Terms & Conditions

HOSTING AGREEMENT
BlueFog IT Solutions
Revision date:  June 1, 2020


BlueFog IT Solution(“BFITS”) values you as a customer. In order to ensure you receive the best level of Service, please read this Hosting Agreement—which incorporates and includes the following:

  • BFITS’s Acceptable Usage Policy ;
  • BFITS’s Fee Schedule ;
  • BFITS’s Service Level Agreement ;
  • BFITS’s Copyright Policy ;
  • BFITS’s Privacy Policy

We want to make sure you understand what you can and cannot do, what to expect from BFITS’s Services, and your privacy rights. These policies and terms of Service are an agreement that governs your purchase and use, in any manner, of all Services ordered by you and provided by BFITS. By virtue of ordering and using BFITS’s Services, you necessarily agree to be bound by the terms and conditions contained herein.

As used in this Hosting Agreement (hereinafter “Agreement”), “BFITS,” “us,” “we,” “our,” and grammatical variants thereof means BlueFog IT Solutions. “Customer,” “you,” “your,” and grammatical variants thereof refers to you. This Agreement sets forth the general terms and conditions of your use of BFITS.com website and/or the products and services made available by BFITS (“Services”). By using the Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Services. BFITS reserves the right to change or modify any of the terms and conditions contained in this Agreement at any time and from time to time in its sole discretion, and to determine whether and when any such changes apply to both existing and future customers. BFITS may make changes or modifications to referenced policies, fees, and guidelines without notice to you. Your continued use of the Services following any changes or modifications will constitute your acceptance of such changes or modifications. You agree to receive any updates to the terms in this Agreement by accessing our website.

1. TERMS & EFFECTIVE DATES



A) This Agreement is effective as of the date you order BFITS’s Services and shall continue for an initial term of one month and shall be automatically renewed each month for additional one month billing terms unless and until sooner terminated pursuant to the provisions of this Agreement.

B) Either BFITS or Customer may terminate this Agreement at any time for any reason upon providing a thirty (30) day advance notice in writing.

C) Upon termination of this Agreement, Customer must fully pay BFITS for all Services partially or fully provided to Customer by BFITS prior to termination. If credits remain in Customer’s account, they will be returned to Customer after deducting a twenty-five dollar ($25.00) administration fee, as reflected in BFITS’s  Fee Schedule.

D) Notwithstanding the provisions of this Article, BFITS reserves the right to immediately terminate this Agreement by and between any Customer believed to conduct, participate in, allow, or facilitate any prohibited activity as described in BFITS’s  Acceptable Usage Policy .

 

2. TERMS OF SERVICE



A) Service(s) Provided: BFITS will provide Customer with the Service(s) ordered, as they are described on our website, billing system, or in a custom quote. Customer understands and agrees that BFITS will host and create the Services solely in accordance with the information provided by Customer. Customer agrees to use BFITS’s Services in accordance to this Agreement, including BFITS’s  Acceptable Us

age Policy.

B) Customer Support: BFITS, either directly or through its assignee or licensee, will provide support to Customer relating to BFITS Services. Any support which BFITS may provide to you shall be at BFITS’s sole discretion and once commenced, may be terminated at any time by BFITS without notice to you and without any liability to BFITS. BFITS will provide reasonable technical support via their ticket system to Customer during BFITS’s normal technical support hours. Notwithstanding any discretionary provision of customer support, BFITS has no contractual obligation beyond maintaining basic server function. BFITS will keep Customer’s Service up and functional, and will address Customer support tickets within a reasonable response time.

C) Bandwidth Overage: Going over your allocated bandwidth will result in a Service suspension. Customer is responsible for their Service(s), so please ensure that you secure your passwords and server correctly to avoid any overages. Bandwidth either resets on the first day of the month or at the recurring payment date of your Service, depending on the specific Service. Customer’s Service will automatically unsuspend/re-activate once the bandwidth usage is reset for the month. In order to re-instate Service before bandwidth usage is reset, Customer must purchase additional bandwidth by creating a Service ticket. Additional bandwidth is a recurring Service, and Customer will be invoiced accordingly. If Customer does not want this Service on a recurring basis, it is Customer’s responsibility to cancel the additional bandwidth in a timely manner.

