Terms and Conditions

Hosting, DNS, SQL, E-mail, Backup services:
BetterHost general policy is to act as a neutral provider of hosting services to the global Internet. BetterHost reserves the right to suspend or cancel a customer's access to any or all services provided by BetterHost when BetterHost decides that the account has been inappropriately used.

Lawful Purpose:
BetterHost reserves the right to refuse service to anyone. Customers may only use BetterHost machines and network 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 BetterHost management.
BetterHost will strongly react to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include "social engineering" (tricking other people into releasing their passwords), password cracking, security hole scanning etc. Any unauthorized use of accounts or computers by a BetterHost customer, whether or not the attacked account or computer belongs to BetterHost, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, according to the seriousness of the attack.

Server Use:
BetterHost Web sites are to be used by the primary owner only. Customers are not permitted to sub host including reselling, storing, or giving away web hosting services off of their web site to other parties. Sub hosting is defined as allowing a separate, third party to host content on the owner's web site. Exceptions  include ad banners, classified ads, and personal ads. BetterHost expressly forbids any server use for distribution, storing, processing, linking to or otherwise handling in any way the following: BetterHost enforces a strict anti-spam policy, clients found to be spamming can have their account cancelled without question. Spam is defined as any unsolicited emailing. This includes discs sold on the web as mailing lists which are nothing more than harvested names.
Illegal Material - This includes copyrighted works, commercial audio, video, or music files, and any material in violation of any Federal, State or Local regulation.
Adult Material - Includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of "adult material" is left entirely to the discretion of BetterHost.
Warez, et. al. - Includes pirated software, ROMS, emulators, phreaking, hacking, password cracking. IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide "links to" or "how to" information about such material.
All content on BetterHost servers must be related directly to and linkable from your web site. BetterHost disk space is not to be used for storage or backups of any kind.  Archiving software and/or creating backup web sites on BetterHost servers is not permitted.

Payment Policy:
All accounts are set up on a prepaid basis. Setup fees are charged for all new accounts and major accounts changes and are non-refundable. All pricing is guaranteed for the term of prepayment. BetterHost reserves the right to change prices at any time. Any cancellations or modifications in services included in a Special invalidate the Special price. Payment is due each anniversary month or period following the date the account was established. Any account not brought current within a week of email notice or exceeding this time frame in any way is subject to suspension. Service fees will accrue during any period of 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 BetterHost in writing of a request for termination of services. Checks returned unpaid (NSF) will be assessed a $50 charge. All payments are in U.S. currency.
If there are any billing discrepancies, it is the responsibility of the client to bring them to the attention of BetterHost. Due to the fact we are an internet based company, and have clients world-wide, we have chosen email invoicing via QuickBooks as our billing solution. By doing so, we are able to maintain a lower cost across the board by eliminating the time involved as well as the paper, printing material, postage and postage material. Any invoice that needs to be printed can be done so through the website, or through the email. Both are completely legal documents. In the event an email invoice is not acceptable for the client, BetterHost, Inc reserves the right to impose an additional charge for recovery of these costs. Such fee shall not be less than 10% of any single website for a single month; nor shall it exceed 13% of any single website for a single month. These additional fees will be imposed for the duration of the postal mailed invoices.

Cancellation:
BetterHost reserves the right to cancel service at any time. All fees paid in advance of cancellation will be prorated and paid by BetterHost if BetterHost institutes its right of cancellation. If cancellation is caused by customers’ violation of these policies, then no refund is due. Customers can cancel service any time upon 30 day advanced notification via email or postal mail. The customer is responsible for all money owed on the account from the time it was established to the time that the customer receives confirmation by email that their cancellation request by letter, fax or via online form, has been received and processed.  If an account is in arrearage, BetterHost reserves the right to claim any and all files as well as any and all domain names, as their own property, until the time such arrearage is paid in full.  Once any arrearage is paid in full, BetterHost will release said property.

Indemnification:
Our filtered mail can help protect you against new virus attacks, before your anti-virus software can detect them! It also includes pre-scanning, allowing you to scan much more E-mail (by eliminating the need to scan safe HTML E-mails that would normally need to be scanned, yet still scanning potentially dangerous HTML E-mails). The systems we have in place are recommended for over 1,000 users and/or over 20,000 E-mails/day We offer true Enterprise mail service any mail server requiring the highest level of virus protection. Your mail is opened by the software inspected for potentially dangerous strings are trapped even before the mail has a chance to enter your system. Also from a business standpoint this should be a standard. All inbound and outbound mail is scanned to avoid someone in your organization from unwilling sending such an email. We actually scan each mail with Three different Virus Software applications which are updated automatically. If you are serious about security and who isn't you must know that the way the hackers come in is on the trail of something legitimate. Mail is the one place that is the hardest to secure. Most Trojans are actually inserted using emails. After all what good is a firewall that must allow email to pass through it?

Disclaimer:
BetterHost will not be responsible for any damages customers or their enterprises may suffer. BetterHost makes no warranties of any kind, expressed or implied for services we provide. BetterHost disclaims any warranty or merchantability or fitness for a particular purpose. The includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by BetterHost and its employees. BetterHost reserves the right to revise its policies at any time.

BetterHost Client Policies Defined :
The services provided for under this agreement shall begin on the creation date of your account and will remain in effect as long as your account is active. Client will be responsible for payment in advance of service provided. All accounts will be billed on a fixed monthly basis (beginning and ending the first and last days of the calendar month) or on one of the pre-paid plans.

Once the client approves of and pays for any outstanding balances owed for work done, the work (design, scripts, databases, programming, etc.) becomes the property of the client. Both parties agree to accept electronic mail as legally binding documentation for billing and notification purposes. All invoices are due and payable upon receipt. Failure to pay any amount due within thirty (30) days of the due date shall constitute sufficient grounds for termination of service without notice.

