all related technical know-how, and all
rights therein (including without limitation rights
in patents, copyrights, and trade secrets applicable
thereto), are and shall remain the exclusive property
of Biz iSolutions and its suppliers. Customer shall
not take any action to jeopardize, limit, or interfere
in any manner with Biz iSolutions 's ownership and rights
therein.
c. Customer agrees not to disassemble, de-compile, or
reverse-engineer any of Biz iSolutions 's Internet software
or any of Biz iSolutions 's source code, without limitation.
|
|
| 6. CONFIDENTIALITY & NON-COMPETITION |
a. Customer and Biz iSolutions
hereby agree not to disclose or use, and to assure that
their employees and agents do not disclose or use, any
confidential information belonging exclusively to one
another ("one another's Confidential Information").
Customer and Biz iSolutions acknowledge that the following
materials and information, and all copies thereof, constitute
one another's Confidential Information:
b. Lists of subscribers, customers, or clients, including
without limitation information about their occupation,
credit card numbers, information, and preferences; and
the results of market research performed or obtained
by one another concerning any such subscribers, customers,
or clients;
c. Information belonging to and/or concerning one another
which is not generally known by or disclosed to the
public, including without limitation information regarding
one another's hardware, software, personnel, finances,
business plans, computer programs, code, algorithms,
expertise of employees and consultants, know-how, formulas,
processes, ideas, inventions (whether patentable or
not), schematics, and other technical, business, financial
and product development plans, forecasts, strategies,
and any other information marked "Confidential";
and
d. Both parties acknowledge that the other party's above-listed
Confidential Information is valuable, special, and unique;
that its unauthorized disclosure or use will cause irreparable
injury to the other party; that immediate injunctive
and/or other equitable relief will be necessary and
appropriate to remedy an unauthorized disclosure or
use of such information; and that such relief may include
without limitation a Temporary Restraining Order (obtained
ex parte) as well as permanent injunctive or other relief.
e. Customer shall not cause or attempt to cause any
Employee or Agent of Biz iSolutions, of Biz iSolutions
's subsidiaries, or of its parent company, to terminate
his/her employment or agency during the term of this
Agreement. Customer further agrees not to cause or attempt
to cause any of Biz iSolutions 's customers, their agents,
or their employees to terminate their respective relationships
with Biz iSolutions, or with any of Biz iSolutions 's
subsidiaries, or with its parent company.
f. Upon termination of this Agreement, each party agrees
to return to the other party, within a reasonable time
period, any and all Confidential Information and other
materials belonging to the other party.
g. This Paragraph will survive the termination of this
Agreement for a period of two (2) years.
|
|
| 7. PAYMENT POLICIES: |
a. The following is intended to
supplement the Biz iSolutions BP by providing a context
for it, without conflicting therewith.
b. As consideration for Biz iSolutions 's promise to
provide to Customer the Services described hereunder,
Customer agrees to pay Biz iSolutions, at the time of
submitting the order, all the Biz iSolutions fees for
the Services which Customer has ordered and agrees to
continue paying fees in accordance with the selected
plans payment schedule. .
c. Customer's set-up fee and first payment are due at
the time the order is mad.. Customer will thereafter
be billed according to the Biz iSolutions BP, located
on-line at http://www.bizisol.net
d. If Customer pays by check, restrictive endorsements
or other statements on checks accepted by Biz iSolutions
shall have no effect. Customer shall reimburse Biz iSolutions
for all administrative costs (including reasonable attorney
fees) associated with collecting delinquent or dishonored
payments, to include chargebacks. At Biz iSolutions
's sole option, interest charges may be added to any
past due amounts at the lower of 1.5% per month or the
maximum rate allowed by law.
e. In the event that Customer fails to pay for Services
in accordance with the Biz iSolutions BP, Biz iSolutions
shall be entitled to unilaterally suspend its obligation
to perform under this Agreement, in whole or in part,
and to discontinue all or some Services, at its option,
until payment is made in accordance with the BP. Moreover,
in the event of failure to pay by Customer and/or a
chargeback by a credit card company (or similar action
by another payment provider allowed by Biz iSolutions)
in connection with payments for the Services, Customer
agrees and acknowledges that, in Biz iSolutions's sole
discretion, Customer's Registered Name (domain name)
registration shall be transferred to Biz iSolutions,
and that Biz iSolutions shall thereupon possess all
rights regarding such Registered Name registration including,
without limitation, the right to make said Registered
Name available to other parties for purchase, for the
purpose of recovering the sum that Customer has failed
to pay. Biz iSolutions may reinstate Customer's Registered
Name registration at Biz iSolutions 's sole discretion,
and will reinstate such following Biz iSolutions 's
receipt of payment in full from Customer (unless Biz
iSolutions has already sold the Registered Name registration
to a third party, under the above provisions of this
Agreement).