D) IP Change/Blacklist: In the event that you receive an IP address that is on a blacklist, you have up to 24 hours from your order date to report it to BFITS for a change. Any other IP changes after this initial 24 hour period will result in an IP change fee, as stated in our  Fee Schedule. Please keep in mind that BFITS reserves the right to charge a $25 fee if your Service(s) is cancelled/suspended and BFITS has a reason to believe that you caused the IP address to go on a blacklist due to e-mail spam.

E) Abuse Policy: Customer acknowledges that any prohibited activity as described in BFITS’s  Acceptable Usage Policy  may result in immediate cancellation/termination without refund or notice. However, at our discretion, we will generally follow the guidelines below:

  • First offense: Customer contacted; abuse report sent — response required within 24 hours or suspension;
  • Second offense: Customer’s Service suspended; Customer must contact BFITS to appeal abuse report;
  • Third offense: Customer account closed — all Services will be suspended and terminated.

If the abuse report is from a third party BFITS may or may not require system logs or other evidence of the incident. However, BFITS understands that the legitimacy of these reports are sometimes questionable. BFITS urges Customer to respond in a timely manner so that BFITS can assess each case before making a decision regarding Termination or Suspension. BFITS retains the discretion to charge, and Customer agrees to pay, a $25 administration fee associated with any Suspension or Termination, which may automatically be charged to your account. Third party reports or requests will be subject to our  Copyright Policy and Privacy Policy .

F) Affiliate Program: Customers who promote BFITS’s Services can request to join our “Affiliate Program,” in which qualifying Customers are remitted a portion of the revenue resulting from their promotion of BFITS. The current default payout rate is 10% with a minimum payout of $10.00 and payments made periodically via PayPal upon withdrawal request by Customer. Any promotional amounts above 10% may be changed at any time, and all change in payout amounts apply to all future commission calculations. Promotional amounts are void if coupon is used and in recurring cases BFITS may revert payout rate to the default payout rate. BFITS reserves the right to modify payout amounts at any time, without notice, and may change rates per Customer based on referral volume, type, and profit. BFITS must verify to its satisfaction that Customer legitimately promoted BFITS’s Services. Customer must use best effort to ensure they do not knowingly result in fraudulent payments or referring/promoting BFITS to existing BFITS users. Customers must abide by the policies enclosed in this Agreement and BFITS has a strict no-spam policy; Customers who use mass mail or spam (including but not limited to: cookie stuffing, unsolicited e-mails, non-disclosure, providing false information, self-referrals) to disseminate a BFITS referral link, or Customers that have their account closed as a result of any abuse or policy breach, will be subject to Suspension and/or Termination and forfeit any claim to remittances in connection with the Affiliate Program.

G) Free Offers: Any Services offered for free as part of another plan are intended for use for that Customer’s plan only. Customers who resell/transfer such free Services to others are in violation of this Agreement, and BFITS reserves the right to cancel the free offer.

 

3. BILLING & FEES

A) Agreement to pay: As consideration for BFITS’s Services, Customer agrees to be charged upon request and/or use of any BFITS Service(s), including any fees assessed in connection therewith. Customer agrees to pay BFITS the aggregate fees, whether one-time or periodic, in whole, when due, based on the provided Services and terms selected, according to the terms provided herein. Services are provided as they are described and at the price advertised (in US Dollars) on BFITS’s website. BFITS reserves the right to demand payment in full when due, and does not waive that right in the event of any discretionary deferment.

B) Fee Schedule: BFITS’s Fee Schedule  reflects the current charges for Services performed outside of regular support boundaries. Customer agrees to be charged and to pay for any fees assessed by BFITS in accordance with this Agreement. BFITS reserves the right to modify the posted fees at any time, active upon posting, without direct notice to the Customer, who agrees to receive any updates to our Fee Schedule by accessing this Agreement on our website. Customer must upgrade to a regular, non-discounted plan to be able to use any additional Services. If Customer’s plan was purchased at a promotional or discounted price, that discount is voided if any of the fees in the Fee Schedule are requested or assessed.

