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Terms of Service and Conditions

INTRODUCTION

These Terms and Conditions are binding on all subscribers to Better Hosting services, including but not limited to Better Hosting Internet Solutions websites http://betterhosting.biz, e-mail, web design web hosting, domain registration, domain hosting, constitute a contract between Better Hosting and each Subscriber. The following terms shall have the following meanings, unless the context otherwise requires:

"Better Hosting" or "We" refers to Better Hosting Internet Solutions Ltd., its subsidiaries and affiliates.

"Contents" refers to any software, content, data, information or other material that is accessible by or through using Better Hosting Services including, but without limitation to, all electronic mail and other messages and all textual, audio, video, still image, graphical and other content;

"Content Provider" means any third party providing Content and/or who operating services accessible by or through using Better Hosting Services;

"Login ID" means any personal identifier(s) issued by Better Hosting to the Subscriber to gain access to all or any of the Better Hosting Services;

"Charges" means any applicable charges from time to time including, without limitation, monthly fee, storage charges and other connect time charges, access charges, handling charges, and other fees and charges as may be charged from time to time, for or relating to the Subscriber's use (and/or any other person's use of the Services by using the Subscriber's Login ID and/or password) of the Services;

"Password" means any password issued by Better Hosting to the Subscriber, which enables access to all or any of the Services;

"Services" means those e-mail, web design, web hosting, domain registration, E-Commerce, Shopping Cart provided by Better Hosting

You are accepting the terms of this Agreement by useing the Services.

1.0 Use of Services

1.1 You must ensure that your activity while using the Services does not improperly restrict, inhibit or degrade any other Subscriber's use of the Services, nor represent (in the sole judgment of Better Hosting) an unusually large burden on the network itself, such as, but not limited to, peer to peer file sharing programs, serving streaming video or audio, mail, http, ftp, chat rooms, and multi-user interactive forums.

Better Hosting reserves the right to set specific limits for bandwidth usage and charge for excessive bandwidth usage at any time. In addition, you must ensure that your activities do not improperly restrict, disrupt, inhibit, degrade or impede Better Hosting's ability to deliver the Services and monitor the Services, backbone, network nodes, and/or other network services.

Specifically Unlimited Data Transfer offer is not provided to the below situations:

a) Amended

b) Copyrighted Materials Better Hosting does not permit Subscriber to host third party copyrighted materials without appropriate permission and/or illegal materials, including but not limited to text, audio and video clips. Better Hosting reserves the right to terminate the Subscriber's account and charge the Subscriber $12/GB/month should we notice that the Subscriber is conducting the stated activities with our Service;

c) Medium/Large Scale Streaming Better Hosting does not permit Subscriber to stream audio/video files which attracts so many concurrent users on shared hosting platform. In addition each media clip is restricted to a maximum of 2 megabytes on shared hosting platform. Streaming media would degrade the overall server and network performance and will directly affect other clients on the same server. One must consider to use our dedicated hosting service for medium or large scale of streaming;

d) Better Hosting does not provide Unlimited Data Transfer to our dedicated server hosting and server co-location clients.

1.2 The Subscriber is not permitted to distribute material promoting hatred against individuals or groups or any Content which is deemed illegal under the laws of Canada or any copyrights laws. Better Hosting reserves the right to decline requests for web space rentals and to cancel any account at our discretion.

2.0 Copyright Violations

2.1 Our website designs (including Site2Go website templates), promotion materials and programming are copyrighted to Better Hosting and its licensors. Any redistribution or republication of any of our designs and programming scripts are strictly prohibited. The Subscriber agrees that no one except Better Hosting could modify, alter or remove any designs and programming scripts that are created by Better Hosting. The Subscriber should not publish, post or transfer any of our designs or programming scripts to other companies. Better Hosting reserves the right to modify, alter or remove any of our designs and programming scripts anytime at Better Hosting's discretion.

3.0 Spamming & Network Abuse

3.1 The Subscriber will not hack, break into, access or use or attempt to hack, break into, access or use any part of the Services, its content and/or any data areas on Better Hosting's server(s) for which the Subscriber has not been authorized by Better Hosting.