All returned checks are subject to a $50.00 fee for each time they are returned by your bank. Accounts may be terminated if bad checks are not paid within fifteen (15) days.

BetterHost reserves the right to change the rates and otherwise modify this notice upon thirty-(30) days notice to you. Use of BetterHost Internet Service after the effective date constitutes acceptance of the new terms and conditions/service agreement.

BetterHost Internet Services are provided on an as is basis. These services are provided without warranty of any kind, expressed or implied, including programming services, database services, any software or material provided to the client, or any other type of service offered.

In no event will BetterHost be liable for any direct, indirect, incidental, or consequential damages, including but not limited to, loss of data resulting from delays, non-deliveries, or service interruptions caused by BetterHost or by your own errors and/or omissions or by an act of God. Client is responsible for implementing sufficient procedures and checkpoints to satisfy its requirements for accuracy and security of data and access codes. Although BetterHost routinely backs up it's clients data, the client is also responsible for maintaining a means external to BetterHost for archiving any data critical to the client.

Client agrees to protect and treat as confidential all passwords, user names, and proprietary information provided by BetterHost for access to its systems. Sharing of names/accounts is expressly forbidden. If a client believes their user name or password has been compromised, immediate email or written notification must be provided to BetterHost Client will be held responsible for all acts/communications initiated or authorized by its user name.

BetterHost Internet Service may only be used for lawful purposes. Transmission or storage of any material in violation of any US state law or regulation is prohibited. This is included, but not limited to, copyright material, material legally judged to be threatening or obscene or material protected by trade secret. The client agrees to indemnify and hold harmless BetterHost, from any claims resulting from clients' use of the service.

Any access to other networks or systems through BetterHost, must comply with the applicable rules of that service.
BetterHost specifically denies any responsibility for the accuracy or quality of information obtained though its services. Use of any information obtained via BetterHost is at your own risk. BetterHost will not be responsible for the reconstruction of any lost data, outside of that provided by and required for the operation of BetterHost itself.

BetterHost will not be responsible for service interruptions beyond its control; including but not limited to acts of nature, service interruptions by its providers, or modifications to the clients system by the client or a third party.
BetterHost reserves the right to bring the system down at any time without notice for service or system upgrades. Clients will be notified by email at least one (1) week prior to any scheduled major service/upgrades, or ASAP if less than one week.
BetterHost will not monitor or regulate the content of information or data passing through or temporarily stored on its system, except under court order or where reasonable suspicion of a legal violation exists.
BetterHost reserves the right to discontinue all or any part of the provided service at any time for any reason.
BetterHost will make a reasonable effort to respond to requests for support; however, technical support is not implied under the terms of this agreement.

These terms and conditions represent the entire agreement between you, the client, and BetterHost. These terms and conditions shall be governed and interpreted in accordance with the laws of the State of  Washington, United States of America. Client consents and submits to the jurisdiction of any state or federal court located within Spokane County Washington. Client hereby waives any right to change venue. Any claims or causes of action arising out of or related to this agreement must be initiated within one (1) year after the claim or cause of action has arisen or be barred.

Acceptable Use Policies :
This memorandum establishes operating principles and acceptable use policies as they relate to the Clients use of the Internet and the connection/services provided by BetterHost to the Client.

1) Responsibility and Respect - The Internet is a network intended for use by users that act in a mature manner. The Client recognizes this principle and undertakes at all times to act with respect, courtesy and responsible, giving due regard to the interests and rights of other Internet user groups. This general guideline carries with it the following specific responsibilities:

2) Improper Uses - The Client will avoid violation of certain generally accepted guidelines on Internet usage such as restrictions on mass mailings and mass advertisements, pirating or copying of software, mail bombing or other methods of attempting to deny service or access to other users, and attempts to violate security.

3) Compliance with Laws - The Client will ensure that its use of the Internet complies with all applicable federal, state and local law and regulation, including but not limited to those principles of law which protect against compromise of copyrights, trade secrets, proprietary information and other intellectual property rights, libel or defamation of character, invasion of privacy, tortuous interference, and export of technical or military data to prohibited countries.

4) Validation of Information - The Client is responsible for validating the integrity of the information and data he or she receives or transmits over the Internet.

5) Security - The Client is required to protect the security of his or her Internet account and usage. The Client's password should be treated as private and confidential and not disclosed to or shared with any third parties.

6) Discretion and Judgment - The Client is expected to use discretion in the treatment and handling of Internet information and data and to take particular care to insure that adult information is not transmitted to juvenile users of the Internet.

7) Pornography - We adhere to U.S. laws and regulations regarding adult-related material of any nature.

8) Net abuse, including but not limited to activities such as using a non-existent email return address on a commercial solicitation, spamming (sending unsolicited advertising to numerous email addresses or newsgroups and/or generating a significantly higher volume of outgoing email than a normal user), allowing spamming by third parties to promote a web site hosted by BetterHost, trolling (posting outrageous messages to generate numerous responses), mail bombing (sending multiple messages without significant new content to the same user), subscribing someone else to a mailing list without that person's permission, cross-posting articles to an excessive number of newsgroups, or attempting without authorization to enter into a secured computer system. BetterHost reserves the right to determine what constitutes net abuse.

9) Excessive CPU usages - Clients using excessive amounts of CPU processing on any of our servers will be assessed accordingly or face immediate suspension.

10) Resale of service - Clients may resell web space within their own account, but are responsible for the entire domain site content. Clients may not resell mail services including, but not limited to, mail forwarding capabilities, POP accounts and auto responders.