TOS (Terms of Service)
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Terms of Service (TOS) Agreement

This Terms of Service is an agreement between Customer and, a division of Internet Clearing House, ("Agreement") and applies to Customer's account(s) with PLEASE READ THIS DOCUMENT CAREFULLY and retain it for future reference. Please note that the information contained herein is subject to change without notice. Customer agrees to periodically consult this website for changes or amendments to this Agreement. may, but is under no obligation to, provide notices of any amendment, modification or update of this Agreement via e-mail to Customers.

General Provisions
While using Services provided by you agree to the following terms and conditions.


  1. "We" "Us" "Provider" or "" refers to, a division of Internet Clearing House, and
  2. "You" "Your" "Client" or "Customer" refers to each person or entity who applies for internet service or is a designate of any one who applies for internet service with

Services Provided by will rent Internet server space ("Services") to its customers for the purpose of allowing customers to provide http internet content to the general public. The Services allow customers to maintain internet websites, receive and maintain e-mail accounts, and access web space via FTP to upload files for their websites. customers will use the provided Services in a manner consistent with all applicable State and Federal laws. will make no effort to edit, control, monitor or restrict the content of data other than as necessary to provide Services. If any of the activities referenced below are committed, may immediately terminate Customer's account(s) without notice. will be the sole and final arbiter as to what constitutes a violation of the terms and conditions of this Agreement.

Customer Use of Services

  1. Disk Space and Client Content: offers server space to its hosting and reseller hosting clients. Disk space cannot be increased. We reserve the right to not host any website that consumes more than the disk space or bandwidth coming with the hosting plan client signed up for. Each plan has a 15,000 file limit. Single domain account holders are not permitted to resell web-hosting services of their website to other parties, however, owners of the multi-domain plans ("Six-in-One" and larger) are welcome to resell. Client agrees that webpages and files uploaded to our servers will not violate any state, federal or foreign laws or regulations; infringe on any intellectual property rights of or any third party; be defamatory, slanderous or trade libelous; be threatening or harassing; be discriminatory based on gender, race, age; promote hate; or contain viruses or other computer programming defects which result in damage to or any third party. Customers may not run IRC bots or clients. Unacceptable uses of our service also include: Bulk emailing, unsolicited emailings, newsgroup spamming, copyrighted MP3s, illegal content, illegal adult content (e.g. showing minors), copyright infringement, trademark infringement, warez, cracks, or software serial numbers. will be the sole and final arbiter as to what constitutes a violation of this policy.
  2. Bandwidth Usage: offers a set amount of data transfer per hosting plan per month with a 4 GB daily limit per single-domain plan and a 10 GB daily limit for reseller plans. Bandwidth is calculated on a recurring 30 days. Sites that use over such amount will automatically be disabled. Bandwidth cannot be combined with multiple plans. We reserve the right to not host any single-domain website that consumes over 30 GB per month.
  3. Excessive Resource User Policy: Resources are defined as bandwidth and/or processor utilization. A website is considered to be using "Excessive amounts of resources" when it monopolizes the resources available by using 10% or more of system resources for longer than 60 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, PHP, FTP, HTTP, etc. A site that consumes over 2GB/day or 20 resp. 30 GB/month of bandwidth is also considered "excessive resources." This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers. We reserve the rights to suspend or terminate any hosting account that we feel is jeopardizing our network. will be the sole and final arbiter as to what constitutes a violation of this policy.
  4. MySQL: Each database has a 3 user limit, 36,000 queries/user per hour and 3,600 connections per hour.
  5. No "Spam": UCE/UBE or "Spam" originating from a account, or associated with a account, is not tolerated. This includes any e-mail that promotes web sites hosted on a account but is sent from an e-mail address not associated with that account. Client shall not use their services for chain letters, junk mail, bulk-email, or any use of distribution lists to any person who has not given specific permission to be included in such a process. reserves the right to deactivate or terminate any account(s) upon any indication of such activity without notice. There will be a €120 clean up fee if an account was suspended for policy violation. There is a 2000 Email limit that can be sent out within a 24 hour period.
  6. False Information: False Information. Client agrees not to post false or inaccurate information to news groups in violation of the news groups' rules and regulations. If any news groups or service providers contact concerning unethical, false or unlawful activities by you, reserves the right to terminate your service without notice.
  7. Licensed Software Only: Client agrees to use only properly licensed third party software in connection with Client's use of the Services.
  8. Back-Up Files: will make every reasonable effort to protect and backup data for Client on a regular basis, however does not guarantee the existence, accuracy, or regularity of its backup services and, therefore, client is solely responsible for independent backup of data stored on Providers server and network. There is a one time fee of €100 for our Administrator to retreive client's individual back-up files.
  9. 99.9% Uptime: has a 99.9% average uptime across our entire network at large, which includes webservers, mailservers, and more - as a whole. If a single server is temporarily offline, the rest of the servers remain unaffected and uninterrupted, thus contributing to our overall uptime.
  10. Domain Name Registration: uses eNom and for domain name registration. There is an annual fee for new domain name registrations and for transfers. (Domains do not need to be transferred to our registrar for the sites to be hosted with

