Terms of Service

Introduction

YourBizHelp.com, like many businesses providing internet services, has strong reservations about acting as arbitrary censor upon the activities of its customers. That said, in today's legally vicarious online world, we have to make policy against content and user activity that places us under unnecessary duress and culpability:

This document is provided as a quick reference and explanatory guide to our policies. The language contained within is not to be construed as legally binding; merely as descriptive guide of the contents of the fully-worded service agreement document.

Safelists

These types of sites use a great deal of resources and can't be supported through our website Hosting programs.  We DO support incoming safelist mail to our customer's mailboxes.

Site Content

Adult Content

YourBizHelp.com is not in the business of censorship, but our policy regarding adult sites is based on the content of the site, not by any prudish desire to keep the internet G-rated.  Sites that portray violence against any race or gender will not be allowed. Feel free to contact us with your sites URL support@yourbizhelp.com if you are unsure whether your site violates this policy. We reserve the right to refuse or cancel service to sites of this nature.  Since it is also common that adult sites will be involved in spamming to generate traffic, please review our spamming policy below.  It is quite severe and will be enforced without exception or limits. 

Illegal Content - files that violate copyright or other federal laws are grounds for instant termination of service. This expressly includes:

Copyrighted Software's ['warez']

Copyrighted Media [MP3 files of commercial recordings, etc]

Proprietary Computer information [e.g. stolen password files]

Abuse & Illegal Activities

Any incident of server abuse is grounds for immediate and unconditional account termination. Common examples of abusive practices are listed below and YourBizHelp.com reserves the right of interpretation as to what constitutes abusive practices. In short - if you are unsure that your actions may be perceived as an abuse of service, contact YourBizHelp.com directly to check with us before proceeding.

Ignorance of the consequences of your actions will not protect you from liability.

YourBizHelp.com will charge a  $200.00 site clean-up fee for any abuse of the terms listed below PLUS, ALL TIME AND RESOURCES TO TRACK AND TRACE ABUSE WILL BE BILLED AT YourBizHelp.com's $65.00 PER HOUR RATE x3 (TRIPLE DAMAGES).

Examples of, but not limited to, are:

Email abuse - Unsolicited Commercial Email ['SPAM'] is implicitly forbidden. UCE costs us time and money, and using our equipment in this way will be treated like it is - illegal theft of service. In many states, sending spam to people without their permission is a felony punishable by law now.

Trafficking of illegal content - in the same way that storing illegal content on your account is banned, likewise is the utilization of your account to traffic illegal content, by any means or method, it must not reside on nor pass through a YourBizHelp.com server.

IRC sessions - Using YourBizHelp.com servers to run an Internet Relay Chat [IRC] session is grounds for immediate termination. This includes the use of BNC and other redirection servers to indicate a source address on any YourBizHelp.com server. Running IRC from our servers makes them targets for attack. Bluntly put, you are not paying us enough to act as a human shield for your IRC wars. Don't run IRC sessions, IRC bots, IRC servers or IRC proxies. We will give no warning before terminating this activity and the account responsible.

Hacking / Denial of Service - Network activity that constitutes an attack on any internet host from a YourBizHelp.com server is grounds for immediate termination & likely prosecution. In short - don't do it, because we wont stand by and watch it happen.


User Processes

Excessive resource usage - cgi scripts or other executable code that consumes an undue amount of CPU time [more than 10 minutes per hour of CPU time] will be reprioritized if possible, or we will ask you to discontinue its use either permanently or the script is altered by yourself or third party to operate in a less resource-hungry manner. Failure to cease operator of the offending executable will be considered as server abuse.

Background processes - background process [that is, application or utilities that are started from within an interactive shell login, and se to run permanently in the background on a server] are not to be initiated without prior arrangement with use. Generally, we accept background processes, so long as they do not openly break one of our other policies - we do however reserve our right to examine all code before it runs on our hardware.

Compiling - User rights to access compiler software is available upon request and arrangement. Once again, we choose to examine any code that is compiled and executed from our hardware. If you need access to the CP compiler, please contact us describing your need for access.


Support Restrictions

Areas we do not support - YourBizHelp.com will make efforts to support information for configuring popular network/web software to use internet services. However we can in no way specifically test every piece of software that could conceivably be utilized with our systems, only provide general system-related information.

The offer of any particular service does not constitute an obligation on YourBizHelp.com's part to tutor the necessary skills to utilize that service, only to provide system-specific information. 

Domain/DNS problems - in many situations, problems with domain names/DNS issues are NOT directly the responsibility of YourBizHelp.com. DNS is a cooperative system and works solely because the parties involved in running the system agree to cooperate in the furtherance of the DNS/domain system. We will do our best to isolate the source of the problem at hand, however unless this source is hardware directly under the control of YourBizHelp.com, then the task of acquiring a solution will fall back into your hands. YourBizHelp.com will advise when requested, but rarely intermediate in domain issues not directly related to the operation of one of our DNS servers.


Payment Policies

All accounts are set up on a pre-pay basis.  YourBizHelp.com reserves the right to change prices at any time, unless other terms have been agreed upon. Any account not brought current within a week (7 days) of e-mail notice or exceeding this time frame in any way is subject to suspension. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies YourBizHelp.com at support@yourbizhelp.com to request for termination of services. All payment is in U.S. currency. 

Cancellation

YourBizHelp.com reserves the right to cancel service at any time. All fees paid in advance of cancellation will be forfeited if YourBizHelp.com institutes it's right of cancellation. Any violation of policies which results in extra costs will be billed to the customer (i.e. transfer, space, spamming, etc...)

Lawful Purpose

YourBizHelp.com reserves the right to refuse service to anyone. Customers may only use YourBizHelp.com server for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. The designation of any materials as such described above is left entirely to the discretion of YourBizHelp.com management. Regardless of the place of signing this agreement, the client agrees that for purposes of venue this contract was entered into in Montgomery County,  Ohio, and any dispute will be litigated or arbitrated in Montgomery County, Ohio.

Indemnification

CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD YourBizHelp.com  HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST YourBizHelp.com, ITS AGENTS, ITS CUSTOMERS, OFFICERS AND EMPLOYEES, THAT MAY ARISE OR RESULT FROM ANY SERVICE PROVIDED OR PERFORMED OR AGREED TO BE PERFORMED OR ANY PRODUCT SOLD BY CUSTOMER, IT'S AGENTS, EMPLOYEES OR ASSIGNS. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS YourBizHelp.com AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH YourBizHelp.com SERVER; (2) ANY MATERIAL SUPPLIED BY CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY; ( 3) COPYRIGHT INFRINGEMENT AND (4) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM A YourBizHelp.com SERVER.

Disclaimer


YourBizHelp.com WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. YourBizHelp.com MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. YourBizHelp.com DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY YourBizHelp.com AND ITS EMPLOYEES. YourBizHelp.com RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME.

ALL SUB-NETWORKS, RESELLERS AND DEDICATED SERVERS OF YourBizHelp.com MUST ADHERE TO THE ABOVE POLICIES.

FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT DEACTIVATION WITHOUT REFUND.


Intellectual Property Rights

Material accessible to you through YourBizHelp.com services may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use YourBizHelp.com or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the YourBizHelp.com network. If you use a domain name in connection with YourBizHelp.com or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.


Network Security

Customers may not use the YourBizHelp.com network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. YourBizHelp.com will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.

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