3.2 The Subscriber is not permitted to distribute material promoting any form of network and server abuse, such as bulk spam mailers, sniffers, or hacking tools. In addition, hosting picture/video posting forum with sexual content is prohibited.

The subscriber is also not permitted to host any script/file/media clip or to perform email broadcasting which is consuming huge CPU, memory and/or bandwidth resources. Better Hosting reserves the right to disable any Subscriber's script/file/media clip/email account/website without prior notice should we find that the Subscriber is causing Better Hosting serious technical and/or bandwidth difficulties.

3.3 The Subscriber should not use the Services to circulate, publish, transmit, distribute, or any unsolicited promotional information or any content that is seditious, obscene, defamatory, indecent, threatening, offensive, liable to incite racial hatred, discriminatory, menacing or in breach of confidence. Better Hosting exercises no control whatsoever over the Content passing through the Services.

3.4 The Subscriber are prohibited from advertising, promoting or making claims related to services which are hosted upon infrastructure at betterhosting.biz. This limitation includes what is allowed to be stated on your website, to customers, in promotions and in advertising materials. This limitation applies to claims by the client which relate to services hosted by betterhosting.biz.

The Subscriber are prohibited to DDOS Mitigation or any related service including, but not limited to, proxy protection, denial of service protection, denial of service mitigation or ddos or dos services.

The Subscriber are prohibited to host any illegal or unlawful activity

The Subscriber are prohibited for any services intended to defraud, scam, defame, coerce or entice others into an unlawful activities.

4.0 Viruses and Other Destructive Activities

4.1 Use of Better Hosting's services or equipment for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any customer to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use Better Hosting's services and equipment (or any connected network, system, service or equipment) or conduct their business over the Internet.

5.0 Enforcement

5.1 Better Hosting reserves the right at all times to deactivate all or any of the Services thereof with a at least 8 hours advance notice to carry out system maintenance, upgrading, testing and/or repairs. No credit or refund is available in respect of any time when all or any of the services is down or suspended.

5.2 Better Hosting reserves the rights to expand or reduce the Services, amend the Charges or introduce new charges payable by the Subscriber, amend any of the terms and conditions of this Agreement, alter, modify and/or delete any of the Services without prior notice to Subscriber.

5.3 Better Hosting may suspend or terminate this Agreement and/or the provision of the Services without notice and without limiting any other remedies available to Better Hosting if any of the following events should occur: The Subscriber's balance remains unpaid 5 days after the invoice date The Subscriber becomes the subject of bankruptcy, winding up or receivership proceedings; or The Subscriber permits outstanding charges to exceed the credit limit established from time to time by Better Hosting; or The Subscriber is in breach of any terms of this Agreement.

5.4 Better Hosting may terminate this Agreement and the Subscriber's access to the Services at any time if the Subscriber breaches any terms of this Agreement or if the Subscriber's use of or actions in connection with the use of the Services is/are inappropriate, in Better Hosting's sole opinion, with the continued use of and/or subscription to Better Hosting. The Subscriber may request Better Hosting to cancel the Services provide at any time by giving 30 days written notice, provided that all accrued charges as of the actual cancellation shall be due and payable. Upon the termination of the provision of the Services by Better Hosting, Better Hosting will cease to provide to the Subscriber access to the Services and all licenses and other rights and privileges granted to the Subscriber. All payments (including any setup fees and/or administration fees) previously made by the Subscriber will not be refunded.

6.0 Warranty; Warranty Disclaimer

6.1 Better Hosting makes no warranties of any kind, whether expressed or implied, for the Services it is providing and disclaims any responsibility for the accuracy or quality of information obtained through its Services. Better Hosting will not be responsible for any damage Subscriber suffers from use of the Services. This includes loss of data resulting from delays, non-deliveries or service interruptions caused by its own negligence or Subscriber errors or omissions, or due to inadvertent release or disclosure of information sent by Subscriber. The Subscriber should always maintain a good backup copy of their website files, databases and emails at all times.