C) Fraud Protection: BFITS uses automated fraud protection on all orders, so please enter all billing information correctly. Do not use proxies when ordering, and do not try to mask your identity in any way. Rest assured that the information is used for billing purposes only, subject to our  Privacy Policy. If you trigger the fraud system, you may correct your details and attempt to re-order, but if the issue persists, please contact our support team or await a manual response from our team. All payments may require additional documentation for security purposes, such as photo identification or signature. BFITS reserves the right to deny orders, cancel and refund payments for any reason, at any time, which may result in immediate termination. However, out of courtesy, BFITS may contact Customers to resolve any discrepancies in your payments or documentation, or notify Customers if additional documents are required.

D) Authorization and Cancellation:  By making a payment, Customer agrees that all charges, as well as future charges, are authorized. Customer has thirty (30) days to dispute any aspect of BFITS’s billing. In the event that a payment is disputed, BFITS may suspend or terminate Service(s) or the Customer’s account, and Customer is responsible for covering any losses, in addition to any fees such as charge-back fees, as well as attorneys’ fees.

E) Recurring Payments: If Customer signs up for a Service involving recurring payments, Customer is responsible for cancelling Service(s) seven (7) days before the end of the billing term, otherwise an invoice for the next billing term will be generated and due. BFITS automatically captures payments three (3) days before the end of the billing term, but reserves the right to do so as soon as seven (7) days before the end of the billing term. Customer permits BFITS to reattempt to capture payment if the first capture attempt fails. Any late captured payments will not prevent Service termination and you must contact BFITS to have your Services manually re-activated or receive store credit. BFITS will not honor any refunds as a result of Customer’s failure, mistake, disregard, or neglect to cancel their subscription in a timely manner. Thus, it is Customer’s responsibility to send in a cancellation request in a timely manner through BFITS’s automated system by clicking the “cancel” button and completing cancellation. “Cancellation” means that the Service will be fully terminated at the end of the term, and no invoice will be generated for the next term; therefore, please do not request a cancellation in attempt to disable recurring billing. Please also keep in mind that BFITS’s automated system is not capable of doing refunds for BitCoin or other Cryptocurrency payments in any situation, and Customers who use BitCoin or other Cryptocurrency forfeit any refund claim granted in these terms or otherwise.

F) PayPal Subscriptions: For recurring PayPal payments, Customer bears the responsibility to cancel the subscription from PayPal, if necessary. Any PayPal subscriptions that are not cancelled, even if Customer’s Service is cancelled by BFITS, will result in the funds being deposited into Customer’s BFITS account, and subject to BFITS’s strict deposit terms in this Article—no refunds.

G) Administration Fee: Customer agrees to pay a twenty-five dollar ($25.00) Administration Fee, which will be charged to Customer’s account in the event of the following situations, also reflected in our  Fee Schedule:

  • i. Any returned payment and/or collections efforts;
  • ii. Any withdrawal of Customer credits (if offered);
  • ii. Any disputes/holds/chargebacks on payment;
  • iv. Any suspension or termination due to prohibited account behavior;
  • v. Any suspension that necessitates manual processing outside our automated system;
  • vi. Any custom billing administration outside of current BFITS policies;
  • vii. Any blacklisting caused per IP address;

H) Suspension and Termination: “Suspension” means Customer cannot use their Service(s), which can be automatically resumed after payment is made. “Termination” means Customer’s Service(s) and associated data are lost forever, with outstanding balance still due. BFITS is not responsible for data loss due to Termination. In the event that Customer does not request to cancel their Services and an invoice is generated, but not paid, it will remain as an invoice and must be paid, even after Termination for failure to pay. This invoice must be paid before Customer can successfully make a new order in the future. Customer may pay the invoice at any time by contacting customer support. Customer is required to pay off any invoices generated. BFITS is not required to remove already-generated invoices for existing Services, as BFITS has made the cancellation policy very clear.