Right to Refuse Service
At its sole discretion, has the right to refuse any and all service or services to any applicant, customer, client whether it be an individual or legal entity.

Payment Obligations, Renewals, and Cancellations

  1. Payment Obligations: Full payment is required in advance, before hosting service is established. You grant the right to debit the credit card or bank account via our online billing services 2CheckOut, SWREG, or PaySystems, depending on the form or payment and currency you choose to pay in. You will be billed until the service is cancelled by you in writing (e-mail or FAX) or is cancelled by according to terms of this Agreement. You warrant and represent that the information you supply in the Order Form (or other information that may require) is accurate and truthful. All payment-due notices will be send by electronic mail by 2CheckOut, SWREG, or PaySystems. No bills or invoices will be sent by postal mail or FAX. If payment was not received by the renewal date, your account will be suspended within 7 days after payment due date. Any suspended account will be terminated within 15 days after payment due date if no payment is received within this time.
  2. Renewals: Your account will be automatically renewed under the same time and fee structure unless you give written notice to two (2) days before the renewal date that you do not wish to renew such account.
  3. Cancellation: You may cancel at anytime. If you cancel before the first 30 days, please refer to the details under "Limited 30-day Money Back Guarantee." If you cancel after the first 30 days from the opening of your account, you will be obligated to pay all fees and charges accrued prior to the effectiveness of the cancellation. will refund to you the prepaid fees for basic hosting for the full months remaining after effectiveness of cancellation, less any prior fees and charges, and an early cancellation fee of 20. All cancellations must be received in writing as per the deadlines indicated by e-mail or FAX. Cancellations will be processed by our staff on a daily basis.

Limited 30-day Money Back Guarantee
If you are not completely satisfied with our services within the first 30 days from the opening of the account, you will be given a full refund on your hosting fee excluding setup fees and additional services. If paid by credit card, refunds will be issued to the original credit card provided at the time of purchase. If your account has been cancelled by us due to a breach of the terms and conditions on your part, you will not be eligible for a refund. Domain name registration is non-refundable.

Disclaimer of Warranty
You agree to use the Services and any information obtained through or from at your own risk. You acknowledge and agree that exercises no control over, and accepts no responsibility for, the content of information passing through's host computers, network hubs, points of presence or the internet. THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN AS IS, AS AVAILABLE BASIS. MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICES IT PROVIDES. MAKES NO WARRANTIES THAT THE SERVICES WILL NOT BE INTERRUPTED OR ERROR-FREE OR THAT ANY RESULTS OBTAINED FROM THE USE OF SERVICES IS ACCURATE AND RELIABLE. EXPRESSLY DISCLAIMS ANY LIABILITY FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM CUSTOMER OR STORED BY CUSTOMER OR ANY OF CUSTOMER'S CUSTOMERS VIA THE SERVICES PROVIDED BY NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ANY PERSON WILL CREATE ANY WARRANTY OR MAY YOU RELY ON SUCH INFORMATION OR ADVICE. The terms of this Section will survive any termination of this Agreement. is not responsible for any interruption in service or down time that may occur, whether due to external network disruptions or negligence of This includes loss of data resulting from delays, non-deliveries, wrong delivery, equipment failure and any and all other service interruptions caused by

