- Payments and Billing – To ensure uninterrupted service, your Services will automatically renew up to fifteen (15) days prior to the end of your then-current Term. This section provides further information about Infinity BHT’s payments, billing, and auto-renewal policy.
- Refund Policy and Billing Disputes – This section describe the Money-Back Guarantee and Infinity BHT’s policy on issuing refunds.
- Termination of Services – Infinity BHT offers hosting plans for a fixed period of time that you select upon purchase (e.g. 1 month, 1 year, etc.). Even though we do not want you to, we know that one day you might want to leave Infinity BHT. You can cancel your account at any time by following the process described here.
- Bandwidth Usage – This section explains about Infinity BHT’s policy on Bandwidth Usage in more detail.
- Uptime Guarantee – Infinity BHT guarantees that its shared servers will be accessible 99.9% of the time in any given calendar month. This section explains Infinity BHT’s uptime guarantee and how to request a credit if Infinity BHT fails to meet its uptime guarantee.
- HIPAA Disclaimer – The Services do not comply with the U.S. Health Insurance Portability and Accountability Act (“HIPAA”). This section describes Infinity BHT’s policy on HIPAA in more detail.
These Terms of Service (the “Agreement”) are an agreement between The Endurance International Group, Inc. doing business as Infinity BHT (“Infinity BHT”) and you (“Customer,” “you” or “your”). This Agreement sets forth the general terms and conditions of your purchase and use of the products and services provided by Infinity BHT and of the Infinity BHT website (collectively, the “Services”). By purchasing and/or using the Services, you agree to be bound by this Agreement.
We may change or modify this Agreement at any time. We will post a notice of any significant changes to this Agreement on the Infinity BHT website for at least thirty (30) days after the changes are posted and will indicate at the bottom of this Agreement the date these terms were last revised. Any changes or modifications to this Agreement shall be effective and binding on you as of the date indicated in a notice posted on this page. If no date is specified, your use of the Services after such changes or modifications shall constitute your acceptance of the Agreement as modified. If you do not agree to abide by this Agreement, you are not authorized to use or access the Services.
The use of the Services is also governed by the following policies, which form part of this Agreement. By using the Services, you are also agreeing to the terms of the following policies:
Additional terms may apply to certain Services you purchase or receive through Infinity BHT including services provided by a third party. Such additional or third party services may be subject to additional terms that may be separately provided to you.
2. Account Ownership and Services Purchased
- We treat the individual or entity named in our records as the primary billing contact as the owner of the account.
- The Services offered by Infinity BHT are hosted on a server located in the United States (U.S.) unless otherwise expressly provided. By using the Services, you freely and specifically give Infinity BHT your consent to export your information and data to the U.S. regardless of where your Services or domains are hosted. You understand that data stored in the U.S. may be subject to lawful requests by the courts or law enforcement authorities in the U.S.
- Any features and details of the Services may be described on the web pages setting out the particular Services you have purchased. Infinity BHT may modify, change or discontinue any aspect of the Services at any time.
- Certain Services are provided by third parties and may be subject to such third parties’ terms and conditions.
3. Term of the Services
The initial term of the Services you purchase shall be for the period set forth in the registration form presented to you when you order the Services (the “Initial Term”). Unless you cancel prior to the end of the Initial Term, the Services will automatically renew for periods of equal length as the Initial Term (each a “Renewal Term”) unless otherwise provided. The Initial Term and all Renewal Terms, if any, shall be collectively referred to as the “Term.”
4. Payments and Billing
- Unless otherwise provided, Infinity BHT will automatically bill your payment method on file as follows: (i) up to fifteen (15) days prior to the end of your then current Term for all Services on a one (1) year plan or longer; (ii) up to five (5) days prior to the end of your then current Term for plans of less than one (1) year. You expressly acknowledge, agree, and authorize us to automatically bill the applicable fee and/or charge your credit card or other payment methods on file for each Renewal Term, unless you terminate or cancel the Services prior to such charge as provided in this section. All fees are billed in United States Dollars (“USD”) and are subject to change with prior notice to you. We will provide you with at least thirty (30) days’ notice of your renewal pricing before charging you on any annual or longer term plans.
- Infinity BHT is only able to automatically collect payment from customers with credit cards stored on file or active PayPal agreements and/or subscriptions. All other payment methods (e.g. one- time credit card payments, check, money order, PayPal one time payments, etc.) must be initiated manually by you. It is your responsibility to ensure that all fees are paid no later than their due date.
