Terms of Service

This policy represents the berylp Hosting Terms of Service ("TOS")
in its entirety and supersedes any other written or oral policy. This
 policy defines the terms of service all customers agree to when they
sign-up for hosting services with berylp Hosting. berylp Hosting reserves
 the exclusive right to revise, change or amend any portion of this Policy
 at any time, without advance notice to customers.

Customers using any services offered by berylp Hosting consent to be bound
by and must comply with all policies in this TOS. At the sole discretion
of berylp Hosting any violators of this TOS may have their services
cancelled without refund and/or, if deemed appropriate, be legally
prosecuted.

General Provisions
In consideration for berylp Hosting maintaining one or more accounts (each
 "Account"), you agree to the following terms of service.

Definitions

"We" "Us" or "Provider" or "berylp Hosting."
"You" "Your" "Client" "Customer" or "Member" - Each person or entity who
 applies for internet service or is a designate of any one who applies for
 internet service.

Disclaimer of Warranty
The Internet is a complex network of equipment, services and providers of
 information, thus the Service may not be available to you at all times.
However,berylp Hosting offers a 99.% uptime guarantee. This is valid for
only the connection. berylp Hosting will pursue all resources and channels
 available to maintain maximum uptime, however, berylp Hosting is not
responsible for any down time caused by client's error.

berylp Hosting MAKES NO EXPRESS OR IMPLIED WARRANTIES (INCLUDING BUT NOT
LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR
 A PARTICULAR USE) WITH RESPECT TO THE SERVICES IT PROVIDES. Neither
 berylp Hosting nor any one else involved in the provision of Service is
liable to you or any third-party for direct or indirect damages resulting
 from the use, non-use of services provided herein, whether or not such
 damages resulted from the negligence of berylp Hosting, even if
berylp Hosting  has been advised to the possibility of such damages.

 

Limitation of Liability 
IN NO EVENT SHALL berylp Hosting BE LIABLE FOR ANY INDIRECT,  INCIDENTAL,
 PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING,  WITHOUT LIMITATION,
 LOST PROFITS AND DAMAGES RELATED TO  CORRUPTION OR DELETION OF WEBSITE
CONTENTS, EMAIL DATA AND OR DATABASE CONTENTS) ARISING OUT OF OR IN
RELATION TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE berylp Hosting'S
 SERVICES (INCLUDING, BUT NOT LIMITED TO,  INOPERABILITY OF berylp Hosting'S
 SERVERS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT
(INCLUDING NEGLIGENCE)  OR OTHERWISE, EVEN IF berylp Hosting HAS BEEN
ADVISED OF THE  POSSIBILITY OF SUCH DAMAGES.  IN NO EVENT SHALL
berylp Hosting'S MAXIMUM LIABILITY  EXCEED THE TOTAL AMOUNT PAID BY YOU TO
berylp Hosting FOR THE  SERVICES DURING THE PRIOR TWELVE (12) MONTHS.  TO
 THE EXTENT APPLICABLE LOCAL LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY
 FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, berylp Hosting'S LIABILITY IS
 LIMITED TO THE EXTENT PERMITTED BY  LAW.

 

Indemnification
You agree to indemnify, defend and hold berylp Hosting and its affiliates,
 directors, officers, employees and agents harmless from and against any
liabilities, losses, damages or costs, including reasonable attorneys'
fees, resulting from any third-party claim, action, dispute or demand
related to your use of the Services, your violation of any of the provisions
 of this Agreement or from your placement or transmission of any materials
 or content onto berylp Hosting's servers.  Such liabilities may include,
 but are not limited to, those  arising from the following: (a) with
respect to your business, (i)  infringement or misappropriation of any
intellectual property  rights; (ii) defamation, libel, slander, obscenity,
pornography,  or violation of the rights of privacy or publicity;
or (iii) spamming, or any other offensive, harassing or illegal conduct or
 violation of the acceptable uses described herein or anti-spam  policy;
(b) any damage or destruction to berylp Hosting's equipment or to any other
 accountholder, which damage is caused  by or otherwise results from acts
 or omissions by you, your representative(s) or your designees; (c) any
personal injury or  property damage arising out of your activities related
 to the  Services, unless such injury or property damage is caused solely
 by berylp Hosting's gross negligence or willful misconduct; and  (d) any
 other damage arising from your equipment or your  business.

 

Services Provided by berylp Hosting
berylp Hosting will provide Internet server rental ("the Service") to its
 members for the express purpose of allowing customers to provide http
Internet content to the general public. The Service allows berylp Hosting
 members to maintain Internet websites, receive and maintain e-mail accounts
 and access web space via FTP to upload files for their websites.
berylp Hosting members will use the provided services in a manner consistent
 with any and all applicable laws. berylp Hosting provides the Services
exclusively and makes no effort to edit, control, monitor or restrict the
 content of data other than as necessary to provide such Services. If any
 of the below activities are committed, berylp Hosting can terminate
client's account without notification.