Limitation of Liability
You agree that will not be responsible for any losses that may incur where Services are accessed by third-parties through illegal or otherwise unauthorized means, including but not limited to situations where data is accessed through the exploitation of security gaps, weaknesses or flaws (whether known or unknown to at the time) which may exist in the Services or in's equipment used to provide the Services.

Under no circumstances will be liable for any consequential, indirect, incidental, special or punitive damages, or loss of profits, revenue, data or use by Customer, any of its customers, or of any other third party, whether in an action in contract or tort or strict liability or other legal theory. will not be liable to Customer, any of its customers, or any other third party, for any loss or damages that result or are alleged to have resulted from the use of or inability to use the Services, or that results from mistakes, omissions, interruptions, deletion of files, loss of data, errors, viruses, defects, delays in operations, or transmission or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to's records, programs, equipment or services.

Notwithstanding anything to the contrary in this Agreement,'s maximum liability under this Agreement for all damages, losses, costs and causes of actions from any and all claims (whether in contract, tort, including negligence, quasi-contract, statutory or otherwise) will not exceed the actual dollar amount paid by Customer for the Services which gave rise to such damages, losses and causes of actions during the 12-month period prior to the date the damage or loss occurred or the cause of action arose.

This limitation of liability reflects an informed, voluntary allocation between the parties of the risks (known and unknown) that may exist in connection with this Agreement. The terms of this Section will survive any termination of this Agreement.

Customer agrees to indemnify, defend and hold harmless, its officers, directors, employees, shareholders and agents from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney's fees) threatened, asserted, or filed by a third party arising out of or relating to (i) Customer's use of the Services, (ii) any breach by Customer of this Agreement, or (iii) any acts or omissions of Customer. The terms of this Section will survive any termination of this Agreement.

Force Majeure will not be liable for failure or delay in performing it obligations if such failure or delay is due to circumstances beyond its reasonable control, including but not limited to acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for provision of the Services.

Disclosure of Customer Information and Legal Process
Although maintains strict confidentiality on Customer's information, there are certain exceptions in which may disclose information in its possession, including but not limited to information about the Customer's internet transmissions and website activity in order to comply with court order, subpoena, discovery request, warrant, statute, regulation or official governmental requests. has no obligation to notify Customer about whom the information is sought or that has provided the information. Customer acknowledges the above exceptions and agrees to them without reservation.

Governing Law; Jurisdiction; Arbitration
In the event of recourse to legal action, both parties agree to submit to personal jurisdiction in the state of BASIC Network Corp.'s incorporation, and the agreement shall be governed by the law of that state. An award rendered in connection with arbitration pursuant to this Section shall be final and binding upon the parties. The parties agree that the award of the arbitral tribunal will be the sole and exclusive remedy between them regarding any and all claims and counterclaims between them with respect to the subject matter of the arbitrated dispute. The terms of this Section will survive any termination of this Agreement.

Customer will not have the right to assign this Agreement without the prior written consent of

Entire Agreement; Severability
This Agreement represents the entire agreement between the parties, and supersedes all previous representations, understandings or agreements. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of this Agreement will remain in full force and effect.

Customer hereby represents that he, she or it, is either an individual entering this Agreement for his or her personal use and is over 18 years of age, or is a corporation other legal corporate entity, duly organized, validly existing and in good standing under the laws of the state of its organization and the person acting on behalf of Customer is duly authorized to accept, execute and deliver this Agreement on behalf of Customer.


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