Terms of Service
Use of 2BHOST.net Unlimited Web Hosting AUP Service constitutes acceptance and agreement to 2BHOST.net Unlimited Web Hosting as well as 2BHOST.net TOS (Terms of Service).
All provisions of this contract are subject to the TOS (Terms of Service) of 2BHOST.net Unlimited Web Hosting Hosting. and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment.
Disclosure to Law Enforcement
The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition 2BHOST.net Unlimited Web Hosting shall have the right to terminate all service set forth in this Agreement.
Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.
Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that periods service. 2BHOST.net Unlimited Web Hosting offers a 14 day money back guarantee on the initial hosting purchase. Prorated refunds are not possible.
All billing disputes must be reported within 24 hours of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in 2BHOST.net Unlimited Web Hostings sole discretion is a valid charge under the provisions of the TOS and /or AUP, you agree to pay 2BHOST.net Unlimited Web Hosting an "Administrative Fee"
Failure to Pay
The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees. Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the companys liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.
Customer expressly agrees that use of 2BHOST.net Unlimited Web Hosting Hosting is at Customers sole risk. Neither 2BHOST.net Unlimited Web Hosting, its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that 2BHOST.net Unlimited Web Hostings service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the 2BHOST.net Unlimited Web Hosting Server service.
Under no circumstances, including negligence, shall 2BHOST.net Unlimited Web Hosting, its offices, agents or any one else involved in creating, producing or distributing 2BHOST.net Unlimited Web Hostings services be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use 2BHOST.net Unlimited Web Hosting services; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to 2BHOST.net Unlimited Web Hostings records, programs or services.
Customer hereby acknowledges that this paragraph shall apply to all content on the 2BHOST.net Unlimited Web Hosting service.
Notwithstanding the above, Customers exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate amount which Customer paid during the term of this contract. 2BHOST.net Unlimited Web Hosting can not guarantee nor be held responsible for failed domain registrations or domains transfers.
SPAM and Unsolicited Commercial Email (UCE)
2BHOST.net Unlimited Web Hosting takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of 2BHOST.net Unlimited Web Hosting may not use or permit others to use our network to transact in UCE. Customers of 2BHOST.net Unlimited Web Hosting may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service. Violation of 2BHOST.net Unlimited Web Hostings SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, 2BHOST.net Unlimited Web Hosting will initiate an immediate investigation (within 48 hours of notification). During the investigation, 2BHOST.net Unlimited Web Hosting may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, 2BHOST.net Unlimited Web Hosting may, at its sole discretion, restrict, suspend or terminate customers account. Further, 2BHOST.net Unlimited Web Hosting reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. 2BHOST.net Unlimited Web Hosting will notify law enforcement officials if the violation is believed to be a criminal offense. First violations of this policy will result in an "Administrative Fee" and your account will be reviewed for possible immediate termination. A second violation immediate termination of your account. PLEASE, DO NOT SPAM from your account. As our Customers are ultimately responsible for the actions of their clients over the 2BHOST.net Unlimited Web Hosting network, it is advisable that Customers develop a similar, or stricter, policy for their clients.
Availability of Plans
Customer expressly agrees that use of 2BHOST.net Unlimited Web Hosting and after have the first payment confirmed to a specific service, trough PAYPAL system, depending on the availability of space on our servers, it is sometimes necessary to install a new server to meet the contract plan and it may take some time. Customer agree that 2BHOST.net have within 72 hours for delivery of the contracted plan. If we can not deliver on time, the customer will have the payment returned deducted from setup fee if charged.
BEGINNING IMMEDIATELY, anyone hosting websites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server immediately removed from our network. The server will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the server from our network without notice to the customer. Any server guilty of a second violation WILL be immediately and permanently removed from our network without notice.
IP Address Ownership
If 2BHOST.net Unlimited Web Hosting assigns Customer an Internet Protocol address for Customers use, the right to use that Internet Protocol address shall belong only to 2BHOST.net Unlimited Web Hosting, and Customer shall have no right to use that Internet Protocol address except as permitted by 2BHOST.net Unlimited Web Hosting in its sole discretion in connection with the Services, during the term of this Agreement. 2BHOST.net Unlimited Web Hosting shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by 2BHOST.net Unlimited Web Hosting, and 2BHOST.net Unlimited Web Hosting reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by RIPEs new policies. These policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses.
