Terms of Service

IMPORTANT NOTICE: *With the exception of the 45 day money back guarantee on Web Hosting, All Payments to B2 Net Solutions Inc are Non-Refundable*

B2 Net Solutions Hosting Services Inc. ("B2NET", "The Company") agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).

Use of B2NET Services constitutes acceptance and agreement to B2NET's AUP (Authorized Usage Policy) as well as B2NET's TOS (Terms of Service).

All provisions of this contract are subject to the TOS and AUP of B2NET. 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.

This Agreement shall be construed in all respects in accordance with the laws of the province of Ontario and Canada.

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, B2NET shall have the right to terminate all service set forth in this Agreement.

Service Rates: 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.

Payment: 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 month's service. All accounts and services provided by B2NET are subject to the current tax rate as imposed by the province of Ontario and Canada.

Payments and Fees: Credit cards that are declined for any reason are subject to a $10.00 declination fee. Service will be interrupted on accounts that reach 10 days past due. Service interrupted for nonpayment is subject to a $200.00 reconnect charge. Accounts not paid by due date are subject to a $7.95 late fee. Accounts that are not collectable by The Company may be turned over to an third-party collection agency for collection. If your account is turned over for collection, you agree to pay the company a "Processing and Collection" Fee of no less than $50.00, nor more than $150.00. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.

Refund and Disputes: All payments to B2NET are non-refundable. This includes the one time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 45 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in The Company's sole discretion is a valid charge under the provisions of the TOS and/or AUP, you agree to pay B2NET an "Administrative Fee" of no less than $50.00 and not more than $150.00.

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.

Account Cancellation: All requests for canceling accounts must be made in writing with at least 15 days notice but not more than 30 days prior written notice and sent to B2 Net Solutions Inc. Upon the cancellation notice, B2 Net Solutions Inc. has the right to reclaim the server immediately unless stated by the Client to keep service online until the end of the billing cycle.

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 company's 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.

Support Boundaries: B2 Net Solutions Inc. provides 24x7 technical support to our Subscribers. We limit our technical support to our area of expertise. The following is our guidelines when providing support: B2NET provides support related to your dedicated server's physical functioning. B2NET does not offer technical support for application specific issues such as cgi programming, html or any other such issue. B2NET does not provide technical support for YOUR customers. If you can email, we encourage you to email support (at) B2 Net Solutions (dot) com for assistance. Lastly, the Help files in the program you are using may have the answer to your question so please do investigate these resources before calling tech support.

Inbound/Outbound DDoS Attacks: DDoS is an acronym for Distributed Denial of Service Attack. A type of denial of service attack in which an attacker uses malicious code installed on various computers to attack a single target. An attacker may use this method to have a greater effect on the target than is possible with a single attacking machine. As a B2 Net Solutions user, you are ultimately responsible for making sure that your account is secured, and that no root kits or viruses are on your server.

Violation of this Inbound/Outbound DDoS policy will result in severe penalties. Upon notification of an alleged violation of this policy, whether your server has become the victim of a DDoS Attack or you are delibrately performing the DDoS, B2 Net Solutions will initiate an immediate investigation (within 48 hours of notification). During the investigation, B2NET may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our DDoS policy, B2 Net Solutions may, at its sole discretion, restrict, suspend or terminate customer's account.

Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $175.00 per hour that B2NET personnel must spend to investigate the matter.

As our Customers are ultimately responsible for the actions of their clients over the B2NET network, it is advisable that Customers develop a similar, or stricter, policy for their clients.

SPAM and Unsolicited Commercial Email (UCE): B2 Net Solutions Inc. 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 The Company may not use or permit others to use our network to transact in UCE. Customers of B2NET 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 B2 Net Solutions Inc.'s SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, B2 Net Solutions will initiate an immediate investigation (within 48 hours of notification). During the investigation, B2NET may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, B2 Net Solutions may, at its sole discretion, restrict, suspend or terminate customer's account. Further, B2 Net Solutions reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. B2NET 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" of $250.00 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $500.00 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $175.00 per hour that B2NET personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your servers..

As our Customers are ultimately responsible for the actions of their clients over the B2NET network, it is advisable that Customers develop a similar, or stricter, policy for their clients.

IMPORTANT NOTICE:

Network Issues

IP Address Ownership: If B2NET assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to B2NET, and Customer shall have no right to use that Internet Protocol address except as permitted by B2 Net Solutions in its sole discretion in connection with the Services, during the term of this Agreement. B2 Net Solutions shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by B2 Net Solutions, and B2 Net Solutions 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 ARIN's new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting.

System and Network Security: Users are prohibited from violating or attempting to violate the security of the B2 Net Solutions Network. Violations of system or network security may result in civil or criminal liability. B2 Net Solutions 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:

B2 Net Solutions is under no duty to look at each customer's or user's 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.

Limits on Account Privileges: Any User, which B2 Net Solutions determines to have violated any element of this AUP, shall receive an email, warning them of the violation. The service may be subject at B2 Net Solutions discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations.

Account Suspension: Users that B2 Net Solutions 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.

Loss of Preferred Member Status: 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 customer's 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.

Assessment of Additional Fees & Surcharges

Suspension of Service or Cancellation: B2 Net Solutions reserves the right to suspend network access to any customer if in the judgment of the B2 Net Solutions network administrators the customer's server is the source or target of the violation of any of the other terms of the AUP or for any other reason which B2 Net Solutions chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's machines were suspended.

B2 Net Solutions reserves the right to amend its policies at any time. All Sub-Networks, resellers and managed servers of B2 Net Solutions must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy.

Indemnification: B2 Net Solutions wishes to emphasize that in agreeing to the B2 Net Solutions AUP and Terms of Service (ToS), customer indemnifies B2 Net Solutions for any violation of the AUP and Terms of Service (ToS) that results in loss to B2 Net Solutions or the bringing of any claim against B2 Net Solutions by any third-party. This means that if B2 Net Solutions is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against B2 Net Solutions, plus all costs and attorney's fees.

Miscellaneous Provisions: 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.

B2 Net Solutions takes no responsibility for any material input by others and not posted to the B2 Net Solutions Network by B2 Net Solutions. B2 Net Solutions is not responsible for the content of any other websites linked to the B2 Net Solutions Network; links are provided as Internet navigation tools only. B2 Net Solutions disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.

B2 Net Solutions is not responsible for any damages your business may suffer. B2 Net Solutions does not make implied or written warranties for any of our services. B2 Net Solutions 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.

Responsibility for Content: You, as B2 Net Solutions customer, are solely responsible for the content stored on B2 Net Solutions Hosting Services.