f. As to guarantees or any promotional offers that may
be in effect at the time you, the Customer, execute
this Agreement, those promotional offers or guarantees
are expressly subject to the following restrictions:
All such promotional offers of products or services,
such as free or reduced-rate domain name registration,
free or reduced-rate set-up, or similar offers, may
be invalidated by Biz iSolutions in its sole discretion
the first time you make a late payment to Biz iSolutions.
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| 8. BREACH AND REVOCATION: |
In the event that Biz iSolutions
may at any time believe that the Service is being utilized
for unlawful purposes by Customer, or in contravention
of the terms and provisions of this Agreement, Biz iSolutions
may unilaterally and immediately discontinue such Service
to Customer without liability. Without limitation, this
provision will include adult-content matters, unsolicited
bulk emailing, and failure to pay in accordance with
the Biz iSolutions BP. |
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| 9. SECURITY INTEREST IN CUSTOMER'S DATA AND REGISTERED
NAME (DOMAIN NAME) REGISTRATION RIGHTS: |
: Customer agrees that Biz iSolutions
and/or its subsidiaries shall have a security interest
in Customer's data and in Customer's Registered Name
registration, and shall have the right in Biz iSolutions
's sole discretion to suspend, cancel, transfer, or
modify Customer's Web hosting account and Registered
Name registration in the event that Customer fails to
pay or otherwise breaches this Agreement. Customer understands
and acknowledges that by placing Customer's Registered
Name and Customer's information on Biz iSolutions's
servers, Customer has granted Biz iSolutions and its
subsidiaries a security interest in Customer's Registered
Name registration and customer's data. Customer acknowledges
and agrees that Customer's Registered Name is subject
to suspension, cancellation, or transfer by any ICANN
procedure, by any Registrar or Registry Operator procedures
approved under an ICANN-adopted policy, or by any other
TLD Registry Operator procedures as the case may be,
for the resolution of disputes concerning the Registered
Name. Customer further agrees and acknowledge that Biz
iSolutions owns all databases; compilations; collections;
and similar rights, titles, and/or interests worldwide
in the Web hosting and Registered Name databases generated
by information relating to Biz iSolutions and Biz iSolutions
subsidiary customers, and all information and derivative
works generated from the Web hosting and Registered
Name databases to include but not limited to:
a. the original creation date of the Registered Name
registration;
b. the expiration date of the Registered Name registration;
c. the name, postal address, e-mail address (which Biz
iSolutions may alias for purposes of transfers), voice
telephone number, and where available, fax number(s)
of the technical contact, administrative contact, zone
contact, and billing contact for the Registered Name
registration;
d. any remarks concerning the Registered Name that appear
or should appear in the WHOIS or similar database;
e. any other information Biz iSolutions generates or
obtains in connection with the provision of Registered
Name registration and/or Web hosting services.
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| 10. DEFAULT; ACCELERATION; AND WAIVER OF NOTICE:
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Should Customer fail to pay Customer's
bill as required by this Agreement, or should Customer
otherwise breach this Agreement, Biz iSolutions may
declare Customer in default and require Customer to
pay the entire debt immediately and without prior notice.
Further, in the event of default, Biz iSolutions may
act, in its sole discretion, as Customer's Attorney-in-Fact
to execute actions or proceedings in connection with
this Agreement, including, but not limited to, selling
or otherwise disclosing Customer data and/or the Registered
Name registration. |
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| 11. INDEMNIFICATION: |
Customer shall indemnify and hold
harmless Biz iSolutions from any and all loss, cost,
expense, and damage on account of any and all manner
of claims, demands, actions, suits, proceedings, judgments,
costs, and expenses that may be initiated against Biz
iSolutions and Biz iSolutions 's officers, directors,
and employees for any Service provided to Customer by
Biz iSolutions, to include Web space content that violates
any copyright, trademark, or service mark; any proprietary
right of any person or entity; any state and/or federal
laws or regulations; or contains any defamatory matter.
