Terms of Service
4b Hosting (referred hereinafter as ‘4b’, ‘our’, ‘we’ and ‘us’) is a web hosting firm. All accounts on our web servers are subject to the terms and conditions described in this document.
Under the terms of this agreement, your placement of information on our servers is an acknowledgment that you have read, understand, and agree to be bound by terms and conditions below. 4b reserves the right to change this policy at any time and without notice.
1. User Conduct
Our services may only be used for lawful purposes. Any use of these services which violates any laws which may apply to 4b, your local jurisdiction, or any jurisdiction that you or your site may be subject to is strictly prohibited.
This means that while using our services, you may not:
Post or transmit any unlawful, threatening, abusive, defamatory, obscene, libelous, offensive, pornographic, indecent, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
Restrict or inhibit any other user from using and enjoying the Internet.
4b reserves the right to the final decision on what constitutes abuse.
2. Resource Usage, Unacceptable Content, Banned Scripts, Spam
Users may not initiate the following on our servers:
- Run any process that requires more than 8MB of memory space, more than 30 CPU seconds, or use more than 5% of all available system resources at any time.
- Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
- Run any software that interfaces with an IRC (Internet Relay Chat) network.
- Run any site with adult-oriented content, including but not limited to any pornographic material.
- Run any gambling site.
- Run any site that offers or links to any unacceptable content. This includes, but is not limited to:
- Pirated software
- Hacker programs or archives
- Warez sites
- Install or run any scripts we label as banned. Banned scripts include, but are not limited to:
- UltimateBBS (all versions)
- Ikonboard (all versions)
- All flat-file based forums
- All IRC programs and utilities
- IRC Egg Drops
- Proxy Servers
- The Anonymizer
- any soap mailers
- FormMail (versions prior to 1.9s)
4b reserves the right to require changes or disable as necessary any web site, account, database, or other components that do not comply with this policy, at its sole discretion. 4b also reserves the right to make any such modifications in an emergency at our sole discretion.
We take a zero tolerance stance against sending of unsolicited e-mail, commonly known as spam. Any user who sends out an unsolicited e-mail (Spam) of any kind will have their account terminated without notice.
Accounts canceled or terminated due to sending of unsolicited e-mail will be billed a breach of service fee in the amount of $700.00 plus $10.00 per complaint received. Any information we collect related to spamming activity may be submitted to law enforcement as evidence for prosecution, without notice.
Using Spam to Advertise Sites on Our Servers
You may not send spam from ANY source, including your own computer, ISP, or another server, to advertise a site hosted on one of our servers. If you do, the same terms listed under “Spam Policy” above will apply.
You agree to indemnify, defend and hold harmless 4b from any and all liability, penalties, losses, damages, costs, expenses, attorneys’ fees, causes of action or claims caused by or resulting indirectly from your use of the service which damages either you, 4b, or any other party or parties without limitation or exception. This indemnification and hold harmless agreement extends to all issues associated with your account, including but not limited to domain name selection and website content.
4. Refusal or Discontinuation of Service
4b reserves the right to refuse or discontinue service to anyone at 4bs’ sole discretion. 4b may deny you access to all or part of the service without notice if you engage in any conduct or activities that 4b in its sole discretion believes violates any of the terms and conditions in this agreement. 4b shall have no responsibility to notify any third-party providers of services, merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. You agree that 4b has the right to monitor the service electronically from time to time and to disclose any information as necessary to satisfy the law, or to protect itself or its subscribers. 4b reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this agreement. 4b also reserves the right to refuse refunds in cases where 4b believes abuse has taken place.
5. No Warranties
4b makes no warranties or representations of any kind for the services being offered. The service is provided on an “as-is” and “as-available” basis without warranties of any kind, either express or implied, including but not limited to warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by 4b or its agents or employees shall create a warranty. 4b provides no warranty that the service will be uninterrupted or error-free or that any information, software or other material accessible on the service is free from viruses or other harmful components. Under no circumstances shall 4b be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from your use of or inability to use the service, or for third parties’ use of the service to access your Web space, or to access the Internet or any part thereof, or your or any third parties’ reliance on or use of information, services, or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance. If you are dissatisfied with 4b service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the service.
You understand that by placing information on 4bs’ servers that such information becomes available to all Internet users and that 4b has no way of limiting or restricting access to such information or protecting such information from copyright infringement. You assume total responsibility and risk for your use of 4bs’ servers and the Internet. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services and other information, and the quality and merchantability of all merchandise provided through 4b or on the Internet generally.
Your use of the service is at your sole risk. 4b is not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on 4b servers.
We will restore customer files from our backup drive, if available, at no charge. Please submit a support request via email to email@example.com and include a list of the files you need to be restored and the last date and time you believed these files were correct. Allow 24-48 hours for the complete restoration of your files. Remember that if a problem occurs on your site and you don’t notice it right away, we may not have a backup that was made prior to the problem occurring. You should ALWAYS keep a backup of a working copy of your site on your own computer or in a safe place so that you can send it to us if you need it restored.
Should you not know how to do this, please email us and we will set it up for you. If you used 4b as your website developer, this service has already been done and is maintained for you.
You agree not to interfere with the operation of the system. You further agree not to interfere with the proper operation of other systems reachable through the Internet, including any attempt at unauthorized access. You agree to adhere to system policies as published by 4b, including restrictions on services available with each service type, restrictions on certain features and all other policies. You agree to abide by any and all future 4b policy decisions.
4b reserves the right to monitor any and all communications through or with our facilities. You agree that 4b is not considered a “secure communications medium” for the purposes of the ECPA and that no expectation of privacy is afforded.