I) Invoices: Customer agrees to be charged and make payment immediately when a new invoice is generated. Invoices are generated as soon as a new Service is ordered and automatically seven (7) days before the next billing term for existing Services. If Customer orders a new Service and decides to cancel the order once an invoice is already generated but before payment, BFITS will automatically remove the invoice periodically. However, if Customer makes an error and wants to create a new order immediately, BFITS can clear the erroneous invoice and replace it according to Customer’s request. For existing Services, once an invoice is generated, Customer is required to make the payment before the due date. BFITS suspends your Service one (1) day after the due date, and terminates Customer’s Service completely after six (6) days of being overdue.

J) Refund Policy: BFITS will offer a full refund for any Services requested to be discontinued within 7 days of purchase; however, exclusions apply as follows:

  • This guaranteed refund only applies to the first refund for the first and single payment on a single Service that the Customer requests, limited per client, per household (such as using the same internet connection, address, payment information.) This guaranteed refund does not include any “One-time Setup Fees” or “Monthly Additions” ordered. Afterward, BFITS will handle refund requests on a case-by-case basis at our sole discretion;
  • Certain Services and fees are non-refundable. These include any domain name purchases, special/custom purchases, limited support packages, dedicated servers, domain registrations, administrative fees, software licensing fees, and any product specifically labeled as non-refundable;
  • Setup fees and any services performed (listed on our Fee Schedule) are non-refundable; and
  • No refunds are given for ANY services (account-wide) in cases of ANY abuse, suspension, or closure of account.

Generally, this means BFITS will give Customers a 100% refund for any other VPS plan for which Customer requests a cancellation and refund within 7 days of purchase. In the event of qualifying down-time, Customer’s account will be credited in accordance with this Agreement and BFITS’s Service Level Agreement. If Customer forgets to cancel a recurring payment and does not wish to keep the Service(s), BFITS reserves the discretion to offer store credit upon contact within 24 hours. If Customer downgrades Services, Customer will receive a prorated credit added to next term’s invoice: not a refund. All payments made through our deposit system are non-refundable. BFITS retains the sole discretion to make refunds without waiving the provisions herein. If a refund is made, or any store credits are withdrawn, Customer will be charged, and agrees to pay, a $25 administration fee per payment for BFITS’s manual payment processing.

K) Collection Efforts: You shall pay all costs of collection, including reasonable attorney’s fees and costs, in the event any invoice requires collection efforts. All accounts referred to a collection agency shall be subject to an additional fee of $25.00, which must be paid in full before the account is reactivated.

L) Currency Fluctuations: International Customers bear the risk of currency fluctuations and any fees or taxes associated with the conversion of foreign currencies into United States Dollars. BFITS reserves the right to withhold Service to international Customers until we are able to receive satisfactory confirmation from such Customer’s payment account provider, in our sole discretion, that the funds will be available for debit from the international Customer’s account. BFITS reserves the right to refuse to provide Service to Customers whose country provided in the contact information does not match that on file for the billing information.

 

 

4. MISCELLANEOUS



A) Warranty Disclaimer: Except as expressly provided in this Agreement, BFITS’s Services are provided on an “as is,” and “as available” basis. BFITS expressly disclaims all warranties and conditions of any kind, express, implied, or statutory, including, without limitation, the implied warranties of title, non-infringement, merchantability, and/or fitness for a particular purpose.

B) Indemnification: Customer shall indemnify BFITS, including its officers, directors, owners, managing agents, attorneys, shareholders, related entities, heirs, and assigns, from any and all claims, demands, actions, suits, losses, liabilities, damages, injuries, fines penalties, costs and expenses, attorneys’ fees, arbitration fees, mediation fees, expert expenses, and all other consequences of every kind, directly or indirectly resulting from any and all failure(s) of you or your agent(s) to fully comply with all duties, obligations and other provisions set forth in this Agreement. You further agree to defend, indemnify and hold harmless BFITS, including its officers, directors, owners, managing agents, attorneys, shareholders, related entities, heirs, and assigns, from and against any and all claims, demands, actions, suits, loses, liabilities, damages, injuries, fines, penalties, costs and expenses, including, without limitation, reasonable attorneys’ fees, arising out of any property damage or recoverable economic loss incurred by a third party, to the extent such damage or loss is caused by any act or omission of you or your agents in connection with the performance of this Agreement. You agree that BFITS shall have the right to participate in the defense of any such claim through counsel of its own choosing at your expense. All Services provided by BFITS to a Customer will be deemed accepted when delivered. In addition, BFITS expects Customers to abide by the policies enclosed in this Agreement and U.S. laws as well as any laws within the country in which Customer resides that do not conflict with U.S. laws. Basically, Customer assumes all responsibility for their activities, and if such activities result in any loss of money to BFITS or third parties, Customer is responsible for rectifying the situation financially.

