Terms of Service

Terms of Service

These terms of service (TOS) are between ITBHost and you (Customer). We agree to be bound by this TOS when you become our Customer., You agree to this TOS based on the “Effective Date”. The entity set out in our records is considered by us to be our customer. It is your obligation to ensure that our records accurately reflect ownership and control of the service.

This TOS may be amended by us. we agree to provide you with thirty days notice prior to the effective date of any amendment. Notice will be provided to you through your control panel. If the amendment materially affects your ability to use the Services, you may terminate this TOS by providing us with written notice prior to the effective date of the amended TOS, or, if we have amended the TOS in an emergency, within thirty days from the date of our amendment.

1. Our other agreements are incorporated into the TOS

This TOS incorporates our Acceptable Use Policy (AUP) and Privacy Policy and Domain Name Agreement To the extent that these agreements conflict, this TOS shall prevail, followed by the AUP and Privacy Policy and Doman Name Agreement. In certain cases, you may purchase services from us using another agreement which is also incorporated into this TOS. If that agreement conflicts with this TOS, the terms of that agreement will prevail over the TOS, but only to the extent that the agreements conflict. After that, the agreements will have the precedence set out above.

2. Services we provide to you

The features and details of the services governed by this TOS are described on the product description pages set out at “ITBHost.com” as of the Effective Date. Should the Product Description Page change subsequent to the Effective Date, ITBHost has no obligation to modify the Service to reflect such a change. The specific services chosen by you are referred to together as the “Service.” All of the services are Shared Services and are not exclusive for your use. You agree to use the Services in a way that respects the right of our other users to use the Services, and not to act in a way that unreasonably interferes with our ability to provide the Services to other users.

Certain aspects of the Service may be provided by third parties. These third parties may have reserved the right to make changes, including material changes, to the products provided by them and incorporated into the Service. If a third party makes a change to its products, you may not terminate this TOS based on such a change, even if it materially affects the Service.

The support we provide Customers is set out on our “Scope of Support” page. This page sets out our only obligations to provide technical and other support for your use of the Services. You acknowledge and agree that you have read this page, and agree that our support is set out in it, and any limitations on support.

3. Contact Information

You are required to provide us with accurate information when setting up your account, during the course of our relationship, and when corresponding with us. We have no responsibility, or liability, for interruptions in the Service, or damages of any sort, based on communications that are misdirected as a result of your failure to provide us with updated contact information or your failure to monitor the email address you provided to us, including failing to monitor your SPAM filter.

4. Term

This TOS will continue for the term set out on the product page (Initial Term). After the expiration of the Initial Term, this TOS will renew for successive periods of equal length (Renewal Term). If the Product Page does not contain an Initial Term, the Initial Term shall be one month.

5. Payment

You are responsible for the fees and charges set out on the Product Page (Fees). You may be charged seven days prior to the date set out on the Product Page (Due Date).

Our obligation to provide the Service is contingent on your payment of the Fees by the Due Date. It is your responsibility to ensure that we receive payment of the Fees. You must pay the Fees without set off or deduction. Should the Service be suspended, for any reason, Fees will continue to accrue. If the Fees are not paid by your financial institution on the Due Date, your account will be considered delinquent. To reinstate your account, you will be required to pay, depending on the reason for the delinquency.

You may choose to purchase products and services that are not included in the Service but which are offered for sale by other parties through ITBHost (Third Party Services). Third Party Services may be billed separately from the Service. Fees for the Third Party Services may not be billed on the month on which they are delivered. You agree to pay for these Third Party Services regardless of the length of time elapsed between their delivery date and the date on which you are charged.

6. Bill disputes

If you believe there is an error on your bill you must contact us in writing. We each agree to work together in good faith to resolve any billing disputes. Your dispute must include sufficient facts for us to investigate your claims and be received by us at least five days prior to the Due Date (Dispute Deadline). You waive your right to dispute any charges or Fees if you fail to meet Dispute Deadline. If we find that your claim is valid, we agree to credit the account that is the subject of the dispute the next time Fees are due. If you contact your credit card company, prior to notifying us of the dispute, and initiate a “charge back” based on this dispute, and your charge back claim is past the Dispute Deadline, you will be charged a investigation fee. This fee compensates us for the investigation your credit card issuer requires us to conduct in order to demonstrate our right to payment.

7. Termination

7.1. Termination prior to renewal

Either party may choose not to renew this TOS by providing written notice to the other no later than ten days before the expiration of the Initial Term or Renewal Term for the particular Service that the party does not want to renew. If you terminate this TOS prior to its expiration, you will not receive a refund of any prepaid Fees.