7.0 Limitation & Exclusion of Liability

7.1 Better Hosting guarantees 100% network uptime and 99.5% server uptime. Network uptime guarantee does not cover outages due to scheduled or emergency network and/or facility maintenance, which will be broadcast to all customers in advance via email, and will not exceed 60 minutes per month. Server uptime guarantee does not pertain to scheduled or emergency server maintenance, unexpected operating system and hardware failures. In order to accomplish 100% network uptime and 99.5% server uptime, Better Hosting has carried out the following:

a) All network connections make use of Cisco's Hot Standby Router Protocol (HSRP)

b) Multiple upstream providers

c) Fully redundant OCn internal backbone network

d) All network devices and server parts have onsite spares

e) All key network components, mail and web servers are monitored 24/7

f) UPS and diesel generator power are in place to prevent power failures

7.2 Better Hosting expressly disclaims any liability for (i) any damage to or loss of data arising from the Subscriber's use of the Services; (ii) any claim based in contract, tort, or otherwise for any direct or indirect loss of revenue, profits or any consequential loss whether of an economic nature or any such loss which the Subscriber suffers as a result of any error, inaccuracy or computer virus in or introduced into the Subscriber computer system by, through or in connection with the Subscriber uses of the Services or the Software; (iii) any claim relating to the Services and/or any Content supplied, provided, sold or made available by or through the Services (or any failure or delay to so supply, provide, sell or make available); (iv) any disruption or suspension of the Services or any part thereof which is attributable to an event or circumstance beyond Better Hosting's control ("Force Majeure Event"). A Force Majeure Event includes but is not limited to acts of God, war, civil disobedience, explosion, fire, flood, governmental action, legislation not in force at the time of this Agreement, restraints imposed by government or any other regulatory authorities, labour disputes, trade disputes or delays of third parties (other than subcontractors) over which Better Hosting has no control.

8.0 Indemnification

8.1 The Subscriber hereby agrees to indemnify and to keep Better Hosting fully and effectively indemnified against any action, liability, cost, claim, loss, damage, proceeding, expense suffered or incurred by Better Hosting arising from or which is directly or indirectly related to: the Subscriber's use and any other persons use of the Services where such person was able to access Better Hosting by using the Subscriber Login ID and/or Password, including but not limited to claims for defamation, infringement of copyright or any other intellectual property rights; and/or any breach or non-observance of any provision hereunder by the Subscriber or any other person where such person was able to access the Services by using the Subscriber Login ID and/or Password.

9.0 Payment for Services

9.1 "30-day Money Back Guarantee" is offered to selected Better Hostings hosting plans. Within the 30 day of the initial hosting service, Subscriber under "30-day Money Back Guarantee" can send a written request (either by fax or email) to request a refund of the hosting fee. Should the Subscriber wants to cancel the service, Better Hosting will refund the hosting fee previously paid by the Subscriber minus Canadian $15 administration fee minus any applicable cheque charges and minus any promotional benefits (ex. Free Domain). After the account has been active for 30 days, Better Hosting will provide partial refund of the hosting fee which deduct the following items: (Canadian $15 administration fee, any applicable cheque charges, 3 months hosting service fee, any promotional benefits). No full or partial amount will be issued back to Subscriber should hosting account has been activated for or over the 30 day period* or to a renewed account. *30-days money back guarantee is only offered to new Subscriber only. Subscriber who has not subscribed to our service for the past 48 calendar months is considered as new Subscriber.

9.2 Invoices are due on the date specified on the invoice. Interest will accrue on unpaid amounts as and from 30 days after the invoice date at the rate of 2.0% per month, or such other rate as we may determine from time to time. Payment shall be made by credit card (Visa, MasterCard and American Express) or pre-authorized payment. Should a payment be rejected by your financial institution for any reason, the Subscriber will be charged a fee of Canadian $25.00 if the client is willing to pay within 5 business days of such incident occurs . Penalty charge will increase by $25.00 per 5 business days should payment cannot be received within the specified period.

9.3 In the event that the Subscriber wants to restore a suspended account due to expiration, late payment, NSF, chargeback, or poor credit history, there may be a minimum Canadian $25.00-50.00 service restoration charge on top of any chargeback fees, owing balances and interests.