C) Contractor Relationship: BFITS and Customer are independent contractors and nothing contained in this Agreement expressly or impliedly represents BFITS and Customer as having the relationship of principal-agent, partners, or joint- venturers. Neither Customer nor BFITS has or may represent itself as having, any authority to make contracts in the name of the other party or bind the other party in any manner whatsoever.

D) Applicable Law: This Agreement is made under and shall be governed by the laws of the State of Oklahoma, except with regard to any conflict of law rules. This Agreement and BFITS’s policies are subject to change by BFITS without notice. Continued usage of the Services after a change to this Agreement by BFITS or after a new policy is implemented and posted on the BFITS Site constitutes your acceptance of such change or policy. We encourage you to regularly check the BFITS Site for any changes or additions.

E) Arbitration: All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in the State of Oklahoma or another location mutually agreeable to the parties. Such arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys’ fees. Any such arbitration shall be conducted by an arbitrator experienced in Intellectual property and contract law and shall include a written record of the arbitration hearing. The parties reserve the right to object to any individual who shall be employed by or affiliated with a competing organization or entity. An award of arbitration may be confirmed in a court of competent jurisdiction.

F) Limitation of Liability: BFITS’s liability in connection with this Agreement or Services provided shall not exceed the amount paid by customer to BFITS during the three (3) month period before the claim arose. BFITS shall not be liable for (a) any loss of use, loss of data, or interruption of business or (b) any indirect, special, incidental, consequential, unforeseeable, or punitive damages of any kind (including, without limitation, lost profits), regardless of the form or action, whether in contract, tort (including negligence), strict liability, or otherwise, even if BFITS has been advised of the possibility of such damages. Customer acknowledges that these limitations are an essential element of this Agreement, and absent such limitations, BFITS would not enter into this Agreement to provide Services.

G) Severability: The invalidity or unenforceability of any provision(s) of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, which shall remain in full force and effect.

H) Entire Agreement: This Agreement together with BFITS’s  Acceptable Usage PolicyService Level Agreement Copyright PolicyPrivacy Policy , and Fee Schedule constitutes the sole and entire concord of the parties to this Agreement with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter.

I) Assignment: This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by Customer, but may be so transferred, assigned or delegated by BFITS.


 5. ACCEPTABLE USAGE POLICY

A) Prohibited Content: BFITS does not permit any Customer to use BFITS’s Services for illegal activities, and Customer warrants that it will not conduct, participate in, allow, or facilitate any prohibited activity. Customer agrees not to post, provide, embed, link, or otherwise make available any Customer Content (as defined BFITS’s  Copyright Policy ) that:

  • i. infringes on any third party’s intellectual property or publicity/privacy rights;
  • ii. violates any applicable law or regulation;
  • iii. involves deceptive or fraudulent activities;
  • iv. is defamatory, violent, clearly harmful, or obscene or infringes on citizens’ rights;
  • v. contains any viruses, worms, Trojan horses, time bombs, cancel bots, port scanning, stress testing, IP spoofing, Phishing, or other computer programming routines that are intended to
  • vi. damage or interfere with any system, data, or personal information;
  • vii. attempts to harm BFITS’s servers or other servers in any way (Attacks, CPU intensive programs for no reason, etc);
  • viii. involves spamming, mailservers, or mass marketing of any kind, or any type of investment/lottery sites;
  • ix. involves brute force and other vulnerability-checking programs, even if for security purpose;
  • x. involves traffic exchange / relay websites or Services, including autosurf sites, TOR nodes, open public proxies, and topsites list;
  • xi. involves mass public file storage of any kind (image hosting site, video hosting site, torrents, etc);
  • xii. involves high CPU/Bandwidth usage, I/O usage, and network usage, or in any other way disrupting the performance of other customers;
  • xiii. involves constantly receiving attacks on Customer’s Services or failure to secure Services properly; or
  • xiv. involves crawling/scraping, loading excessive number of websites, or running web macro plugins/scripts.
  • xv. involves running a program/script that is designed to use maximum CPU (such as cryptocurrency miners) and not a general fixed amount equal or lesser to the processing power assigned to your service.