- As a customer of Infinity BHT, it is your responsibility to ensure that all billing information on file with Infinity BHT is accurate and that any credit card or other automated payment methods on file has sufficient funds for processing. You are solely responsible for any and all fees charged to your payment method by the issuer, bank, or financial institution including, but not limited to, membership, overdraft, insufficient funds and over the credit limit fees. Infinity BHT screens all orders for fraud. In certain cases, if your account is flagged for fraud, your order will not be processed. Infinity BHT has no liability for not providing Services, including third party services if your account fails the fraud screen.
5. Late Payments
- Any account not paid in full by the end of the Term will be given a seven (7) day grace period. If payment is not made within the seven (7) day grace period, Infinity BHT reserves the right to suspend your Services and to charge a ten dollar ($10) late fee for reinstating the Services. Infinity BHT reserves the right to terminate Services fourteen (14) days following suspension of Services for non-payment.
- Infinity BHT is not responsible for any damages or losses (including of any data) as a result of suspension or termination for non-payment of your account. In addition, Infinity BHT reserves the right to refuse to re-activate your Services until any and all outstanding invoices have been paid in full.
6. Chargebacks, Reversals, and Retrievals
If you have a billing issue, please contact Infinity BHT to address and resolve the issue. If Infinity BHT receives a chargeback or payment dispute from a credit card company or bank, your Services may be suspended without notice. A fifty dollar ($50) reinstatement fee plus any outstanding balances accrued as a result of the chargeback(s) must be paid in full before Services will be restored.
7. Termination of Services
- You may terminate the Services by submitting a cancellation request in writing by logging into Infinity BHT’s account center (your Aionios Customer Portal). In the event that you are unable to log in to your account with Infinity BHT, please contact our billing department via telephone or LiveChat and we will assist you.
- Cancellations must be requested via the form indicated above at least forty-eight (48) hours or more prior to the Service’s renewal date. If a cancellation notice is not received within the required timeframe, you will be billed for the next billing term and are responsible for payment as set forth above.
- Infinity BHT may terminate this Agreement at any time without notice. Should Infinity BHT terminate this Agreement for any reason other than a breach of this Agreement or a violation of the Acceptable Use Policy, all prepaid fees will be refunded.
8. Refusal of Service
- Infinity BHT reserves the right to refuse Services to anyone at any time. Any material that, in Infinity BHT’s judgment, is obscene, threatening, illegal, or violates this Agreement in any manner may be removed from Infinity BHT’s servers (or otherwise disabled), with or without notice.
- Any manner of communication with Infinity BHT’s staff that is belligerent, vulgar (curse words), highly rude, threatening, or abusive, as determined in Infinity BHT’s sole discretion, may result in suspension or termination of your account without any refund.
- Infinity BHT happily accepts orders from outside the United States but may limit accounts from certain countries with a high fraud rate. To help protect Infinity BHT and its customers from fraud, Infinity BHT may ask you to provide a copy of a government issued identification and/or a scan of the credit card used for the purchase. If you fail to satisfy these requests, the order may be denied.
9. Prohibited Persons (Countries, Regions, Entities, and Individuals)
Certain entities and individuals are prohibited from registering for and using the Services pursuant to export control laws and trade and economic sanctions imposed by the U.S. or other governments, as applicable. The U.S. Department of the Treasury, through the Office of Foreign Assets Control (“OFAC”), prohibits U.S. companies from engaging in all or certain commercial activities with certain sanctioned countries or regions (each a “Sanctioned Country/Region”) and certain individuals, organizations or entities, listed by OFAC as associated with “Specially Designated Nationals” (“SDN”). By using the Services you represent and warrant that you are not located in a Sanctioned Country/Region or listed as an SDN. Unless otherwise provided with express written permission, Infinity BHT does not register and prohibits the use of any Services in connection with any Country-Code Top Level Domain Name (“ccTLD”) for any Sanctioned Country/Region.
10. User Content
- Infinity BHT allows you to upload, publish, display and distribute information, text, photos, videos and other content on or through the Services (referred to as “User Content”). User Content includes any content posted by you and users of any of your websites created or hosted through the Services. You are solely responsible for any and all User Content and any transactions or other activities conducted on or through your websites. By posting or distributing User Content on or through the Services, you represent and warrant to Infinity BHT that (a) you have all necessary rights to post or distribute such User Content, and (b) your posting or distribution of such User Content does not infringe or violate the rights of any third party.
- You acknowledge and agree that Infinity BHT may, but is not obligated to, monitor User Content for any violations of this Agreement and may immediately take any corrective action in Infinity BHT’s sole discretion, including without limitation, removal of all or a portion of the User Content, and terminating any and all Services without a refund of any pre-paid fees. You hereby agree that Infinity BHT shall have no liability due to any corrective action that Infinity BHT may take, including without limitation, suspension or termination of the Services.