6. Account Holder Identification Information
You agree that you as the person legally responsible for all use of this account, are at least 18 years of age. If you are under 18 years of age, you need to have parental consent in order to sign up. The account must then be ordered by a parent or guardian, in their own name. You agree to supply 4b with a current and truthful name, postal address and telephone number for our records. You have a continued obligation to keep this information current. You also agree that you are an authorized user of any credit card that you supply to us or to our authorized payment processor(s). You also understand and agree that we have an obligation to fully investigate any possible fraudulent credit card use.
7. Sharing of Account Space and Additional Domains
You agree and understand that the account you purchase is purchased either for yourself or on behalf of a client. You understand that you are the individual solely responsible for all use of the account. You agree that you are the individual solely responsible for all additional domains added onto your account. A violation of these terms and policies by anyone using your account will be treated as a violation by you.
8. Payment and Cancellation Information
You agree to supply appropriate payment for the services received from 4b IN ADVANCE of the time period during which such services are provided. Payment is due on each anniversary following the date the account was established, according to the length of the billing period (monthly, quarterly, or yearly). You agree that until and unless you notify 4b of your desire to cancel any or all services received, those services will be billed on a recurring basis. If you pay using Paypal, CANCELLING YOUR PAYPAL SUBSCRIPTION DOES NOT CANCEL YOUR HOSTING ACCOUNT – you will still be liable for any charges incurred up to the day you notify us of your intent to cancel your contract. Payment invoices and receipts will be sent by electronic mail.
Insufficient Funds Charge
There is a $25.00 fee for every check returned due to insufficient funds.
Credit and Debit Card Billing
Credit and debit card statements will list charges for our services as 4bHosting, along with our customer service phone number. 4b Consulting & Services LLC provides billing and support services for 4b Hosting. Please call us if you have any questions about the amount or timing of the charges.
Bandwidth Overage Charges
Bandwidth overage charges will be billed at the end of the month for accounts that exceed their plan’s bandwidth allocation. In most cases, sites will also be automatically suspended when they reach their limit so as to not run up additional charges. However, regardless of whether you received notice or your site was suspended, or not, you will be billed for bandwidth your site or sites use that is in excess of your hosting plan’s limit. Excess bandwidth is billed at $1.00 per Gigabyte (rounded up) per month.
Accounts more than ten (10) days past due will be terminated. Termination does not eliminate your obligation to pay all fees incurred up to the date that 4b terminates your account. If 4b incurs any fees or costs in collecting any past-due amounts, including costs of attorneys or a collection bureau, those fees and costs will be added to the amount you owe.
Cancellation notices must be submitted to 4b Hosting at least 48 hours prior to your next billing date.
We DO NOT provide refunds for prepaid service unless the refund is requested within thirty (30) days of opening your account.
Accounts canceled or terminated by 4b for violating our terms of service will not receive any refunds, even if they were open 30 days or less.
Refunds issued under our 30-day, money back guarantee may take up to 30 days to be credited to your credit card or mailed to you.
9. Money Back Guarantee
Every plan includes a full thirty (30) day money back guarantee.
If you are not completely satisfied with our services within the thirty day refund time period, you will be given a full refund of the contract amount excluding bandwidth overage charges, domain registration fees, SSL certificates or bills for any custom work that we did at your request. No refund is available after that period.
Accounts canceled or terminated by 4b for violating our terms of service do not qualify for the thirty (30) day money back guarantee under any circumstances. Only first-time accounts are eligible for a refund. This is to protect our refund guarantee from being abused. To receive a full refund, please request one via firstname.lastname@example.org.
10. Uptime Guarantee
4b offers all customers a 99.5% uptime guarantee on our web hosting services. In the event that your website is unavailable, meaning the server is malfunctioning and not responding properly to HTTP requests, for more than 224 minutes, at any time, continuous or spread out during a month, you are entitled to receive a full refund for that month’s services.
However, 4b will not be held responsible for the following:
- Factors outside of our control, such as heavy Internet congestion or networking failures outside of our network, or problems caused by outside agents.
- Problems caused by the customer’s mistakes or oversights, such as failing to pay for domain name registration or renewal fees, or accidentally deleting important files.
- Problems caused by the failure or malfunction of Microsoft FrontPage Server Extensions.
- Failures of third party software (CGI scripts, plugins, etc.) installed by and run by the customer.
- Failures caused by custom configurations.
- Sites that are disabled or removed for non-payment, violations of policies, etc.
If you believe your site has been unavailable for more than 0.5% of a month’s time, please contact us. We will refer to our third-party monitoring service to confirm that the outage has occurred, and if it meets the guarantee criteria you may choose between a free month of service or a refund of one month’s fees.
In the course of serving its customers, 4b acquires, stores and transmits customer communications and information that customers may regard as private or sensitive. Some of this information (such as the customer’s name, address and telephone number) is provided to 4b by its customers in order to establish service. Other information (such as the customer’s account status, choice of services and customer logs) is created and maintained by 4b in the normal course of providing service.
4b will not otherwise disclose its customers’ personal and account information unless 4b has reason to believe that disclosing such information is necessary to identify, make contact with, or bring legal action against someone who may be causing harm or interfering with the rights or property of 4b, 4b’s customers, or others, or where 4b has a good faith belief that the law requires such disclosure.
12. Agreement Acknowledgement
This agreement supersedes any written, electronic, or oral communication you may have had with 4b or any agent or representative thereof, and constitutes the complete and total agreement between the parties. Should any provision of this agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect and said provision shall be reformed only to the extent necessary to make it enforceable.
By placing and continuing to maintain or place information on 4b servers you are stating and acknowledging that you have read the aforementioned terms and conditions and that you understand such terms and conditions and agree to be bound by them.
Updated 4.11.2017 by AMF