BFITS shall have the sole discretion in determining what Customer Content is acceptable, and reserves the right to refuse any other subject matter it deems inappropriate. In the event that any damages are caused by Customer’s violation of this provision, Customer agrees to be liable for all costs associated with reversing the damages. Customer agrees to comply with all applicable U.S. and national laws. Customer agrees to hold harmless and indemnify BFITS of any and all liabilities that may arise, either directly or indirectly, with Customer’s performance or non-performance in connection with this Agreement.

B) Circumvention Prohibited: Customer agrees not to circumvent, abuse, or attempt to circumvent or abuse BFITS security measures and/or billing system. This includes, but is not limited to: creating multiple billing accounts for the same Customer or from the same household, using multiple accounts to deposit funds exceeding amount of funds permitted, creating a billing account for someone other than Customer, or abusing bugs in BFITS’s system. Any abuse will result in account closure and immediate Service termination, without refund. BFITS does not honor any pricing mistakes on their website and reserves the right to cancel such orders.

C) Mass-mailing Prohibited: BFITS does not permit any type of mass mailing on our servers, and Customers running these types of scripts are subject to Suspension and/or Termination at BFITS’s discretion. If Customer wants to run a legitimate mail-server or send large amounts of e-mails in a non-spam manner, Customer must purchase one of BFITS’s Webhosting plans and request BFITS’s pre-approval for the expected volume of mail Customer seeks to disseminate.

D) High Usage Policy: Any usage by Customer that disrupts the overall performance of our server(s) is not permitted. Customer agrees to operate within the BFITS usage parameters, which are as follows:

  • High CPU:  Customer’s Service cannot burst to 95-100% usage for more than five (5) minutes and cannot average higher than 50% usage within any two (2) hour period. Packages advertised to include dedicated CPU, Services with the high CPU option, and any customized Service plans that include high CPU option may burst to 100% at all times.
  • High Load:  Customer’s Service cannot have a 15-minute load average higher than the number of full logical cores assigned and cannot have a 1-day load average higher than 70% of the number of full logical cores assigned.
  • High Mail Volume:  BFITS reserves the right to block port 25 on Customer’s Service. Customer cannot send more than 100 maximum e-mails per hour, and must maintain a similar average volume of mail on a week-to-week basis—no bursting permitted. BFITS reserves the right to waive this requirement for the purpose of a customized Service plan.
  • High I/O:  Customer’s Service cannot average more than 80 IOPS within any two (2) hour period, cannot burst above 300MB/s disk write average for more than ten (10) minutes, cannot average more than 300 write operations per second for more than 1 hour, and cannot be above 20% average utilization within any six (6) hour period.
  • High Network Usage:  Customer’s Service cannot have more than 50,000 conntrack sessions at any given time, and cannot use more than the allocated bandwidth. Customer understands that the network is shared and utilizing maximum network speed will not always be possible.

BFITS reserves the right to deprioritize,. power down, or suspend Customer’s Service(s) at any time in order to avoid congestion and/or disrupting the performance of other customers, which may directly affect the performance of Customer’s Service.

6. FEE SCHEDULE


 

One-time Setup
Fees

·
IP
Change or Addition

$9.00 per IP address, $15.00 for custom
requirements if offered.  Charge waived 1 to 8 times per billing term based on
proxy/packs.

 

·
Custom
panel/OS on Unmanaged Dedicated Server

$60.00 for initial setup.  Additional
$90.00 for custom configuration.

·
Migration

$15.00 per migration with data moved,
otherwise $9.00 to wipe data and regenerate in new location (if offered.)