Bandwidth and Disk Usage
Customer agrees that bandwidth and disk usage shall be used on a fair use policy base. Sites that consume very high badwidth or diskspace resources on a regular basis period will be disabled and client must look for another Web hosting provider to accommodate those high resources needs. 2BHOST.net Unlimited Web Hosting will monitor Customers bandwidth and disk usage. 2BHOST.net Unlimited Web Hosting shall have the right to take corrective action if Customers bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in 2BHOST.net Unlimited Web Hostings sole and absolute discretion. If 2BHOST.net Unlimited Web Hosting takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. Disk space is intended for normal, webhosting related use only, and is limited to Web files, e-mail and content of the hosted Web sites, not for storage of media or other data. Disk space may not be used as offsite storage (e.g. remote backups) for electronic files or for third party electronic mail or FTP hosts.
System and Network Security
Users are prohibited from violating or attempting to violate the security of the 2BHOST.net Unlimited Web Hosting Network. Violations of system or network security may result in civil or criminal liability. 2BHOST.net Unlimited Web Hosting will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:
Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
Taking any action in order to obtain services to which such User is not entitled.
Notification of Violation
2BHOST.net Unlimited Web Hosting is under no duty to look at each customers or users activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities. First violation: Any User, which 2BHOST.net Unlimited Web Hosting determines to have violated any element of this Acceptable Use Policy, shall receive an email, warning them of the violation. The service may be subject at 2BHOST.net Unlimited Web Hostings discretion to a temporary suspension pending a Users agreement in writing, to refrain from any further violations.
Users that 2BHOST.net Unlimited Web Hosting determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice. We reserve the right, to drop the section of IP space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customers network, or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.
Suspension of Service or Cancellation
Cancellations and Refunds
No refunds will be provided if you use any of the following methods of payment: bank wire transfers, Western Union payments, checks and money orders. If you use any of these payment methods, any applicable credit will be posted to your hosting account instead of a refund.
Aside from plans previously specified as return-term procurement act, which had a return deadline written in the hiring form, if an account with a (3) day money-back guarantee is purchased and then cancelled within the first (3) days of the beginning of the term (the "Money-Back Guarantee Period"), you will, upon your written request to the 2BHost.net Support Team (the "Refund Request") within (7) days of such termination or cancellation ("Notice Period"), receive a full refund of all basic shared, VPS and reseller hosting fees previously paid by you to 2BHost.net for the initial term ("Money-Back Guarantee Refund"); provided that such Money-Back Guarantee Refund shall be due to you only upon your compliance with, and subject in all respects to the terms and conditions of, this Section "Suspension of Service or Cancellation". Requests for these refunds must be made in writing to the 2BHost.net Support Team. Refunds will only be issued for basic shared, VPS and reseller hosting services and will not include administrative fees, install fees for custom software or other setup fees, nor will they include any fees for any other additional services. Money Back Guarantee Refunds will not accrue, and shall not be paid under any circumstances, if you do not provide the applicable Refund Request within the Notice Period.
Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, canceled and signed up again, or if you have opened a second account with us, you will not be eligible for a refund. Violations of this Agreement will waive your rights under the refund policy.
Non-refundable Products and Services.
There are no refunds on dedicated servers, administrative fees, and install fees for custom software. Please note that domain refunds will only be considered if the domain was ordered in conjunction with a hosting package and will be issued at 2BHost.net's sole discretion. Any refunds issued for domain names will be reduced by the market value of the gTLD. Purchases of ccTLDs are non-refundable.
