Use of services and/or products provided by Boss Creative constitutes acceptance and agreement of Boss Creative’s AUP (Acceptable Use Policy), TOS (Terms of Service) and SLA (Service Level Agreement). From here within this TOS, AUP and SLA, the usage of “us” “we” “our” or “ours” shall constitute reference to Boss Creative, the company and any affiliated sites run or administered by Boss Creative The usage of “you” “your” “they” or “them” shall refer to the client/customer of Boss Creative
ACCEPTANCE OF CONTRACTUAL AGREEMENT:
Client agrees that by placing an order, either by electronic ordering (web order form) or submission of a written contract, and receipt of such order by Boss Creative that you are agreeing to our TOS, AUP and SLA. No modification of said contract by the customer is allowed.
Boss Creative will provide and customer will purchase and pay for the services and service fees specified in the order for the applicable service description. Customer acknowledges that the service and service fees have been communicated to the customer and that they are aware of all applicable charges as per the contract, AUP, SLA and TOS. Customer also understands that any promotional offers, unless specified in contractual terms, will not be applicable to their individual service.
Boss Creative Hosting is intended for “normal” website usage. Client agrees that they will not be using any of their email accounts to send out more than 250 emails within any 24 hours period (a penalty of up to $1,000 per incidence may be billed to you in the event of exceeding this email limit per outbox/smtp account). Client also agrees that website hosting services will not be used for services, such as, but not limited to, web drives, spamming, outsourced email (reselling or giving away email addresses), file sharing, reselling in general, video file streaming or storage, audio file streaming or storage, and other misc. activities that should otherwise not be placed in a shared hosting environment as determined by Boss Creative staff. For web services requiring dedicated servers, please request a personalized quote.
ITEMS THAT MAY NOT BE POSTED ON OUR NETWORK:
In no form is sexually explicit or violent content allowed to reside on Boss Creative’s servers. Basically, anything offensive or otherwise not widely accepted by the general public will not be allowed. We are a family oriented company and do not want questionable content on our servers. Also, our servers are designed for fast web hosting, and by contrast are not designed for FTP drive access or system backups which use a large amount of system resources. Any account using the servers for data backups will be suspended or banned at Boss Creative’s discretion. We also reserve the right to suspend or ban any client that we feel is violating our content policies. Also, Boss Creative will not tolerate any illegally posted materials on our network. These include, but may not be limited to:
ALL / Any related content to pornography
Credit Card Fraud Information
Copyrighted media, including but not limited to: video, music, TV and radio
If you find any of the above material hosted on one of our web servers, please report it to email@example.com. Boss Creative reserves the right to refuse service to anyone at any time for any reason. Additionally, we reserve the right to ban the use of applications which allow the proliferation of unsolicited email from our network or which decrease the performance of our servers thus bearing on the quality of service we may provide to other customers. At least 90% of your web pages must be linked with web files stored on Boss Creative’s server. Web sites that are found to contain either/or no html documents or a large number of unlinked files are subject to file deletion or account suspension at the discretion of Boss Creative management, with or without prior notice. Your account gives you access and use of Boss Creative’s e-mail service. This does not mean that you may use such to send unsolicited bulk e-mail or unsolicited communications. You may not use the user directory or any other area of Boss Creative’s servers to harvest or collect information, including e-mail addresses and the use of such information for the purpose of sending unsolicited bulk e-mail is strictly prohibited.
This is the total time in a calendar month that Boss Creative’s network is available through the internet, provided that the customer has established connectivity. Boss Creative takes responsibility for network availability within our network, however, we cannot be held liable for upstream problems outside of our network. While we try to maintain 99% uptimes, there are times when problems can occur outside of our control. In addition to these unexpected issues, periodic maintenance and security updates may make server access unavailable at certain times. These outages are typically brief in nature as we try to do maintenance during times that will affect the fewest number of our customers.
NETWORK OUTAGES OR UNSCHEDULED DOWNTIME:
This is any unplanned or unscheduled interruption in service availability during which the customer is unable to access the services as described in the section titled “Network Uptime” above. A network outage is defined as a period in which 100% packet loss to our network is experienced, which is determined to have been caused by a problem in Boss Creative’s network as confirmed by Boss Creative Downtime or outages are measured as the total length of time of the unplanned interruption in service availability in a calendar month. Scheduled Downtime is any Boss Creative scheduled interruption of services for the purpose of network upgrades or replacement of any equipment in order to provide you with better service.