 

·
Custom
Premium Support

$75.00 per two (2) hours per month with
add-on.  Otherwise, $45.00 per fifteen (15) minutes.

·
Custom
Upgrade/Downgrade

$15.00 per set of custom changes to a
plan, such as adding additional RAM/CPU.

·
Datacenter
Hands Rate

$240.00 per half hour.  Same for adding
hardware, additional IP subnet after initial setup, etc.

·
Back-Up
Retrieval

$45.00 for back-up retrieval, if and
when available.*

·
Billing
Fee

$15.00 or more for any other custom billing
related request.

Monthly
Additions

·
Additional
Ram

$9.00
per one (1) GB per month.

·
Additional
CPU

$30.00
per fair-use core per month. Additional for high CPU option (dedicated core.)

·
Additional
Storage

$6.00
per ten (10) GB per month.

$15.00
per one (1) GB per month for custom template storage.

·
Additional
BW

$15.00
per one (1) TB per month.

$105.00
per ten (10) TB per month.

·
Additional
IP Address

$6.00 per month, when adding after
initial purchase.

 

Bandwidth
Overages

·
500
GB

for one-time fee of $15.00.

·
1
TB

for one-time fee of $30.00.

·
5
TB

for one-time fee of $90.00.

·
10
TB

for one-time fee of $150.00.

Administration
Fees

·
$25.00 for any
returned payment.

·
$25.00 for any
suspension or termination due to prohibited account behavior;

·
$25.00 for any
withdrawal of Customer credits;

·
$25.00 for any
suspension that necessitates manual processing outside our automated system;

·
$25.00 for any
disputes/holds/chargebacks on payment;

·
$25.00 for any
custom billing administration outside of current BFITS policies;

·
$25.00 for any
blacklisting caused per IP address.

·
$25.00 to
resume Service after BFITS commences collection efforts to capture debts
owed;

*BFITS is not responsible for failure to keep back-up, and is not responsible for data corruption or data loss if a back-up is available.


7. SERVICE LEVEL AGREEMENT


A) Uptime Guarantee: BFITS offers a Service uptime guarantee to its Customers. In the event of qualifying Service Downtime, Customer’s account will be credited in accordance with BFITS’s Service Level Agreement, as expressed herein. In the event of a dispute regarding downtime, it is Customer’s duty to demonstrate to BFITS’s satisfaction, in BFITS’s sole discretion, that the provisions of this guarantee have been broken. Customer acknowledges and agrees that slow network speed is not equivalent to downtime and is not subject to the BFITS Service Level Agreement. Customer agrees that the Service Level Agreement does not apply to certain exemptions, as expressed herein.

B) Downtime Credits: You may contact BFITS and request a credit for “Downtime” in accordance with the following parameters:

  • Uptime Guarantee is triggered once Customer has experienced at least ten (10) minutes of Service downtime. Only downtime experienced in the continuous period thereafter will become creditable as “Downtime,” as defined and measured in this Agreement;
  • Once the Uptime Guarantee is triggered, Customer’s Downtime will be measured in weeks, to be rounded up to the nearest whole number.

Customer’s account will be credited for qualifying Downtime, such credit to be put towards the purchase of future BFITS Services. Credits cannot be redeemed for cash, and are exclusive of any applicable taxes. Service Level Agreement, and any transactions connected therewith, are subject to BFITS’s  Billing & Fees policies.

C) Exemptions: The Downtime Guarantee does not apply to Service interruptions caused by ( i) periodic scheduled maintenance or repairs undertaken by BFITS from time to time; (ii) downtime caused by Customer; (iii) Suspension Termination of your Services due to legal action taken or threatened against you; (v) Suspension or Termination of your account due violations of this Agreement, as determined in BFITS’s sole discretion, including but not limited to excessive use of system resources, nonpayment or other billing issues, or identification of your content as fraudulent, prohibited, or otherwise in violation of this Agreement; (vi) downtime caused by issues in third party services, and external from BFITS’s datacenter(s); (vii) denial of service attacks on unprotected services; or (viii) causes beyond the control of BFITS or that are not reasonably foreseeable.