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| 12. CHANGES IN TERMS OF AGREEMENT: |
Biz iSolutions reserves the right
to make changes to the terms and conditions of this
Agreement at any time, to include pricing of the Services,
advising of the change and the effective date thereof
by publishing it to the appropriate Biz iSolutions Web
site, but with changes in fees being effective only
at the end of any period for which Customer has prepaid.
Utilization of the Service(s) by Customer following
the effective date of such change(s) shall constitute
acceptance by Customer of such change(s). Customer is
solely responsible for staying informed with respect
to changes in this Agreement, to include the AUP, and
the BP, all of which are published on-line, as indicated
above, and are readily available for public viewing.
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| 13. ENTIRE AGREEMENT AND UNDERSTANDING: |
This instrument --- together with
the application/order form for Web space and Services,
Biz iSolutions's AUP, and Biz iSolutions's BP, all of
which are published on Biz iSolutions's Web site and
are incorporated herein by reference --- constitutes
the entire Agreement between the parties, and represents
the complete and entire understanding of the parties
with respect to the subject matter of this Agreement.
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| 14. RELATIONSHIP: |
The parties hereto are independent
entities. Nothing in this Agreement shall be construed
to constitute Customer an agent, employee, partner,
independent contractor, joint venturer, or any other
similar entity. |
| 15. GOVERNING LAW: |
This Agreement shall be governed
by the laws of the State of Illinois in the USA without
regard to such State's laws and rules concerning conflicts
of laws. Each party agrees that jurisdiction and venue
for any and all claims, disputes, or other matters arising
out of the Services provided herein and under this Agreement
will only lie in Cook County, Illinois. If any action
at law or in equity is brought in Cook County, Illinois,
to enforce or interpret the provisions of this Agreement
and Services provided herein, the prevailing party in
such action shall be entitled to all reasonable costs
to include attorney fees. The parties agree that this
Paragraph 15 is a material inducement to each of them
to enter into this agreement, and further agree that,
if either party violates this agreement by filing or
bringing, outside Cook County, Illinois, any action
at law or in equity to enforce or interpret the provisions
of this Agreement and the Services provided herein,
the party filing or bringing such action shall fully
reimburse the defendant party for its reasonable costs
to include attorney fees, and shall make such reimbursement
in full within ten (10) calendar days after receipt
of a formal demand therefor, which demand shall include
a list of all costs and expenses demanded. |
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| 16. SEVERABILITY: |
In the event that any term or provision
of this Agreement is held by a court of competent jurisdiction
to be illegal, unenforceable, or invalid in whole or
in part for any reason, the remaining provisions of
this Agreement shall remain in full force and effect.
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| 17. INTERPRETATION: |
| The format, words, and phrases used herein shall have
the meanings generally understood thereby in the Computer/Software/Internet
Industries. This Agreement shall be construed according
to its plain meaning. In the event any ambiguity shall
be found herein, interpretation shall be based on the
intent of the parties, rather than a construction automatically
against the interests of the drafting party. |
18. Customer understands that Customer
has already affirmatively selected one of the following
service plan/payment options form Biz iSolutions , which
is incorporated herein by reference. The two options
are summarized immediately below:
a. Option 1. Term of One (1) month shall begin on the
date of application. Customer pays for the one month
of Services at the time of order. Thereafter, renewal
terms One MONTHS IN DURATION shall be automatic unless
one of the parties cancels in accordance with the BP
before the end of the then-current term. Each individual
installment after the initial is nonrefundable.
b. Option 2. Term of twelve(12) months shall begin on
the date of application. Customer pays for the twelve
months of Services in one initial prepay installment.
Thereafter, renewal terms TWELVE MONTHS IN DURATION
shall be automatic unless one of the parties cancels
in accordance with the BP before the end of the then-current
term. Each individual installment after the initial
is nonrefundable.
IN WITNESS WHEREOF, the parties hereto, intending to
be legally bound hereby, and in consideration of the
covenants and agreements contained herein, do hereby
execute this instrument, with each party warranting
its ability to enter into this Agreement for the person
or entity herein named as a party hereto. By placing
a recorded telephonic order with an Biz iSolutions representative,
and/or by paying for service online, Customer agrees
to all the terms and conditions of this Agreement.
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