SLA NETWORK VIOLATIONS:
Performance credit exclusions: The following are excluded from the monthly calculation of service availability: Scheduled downtime; Problems outside of Boss Creative’s network (upstream providers or client’s inbound connection) not affecting 100% loss of our network; Interruptions or failure of individual service caused by the client, their employees’ client’s customer, etc. to their service. These include inaccurate configuration, third party software, and client abuse or over utilization of resources, hacked servers, attacks, exploits, server hardware failures or other users on server to cause the server to overload which may cause downtime. We will do our best to remove such offenders immediately. Additionally, it is important to note that Boss Creative closely monitors IP addresses that attempt large numbers of unauthorized logins. As such, in an effort to protect our customers from spam, fraudulent postings and signups, Boss Creative blocks individual IP’s and certain IP ranges that are considered to be ‘high risk’.
PAYMENT AND FEES:
Establishment of service through Boss Creative is contingent upon receipt of payment from the customer to Boss Creative Subsequent payments are due on the anniversary date of the specified service period. Any additional services relative to a primary hosting account will be prorated to the primary hosting account’s recurring billing date. Any setup fees will be charged at full setup fee pricing and are applied at the time of initial request of such services unless a waiver of these fees has been established prior to the start of service. Payment is due on the date defined by the billing cycle. Returned checks will be assessed a $35.00 processing fee and service will be interrupted on accounts that reach 14 days past due. Service interruption for nonpayment is subject to a minimum $100.00 reconnect charge and a maximum of $500.00. Accounts not paid by the due date are subject to a $19.95 late fee. Accounts that are not collectable by Boss Creative will be turned over to an outside agency for collection. If your account is turned over for collection, you agree to pay the company a “processing and collection fee” of not less that fifty dollars ($50.00) nor more than two hundred dollars ($200.00).
Boss Creative may temporarily deny service or terminate this agreement upon failure of the customer to pay charges when due. Such termination or denial will not relieve the customer of responsibility for the payment of all accrued service fees or any collection fees.
All requests for canceling any service/services must be made in writing via e-mail to firstname.lastname@example.org. Your domain name and the last name on your credit card must be included in the e-mail. Additional verification may be required and will be requested by Boss Creative personnel as needed. You will be responsible for payment of ninety (90) days of service after the date of cancellation. Boss Creative reserves the right to cancel any account without notice or refund if deemed necessary.
REFUNDS AND DISPUTES:
All payments to Boss Creative are non-refundable. This includes any setup fees, hosting fees, and, without exception, any charges related to domain registration or domain related products, regardless of usage. All billing disputes must be reporting within thirty (30) days of the billing date. A disputed charge to your credit card issuer, also known as a chargeback, which, in Boss Creative’s discretion, is valid under our terms and conditions (which includes the SLA, AUP and TOS) will result in service interruption, suspension and possible termination of all products, services, and accounts associated with the cardholder. Additionally, reconnection fees to restore the desired service may be assessed as necessary. Chargebacks of any kind will result in chargeback fees being assessed to the clients account. These fees are passed on to the client from charges assessed to Boss Creative by the merchant account provider.
ACCEPTANCE OF TERMS:
If not objected to within ten (10) days of the date of this Agreement, the terms of this Agreement shall be deemed acceptable.
CLIENT HEREBY AGREES THAT ANY MATERIAL SUBMITTED FOR PUBLICATION ON PROVIDER THROUGH CLIENT’S ACCOUNT(S) WILL NOT CONTAIN ANYTHING LEADING TO AN ABUSIVE OR UNETHICAL USE OF THE WEB HOSTING PRODUCT(S) OR THE HOST SERVER(S). ABUSIVE AND UNETHICAL MATERIALS AND USES INCLUDES, BUT IS NOT LIMITED TO, PORNOGRAPHY, OBSCENITY, NUDITY, VIOLATIONS OF PRIVACY, COMPUTER VIRUSES, ANY HARASSING AND HARMFUL MATERIAL OR USES, ANY ILLEGAL ACTIVITY, OR MATERIAL ADVOCATING ILLEGAL ACTIVITY, AND ANY INFRINGEMENT OF PRIVACY OR LIBEL. Client agrees that it shall defend, indemnify, save and hold Boss Creative harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys’ fees, (“Liabilities”) asserted against Boss Creative, agents, its clients, servants, officers and employees, that may arise or result from publication or use of client’s materials, any service provided or performed or agreed to be performed or any product sold by Client, its agents, employees or assigns. Client agrees to defend, indemnify and hold harmless Boss Creative against Liabilities arising out of (i) any injury to person or property caused by any products or services sold or otherwise distributed in connection with Boss Creative’s services; (ii) any material supplied by Client infringing on the proprietary rights of a third party; (iii) copyright infringement and (iv) any defective product which Client sold on the Web Hosting.