D) Interruption of Service: Customer hereby acknowledges and agrees that BFITS will not be liable for any actual or economic damages resulting, directly or indirectly, from temporary delay, outages or interruptions of Service(s). BFITS is not responsible for any damages, including but not limited to, any loss of revenue due to Service disruptions, data breaches, or data loss. Customer understands that BFITS cannot be held liable for any damages, to Customers or third parties, resulting from the use of BFITS’s Services. Each party acknowledges that it has not entered into this Agreement in reliance upon any warranty or representation except those specifically set forth herein.

 

8. COPYRIGHT POLICY


A) Limited License to Content: Customer hereby grants to BFITS the limited, nonexclusive right and license to copy, distribute, transmit, display, perform, create derivative works from, modify, and otherwise use and exploit any Customer Content, or any Customer trademarks, fonts, logos, or other objects or designs provided to BFITS hereunder, solely for the purpose of rendering BFITS’s Services under this Agreement. Such limited right and license shall extend to no other materials or for any other purpose and will terminate automatically upon termination of this Agreement for any reason.

B) Rights to the Web Site and Content: With the exception of any Third-Party Materials and Background Technology as set forth below, Customer owns the “Customer Content,” which means all content and/or information (including, without limitation, any text, music, sound, photographs, video, graphics, data, and/or software), in any medium, provided by Customer to BFITS. “Third-Party Materials” means any content, software, and/or other computer programming material that is owned by an entity other than BFITS, and licensed by BFITS or generally available to the public, including Customer, under published licensing terms, and that BFITS will use to display or run a Web site. BFITS owns the rights to the design of the web site. If Customer stops paying the monthly fee for Services, they will be cancelled and the Customer will not be entitled to use the web site for any purposes whatsoever.

C) Limited License to the Background Technology: “Background Technology” means computer programming/formatting code or operating instructions developed by or for BFITS and used to host or operate a website or a webserver in connection with a website. Background Technology includes, but is not limited to, any files necessary to make forms, buttons, checkboxes, and similar functions and underlying technology or components, such as style sheets, animation templates, interface programs that link multimedia and other programs, customized graphics manipulation engines, and/or menu utilities, whether in database form or dynamically driven. Background Technology does not include any Customer Content. Customer may not duplicate or distribute any Background Technology to any third party without the prior written consent of BFITS. All rights to the Background Technology not expressly granted to Customer hereunder are retained by BFITS. Without limiting the foregoing, Customer agrees not to reverse-engineer, reverse-assemble, decompile, or otherwise attempt to derive any source code of the Background Technology, except as allowed by law.

D) Digital Millennium Copyright Act: Customer agrees not to use BFITS Services or equipment in violation of the copyrights, trademarks, patents, or trade secrets of third parties, nor shall Customer utilize BFITS Services or equipment to publish such materials in a manner that would expose them to public view in violation of the law. All third-party takedown requests, wherein aggrieved parties ask BFITS to remove Customer Content claimed to infringe intellectual property rights will be addressed in accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”) (17 U.S.C. § 512, et seq.) and other applicable trademark, copyright, patent and/or other intellectual property laws. Aggrieved third parties should notify BFITS of their claim by using the “Contact Us” option on our website, and include information such as IP address or URL of the infringing content as well as any other information to help BFITS verify the third-party allegation.

E) Customer IP Duties: Customer affirmatively represents, agrees, and warrants to maintain at all times the necessary intellectual property rights, including, but not limited to, all copyrights, trademark and/or servicemark rights and rights of publicity, both in the United States and throughout the world, to reproduce and disseminate, via the Internet, Customer Content or content which you otherwise promote, advertise, disseminate and/or distribute to anyone by your direct or indirect use of BFITS Services or equipment, prior to and at all periods during the time that such materials are promoted, advertised, disseminated or distributed through any direct or indirect use of BFITS Services or equipment.

F) Suspension/Termination: BFITS may Suspend performance under or Terminate this Agreement, cease transmission of data associated with your domain name immediately and without notice, permanently remove your data from any BFITS equipment, and take any other actions it deems necessary, in its sole discretion, immediately and without notice, to comply with relevant laws if it is informed or otherwise believes, in its sole discretion, that Customer Cont