a) Client Content: Client agrees that web pages and files uploaded to servers
 will not violate any state, national or foreign laws or regulations;
 infringe on any intellectual property rights of berylp Hosting or any
third party; be defamatory, slanderous or trade libellous; be threatening
 or harassing; be discriminatory based on gender, race, age; promote hate;
 or contain viruses or other computer programming defects which result in
 damage to berylp Hosting or any third party. Customers may not run IRC,
 bots or clients. Unacceptable uses also include: Bulk unsolicited emailing,
 unsolicited e-mailings, newsgroup spamming, child porn, hardcore porn or
 links to such sites, copyrighted MP3, illegal content, copyright infringement,
 trademark infringement, warez, cracks, software serial numbers. berylp Hosting
 will be the sole and final arbiter as to what constitutes a violation of
this policy. berylp Hosting does not normally monitor the contents of
clients servers, however if suspicion occurs, berylp Hosting reserves the
right to investigate and terminate the clients subscription to the service.
 

b) Bandwidth Usage: berylp Hosting offers a generous amount of data transfer
 per month. Bandwidth is calculated on a recurring 30 days. Sites that use
 over the given limit in 30 days will automatically be suspended. There is
a daily transfer cap of total bandwidth divided by the number of days in the
current month. If you exceed your bandwidth limit for any given month, your
 account will be suspended until you upgrade or pay additional service fee
 of $3.50 per GB, warning e-mail's are sent out before your account reaches
 the maximum.

c) Excessive Resource User Policy: Resources are defined as bandwidth, memory
and/or processor utilization. A website is considered using "Excessive
amounts of resources" when it monopolies the resources available using 10%
 or more of system resources for longer than 60 seconds. There are numerous
 problems that could cause such problems, this includes but not limited to:
 cgi scripts, FTP, HTTP, etc. A site that consumes over the account limit
of bandwidth is also considered "excessive resources". This policy is only
 implemented in extreme circumstances and is intended to prevent the misuse
of our servers. The client whom is using "excessive resources" will be asked
to upgrade his/her package to one of our dedicated server packages.
berylp Hosting
d) No "Spam": UCE/UBE or "Spam" originating from a server located on our
network or associated with a berylp Hosting server is not tolerated. This
includes any e-mail that promotes web sites hosted on a server located on
the berylp Hosting network but is sent from an e-mail address not associated
 with that berylp Hosting account. Client shall not use their berylp Hosting
 services for chain letters, junk mail, bulk-email, or any use of distribution
 lists to any person who has not given specific permission to be included
 in such a process. berylp Hosting reserves the right to deactivate or
 terminate any account(s) upon any indication of such activity without notice.
 There will be a $200 clean up fee if an account was suspended for policy
violation.

e) False Information: Client agrees not to post false or inaccurate information
to news groups in violation of the news groups rules and regulations. If any
news groups or service provider contact berylp Hosting concerning unethical,
 false or unlawful activities by you, berylp Hosting reserve the right to
 terminate your service without notice.

f) Licensed Software Only: Client agrees to use only properly licensed third
 party software in connection with Client's use of the Services.

g) Back-Up Files: berylp Hosting provides the tools needed to create back ups
 of account data. It is the responsibility of the customer to keep up-to-date
archives of their backed up data. berylp Hosting currently does not utilize any
 back-up services and is not responsible for any lost data.

Payment, Renewal, Cancellations
a) Payment Obligations: Full payment is required in advance before hosting service
 is established. berylp Hosting sends out invoices that are due every pay period.
 You are given fifteen (15) days to fully pay the invoice. You warrant and
represent that the information you supply in the Order Form (or other information
 that berylp Hosting may require) is accurate and truthful. All payment-due notices
 will be sent by e-mail. No bills or invoices will be sent by postal mail or fax.
 If payment was not received by the due-date, your account will be suspended.
 To have your account re-established, you will need to pay the monthly fees, plus
any interest that may have accumulated at the rate of 12.35% per year. There is a
$35 fee for bounced cheques and a $45 processing fee for chargebacks.

b) Renewals: Your account will be automatically renewed under the same time and
fee structure unless you give written notice to berylp Hosting thirty (30) days
before the renewal date that you do not wish to renew or make changes to such
account.

c) Cancellation & Refunds: Should you become unsatisfied with our services within
 the first 30 days of your account activation, berylp Hosting will refund your
 hosting fee subject to the money back guarantee terms listed in this agreement.
 Refunds are not available for pre-paid accounts and after the 30 days of account
 activation. You may however cancel your account at any time. You will need to
contact customer service and verify information before cancellation takes place.
You will be charged in full for the entire month in which you cancelled your account.
 Accounts which have negative balances will be collections and all services will be
 terminated, including domain registrations. Refunds are never available for
 domain registrations.

99.% Service Level Agreement " SLA"
berylp Hosting offers its clients a 99.% network uptime guarantee for customer
satisfaction purposes and also to ensure that your business is running problem free.
 berylp Hosting will try to maintain maximum uptime. berylp Hosting is not responsible
 for any downtime caused by the client.

30-Day Money Back Guarantee
berylp Hosting offers an unconditional 30-day money back guarantee that covers
cancellations of an web hosting account made during the first 30 days of service, due
 to the inability to deliver satisfactory services. As a part of our strive to achieve
 industry leading customer satisfaction, the customer will be refunded all hosting
charges made to their credit card minus any setup fees which are non-refundable.
The guarantee does not apply to accounts with non-use, misuse, and/or abuse of this
agreement. Domain name registrations are also non-refundable. Any questions regarding
 the 30-day money back guarantee should be forwarded to sales@berylp.com.