7.2. Termination for material breach

One party may terminate this TOS upon the occurrence of a material breach, if this breach has not been cured by the other party within thirty days of their receipt of written notice of the breach. Notices of material breach must contain sufficient detail for the party against whom the assertion of material breach is directed to identify the breach and attempt to take corrective action. A decision to cease offering Third Party Services will not be a material breach.

7.3. Termination for your violation of our policies

We reserve the right to immediately suspend the Service and/or terminate this TOS: (i) for a violation of any of our policies, including those incorporated by reference or those of Third Party Service providers; and/or (ii) your failure to pay any amounts due. This right of termination is without prejudice to any other rights we may have. You are not entitled to any type of notice or protest should we exercise these rights, nor will you receive a refund of any Fees.

8. Use of the Services

Your use of the Services must be reasonable. You may not place excessive burdens on our CPUs, servers or other resources. You agree that we may place restrictions on your use of the Service, and charge you excess bandwidth fees, to the extent that they exceed the use of the Service by similarly situated customers. You understand that bandwidth, connection speeds and other similar indices of capacity are maximum numbers. Consistently reaching these capacity numbers may result in our need to place restrictions on your use of the Service.

You agree to cooperate with us to facilitate your use of the Service. This cooperation includes, but is not limited to, providing us with correct contact and billing information, designing material that is “server ready” and ensuring that you, your employees and/or agents have sufficient technical expertise to understand how to implement the Service.

Upon termination or expiration, your account will be closed. We have no responsibility to forward email or other communications for you once your account is closed. We also have no responsibility to preserve or secure your data. You are encouraged to keep the Service active during a transition period should you seek to forward your email or other communications, or to move your data to another provider.

9. Licenses and Intellectual Property

9.1. License from ITBHost to you

ITBHost grants to you a non-exclusive, non-transferable, worldwide, royalty free license to use technology provided by ITBHost solely to access and use the Service. This license terminates on the expiration or termination of this TOS. Except for the license rights set out above, this license does not grant any additional rights to you. All right, title and interest in ITBHost’s technology shall remain with ITBHost or ITBHost’s licensors. You are not permitted to circumvent any devices designed to protect ITBHost’s, or its licensor’s, ownership interests in the technology provided to you. In addition, you may not reverse engineer this technology.

9.2. Licenses from you to ITBHost

We may use information you provide to us for technical support, implementation, operation or administration of the Service (Operational Information). Operational Information, as well as aggregate information gleaned from the operation of our business in general, will be used to improve, or create, new products and services.

10. Disclaimers

THE SERVICE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. OTHER THAN AS EXPRESSLY SET OUT IN PARAGRAPH 10.1, ITBHost HAS NOT, AND DOES NOT, MAKE ANY WARRANTIES WHETHER EXPRESS OR IMPLIED. THIS DISCLAIMER INCLUDES, BUT IS NOT LIMITED TO, THE WARRANTIES OF NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY AND TITLE. ITBHost DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. ITBHost IS NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO, OR FROM, YOU OR STORED BY YOU OR AN END USER VIA THE SERVICE PROVIDED BY US. ITBHost SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES REGARDING SERVICES PROVIDED BY THIRD PARTIES, REGARDLESS OF WHETHER THOSE SERVICES APPEAR TO BE PROVIDED BY ITBHost. NO WARRANTIES MADE BY THESE THIRD PARTY ENTITIES TO ITBHost SHALL BE PASSED THROUGH TO YOU, NOR SHALL YOU CLAIM TO BE A THIRD PARTY BENEFICIARY OF SUCH WARRANTIES.

THIS WARRANTY DISCLAIMER EXTENDS TO ANY ORAL OR WRITTEN INFORMATION YOU MAY HAVE RECEIVED FROM ITBHost, ITS EMPLOYEES, THIRD-PARTY VENDORS, AGENTS OR AFFILIATES. YOU MAY NOT RELY ON SUCH INFORMATION.

 

11. General Provisions

11.1. Notices

Notices will be sent to you at the address you provide to us. Notices to you may be provided by email. It is your obligation to ensure that we have the most current address for you in our records.

Please refer to our website, ITBHost.com, for contact information for most issues, including technical support and billing. Notices regarding this TOS and other ITBHost policies should be directed to our support team.

 

11.2. Force Majeure

Except for the obligation to pay the Fees, neither party shall be liable for any delay or failure in performance due to events outside the defaulting party’s reasonable control, including without limitation acts of God, earthquake, labor disputes, shortages of supplies, riots, war, fire, epidemics, failures of telecommunication carriers, delays of common carriers, or other circumstances beyond its reasonable control. The obligations and rights of the excused party shall be extended on a day-to-day basis for the time period equal to the period of the excusable delay. The party affected by such an occurrence shall notify the other party as soon as possible, but in no event less than ten days from the beginning of the event.