- Infinity BHT grants you a non-exclusive, non-transferable, worldwide, license to use technology provided by Infinity BHT solely to access and use the Services during the Term. Except for the rights explicitly granted herein, this license does not grant any additional rights to you. All right, title and interest in Infinity BHT’s technology shall remain with Infinity BHT, or its licensors. You are not permitted to circumvent any devices designed to protect Infinity BHT, or its licensor’s ownership interests in the technology provided to you. In addition, you may not reverse engineer this technology.
- Solely for the purpose of providing the Services, you grant Infinity BHT, or any third parties used by Infinity BHT to provide the Services, a non-exclusive, non-transferable, worldwide, royalty-free, license to use, disseminate, transmit and cache content, technology and information provided by you and, if applicable, your end users, including without limitation User Content. This license terminates on the expiration or termination of the Term unless earlier terminated as provided herein. All right, title and interest in your technology shall remain with you, or your licensors.
12. Service Modifications
Infinity BHT reserves the right to modify, change or discontinue any aspect of the Services at any time. However, Infinity BHT will provide you with advance notice of any material changes to the Services so you have an opportunity to cancel if you do not agree with any such changes. Infinity BHT is not responsible for any damages or loss of data resulting from such action.
13. Uptime Guarantee
- Infinity BHT guarantees that your website and services that directly affect its display to the Internet (such as HTTP or MySQL) will be accessible 99.9% of the time in any given calendar month. This guarantee does not apply to unmanaged virtual private servers (“VPS”) or unmanaged dedicated server plans. If Infinity BHT fails to meet its uptime guarantee, you will be issued a credit equivalent to one (1) month of service. The first forty-five (45) minutes (or 0.1%) of downtime per month are not counted towards any credit and the maximum credit available is one (1) month of Services. This uptime guarantee does not apply to planned maintenance. Approval of any credit is at the sole discretion of Infinity BHT and may be dependent upon the justification provided. To request a credit, please visit http://support.Infinity BHT.com to create a support ticket to our billing department with justification within thirty (30) days of the end of the month for which you are requesting a credit.
- Credits are only available for future Services and cannot be issued as refunds.
- The following circumstances are not eligible for credit and are specifically excluded from our Uptime Guarantee: scheduled maintenance, DDoS or similar attacks, hardware failure, third-party software failure, Customer maxing its resource container, issues resulting from errors or omissions by the Customer, issues relating to the Customer’s ISP, firewall blocks/bans, or any other circumstance beyond our reasonable control. All credits are issued at the discretion of Infinity BHT, based on its investigation of any issue that is covered by this section.
- If Infinity BHT provides a service level agreement for a particular Service, a credit shall be your sole and exclusive remedy for defects in, or issues with, such Service.
14. Support Policy
Infinity BHT provides support via email, phone, and tickets for the purpose of assisting with basic questions regarding the Services.
Your use of the Services is at your own risk. Infinity BHT is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all backup of User Content stored on Infinity BHT’s servers including without limitation your website files.
16. IP Address Allocation
Any dedicated IP order, in addition to what is provided with a hosting package, may be subject to IP justification. Justification practices are subject to change to remain in conformity with the policies of American Registry for Internet Numbers (“ARIN”) or other applicable registries. Infinity BHT reserves the right to deny any dedicated IP request based on insufficient justification or current IP utilization.
17. Customer Obligations
You represent and warrant to Infinity BHT that you: (i) will use the Services in compliance with all applicable laws, rules, and regulations, including without limitation, with respect to your websites and any User Content; and (ii) you are solely responsible for all activities conducted on or through any website on your account, including any transactions or interactions with end users of your website.
You acknowledge and agree that any use of the Services, including any information or content obtained through the Services, is at your own risk. Infinity BHT disclaims any warranty of merchantability or fitness for a particular purpose, including loss of data resulting from delays, delivery failures, wrong deliveries, and any and all interruptions to the Services caused by Infinity BHT or our employees. You further acknowledge and agree that Infinity BHT exercises no control over, and accepts no responsibility for, the content of the information passing through Infinity BHT’s host computers, network hubs and points of presence or the Internet.
19. Limitation of Liability
- IN NO EVENT WILL Infinity BHT OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES, OR ANY USER CONTENT, CUSTOMER WEBSITES OR OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH THE SERVICES, EVEN IF Infinity BHT IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Infinity BHT’S LIABILITY TO YOU OR ANY PARTY CLAIMING THROUGH YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO Infinity BHT FOR THE SERVICES IN THE ONE (1) MONTH PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.
You agree to indemnify, defend and hold harmless Infinity BHT, its affiliates, and their respective officers, directors, employees and agents (collectively, the “Indemnified Parties”) from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorneys’ fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of or relating to (i) your use of the Services, (ii) any breach or violation by you of this Agreement; or (iii) any of your acts or omissions. The terms of this section shall survive any termination of this Agreement.