You may terminate or cancel the Services by giving 2BHost.net written notice via the cancellation form provided. In such event: (i) you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation and (ii) 2BHost.net may, in our sole discretion, refund all pre-paid fees for basic hosting services for the full months remaining after the effectiveness of such cancellation (i.e. no partial month fees shall be refunded) less any setup fees, applicable taxes and any discount applied for prepayment, provided that you are not in breach of this Agreement.Once we receive your cancellation form and have confirmed all necessary information with you via email, we will inform you in writing (typically email) that your account has been canceled. Your cancellation confirmation will contain a ticket/tracking number in the subject line for your reference and for verification purposes. You should immediately receive an automatic email with a tracking number stating that "Your request has been received...." 2BHost.net will confirm your request and process your cancellation shortly thereafter. If you do not hear back from us, or do not receive the automatic confirmation email within a few minutes after submitting your cancellation form, please contact us immediately via phone at: 1-908-718-0007
We require all cancellations to be done through the online form in order to (a) confirm your identity, (b) confirm in writing that you are prepared for all of your files and emails to be removed, and (c) document the request. This process aims to reduce the likelihood of mistakes, fraudulent/malicious requests, and to ensure that you are aware that your files, emails, and account may be removed immediately and permanently after a cancellation request is processed.Cancellations for shared and reseller accounts will be effective on the account's renewal date. Cancellations for dedicated and VPS accounts will be effective immediately.
2BHOST.net Unlimited Web Hosting wishes to emphasize that in agreeing to the 2BHOST.net Unlimited Web Hosting Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies 2BHOST.net Unlimited Web Hosting for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to 2BHOST.net Unlimited Web Hosting or the bringing of any claim against 2BHOST.net Unlimited Web Hosting by any third-party. This means that if 2BHOST.net Unlimited Web Hosting is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against 2BHOST.net Unlimited Web Hosting, plus all costs and attorneys fees.
2BHOST.net Unlimited Web Hosting Affiliate Program
Each 2BHOST.net Unlimited Web Hosting customer will automatically receive an affiliate account. We will credit a 2BHOST.net Unlimited Web Hosting affiliate account the first time a referred customer makes a payment and every time the customer renews his subscription. Violations of our Terms of Service (TOS) or Acceptable Use Policy(AUP), by the affiliate or a referred customer, can result in loss of accrued Rewards and/or removal from the program. Affiliates are not allowed to use, directly or indirectly, the search name "2BHOST.net Unlimited Web Hosting", "TotalCloud" or any misspelling or variant thereof or any misrepresentation of 2BHOST.net Unlimited Web Hosting intellectual property in any marketing efforts what so ever. Payments are made on the first business day of the month, via PayPal, for balances of $15 or more. New accounts must use different payment details from the referrer to qualify for rewards credit for the referrer. Customers also cannot refer themselves or their spouse/civil union partner. Temporary onetime promotional discounts are non-recurring and are only applied toward an accounts first payment. If a referral cancels and gets their payment refunded, any Rewards payments earned from that customer will also be adjusted with the refund and possible charge back fees. An unproportionally large number of cancelled subscriptions can result in loss of accrued Rewards and/or removal from the program. Accounts with less than four referrals older than four months are subject to a four month hold period and 5% fee on payments. We reserve the right to change or terminate our Rewards program at our discretion.
You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference A waiver by the Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof. Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation. 2BHOST.net Unlimited Web Hosting takes no responsibility for any material input by others and not posted to the 2BHOST.net Unlimited Web Hosting Network by 2BHOST.net Unlimited Web Hosting. 2BHOST.net Unlimited Web Hosting is not responsible for the content of any other websites linked to the 2BHOST.net Unlimited Web Hosting Network; links are provided as Internet navigation tools only. 2BHOST.net Unlimited Web Hosting disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or partys violation of this policy. Our corporate language is English and is only able to guarantee support and general communication in written English. 2BHOST.net Unlimited Web Hosting is not responsible for any damages your business may suffer. 2BHOST.net Unlimited Web Hosting does not make implied or written warranties for any of our services. 2BHOST.net Unlimited Web Hosting denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by 2BHOST.net Unlimited Web Hosting. It is absolutely forbidden to host illegal content or IRC servers on 2BHOST.net Unlimited Web Hosting accounts. Accounts found hosting this material will be subject to immediate cancellation without refund. 2BHOST.net Unlimited Web Hosting reserves the right to remove any content that is suspected to infringe copyrights, trademarks or otherwise harmful content at its discretion.
It is not allowed to host filesharing services on our servers. Reason beeing that such sites are often used to share copyrighted material.
Responsability for Content
You, as 2BHOST.net Unlimited Web Hostings customer, are solely responsible for the content stored on and served by your 2BHOST.net Unlimited Web Hosting account.