All services provided by Bizzy Mama Hosting are subject to compliance with the terms and conditions set forth below.
Acceptance of Terms:
BY USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED HEREIN.
Bizzy Mama Hosting reserves the right to change or modify any of the terms and conditions at any time and for any reason at its sole discretion. Your continued use of Services following Bizzy Mama Hosting posting of any changes or modifications will constitute your acceptance of such changes or modifications.
Bizzy Mama Web Hosting only hosts *family friendly websites. All new accounts are manually verified by our staff, and if we deem your web content inappropriate, we reserve the right to suspend and/or terminate your account immediately without prior notice. This includes domain names of an inappropriate nature. If you have any question as to whether your website would be inappropriate for our servers, please contact us prior to placing your order. *Bizzy Mama Hosting alone will make the decision as to whether a site is family friendly.
Backlink/Copyright and License Usage:
Our ecommerce store builder software (Bizzy Boutique) is copyrighted property of Bizzy Mama Hosting and is non-transferable. You may not transfer our software to another hosting provider and you may not alter the core codes, including removing our copyright backlink without express written consent. If you are found to be in violation of this rule, we reserve the right to charge your account for our lifetime license fee ($100) and seek legal action at our discretion. Our Bizzy Boutique software is the property of Bizzy Mama Hosting and is subject to any and all applicable copyright laws. To move the software to a different hosting provider from our servers, a purchase of the lifetime license fee is required.
Limitation of Liability:
Your use of Bizzy Mama’s services are at your sole risk. All Bizzy Mama Hosting services are provided on an “AS IS” basis WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED, IMPLIED, CONSTRUCTIVE, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.
Bizzy Mama Hosting makes no guarantee of availability of service and reserves the right to change, withdraw, suspend, or discontinue any functionality or feature of the Bizzy Mama Hosting service for any reason at our sole discretion without liability or any responsibility for any consequences resulting from such change, withdraw, suspension, or discontinuance.
In no event will Bizzy Mama Hosting be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential, or punitive damages arising out of the use of or inability to use Bizzy Mama Hosting’s services or any content thereon. This disclaimer applies, without limitation, to any damages or injury, whether for breach of contract or any wrongful act, or otherwise, caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, defect, computer virus, file corruption, communication-line failure, network or system outage, or theft, destruction, unauthorized access to, alteration of, or use of any record. Bizzy Mama Hosting represents and warrants that services provided will be performed (1) in a manner consistent with industry standards; (2) at least at the same level of service as provided by any other company to its clients for the same or similar services; and (3) in compliance with all terms and conditions stated herein and elsewhere on our website.
We do not warrant reliability of any statement or information displayed, distributed through or accessible from this website. As a convenience to you, we may provide links to websites operated by other entities, and you agree that we have no responsibility for information which is referenced or linked by this site. We are not responsible for any third party transactions via other websites users or advertisers or affiliates associated with Bizzy Mama Hosting. If you have had an unsatisfactory transaction please resolve this directly with the third party. If you have had an unethical experience with one of our clients, staff members, advertisers or affiliates please email us at support at bizzymamahosting dot com and we will review the complaint and may remove them from our site at our sole discretion but we are not obligated to respond to your complaint. In the event that you have a dispute with one or more users of our services or other persons or entities advertising on the site, you agree to release Bizzy Mama Hosting and any and all entities associated with the above from any claims, damages and demands of any kind and nature, known and unknown, arising out of or in any way connected with such disputes. You agree to indemnify and hold Bizzy Mama Hosting harmless against all claims and expenses, including reasonable attorney’s fees, arising out of or related to your use of the Bizzy Mama Hosting services, violation of any law or regulation, violation of these terms and conditions, or violation of any proprietary or privacy right, or contracts formed with you through this site. By using our services you also agree that you have read and agree to be bound by the Mal’s E-commerce Terms of Service which can be found here: https://www.mals-e.com/tos.php
Termination of services:
CANCELLATION/TERMINATION: Cancellation/Termination of services by the client must be requested by following the proper procedure as laid out here. Any other method of attempted cancellation will not be accepted. Any and all hosting, domain and design fees are non-refundable and non-transferable. You are responsible for cancelling your account prior to any due dates or automatic payment withdraws for service. Refunds are not given for any fees paid because the client failed to cancel a subscription, or cancel their account prior to the due date. To cancel your account with Bizzy Mama Hosting, please follow these instructions: http://www.bizzymamahosting.com/support/knowledgebase.php?action=displayarticle&id=5 Any other methods or requests of account cancellation will not be honored. You must follow these instructions to cancel your hosting services and to stop having invoices generated for the account.
Hosting fees will be paid on time by client. Hosting fees are due on or before the day you signed up for service every month, or every 3 months, every 6 months or annually- depending on which payment option you chose when you signed up for services. Initial invoices are sent seven (7) days before your scheduled due date. A second invoice is issued two (2) days before your scheduled due date. Your first overdue notice can be expected the day after your due date. You will continue to receive notices until your “Third Overdue Notice”.
SERVICE SUSPENSION: Accounts will be suspended 5 days following non-payment of an invoice, and terminated (completely deleted forever) from our server on the 15th day following the most recent unpaid invoice. (For example, if your invoice is due on the 1st, and is not paid, your services will be suspended on the 5th, and if still not paid, terminated on the 15th). It’s important to remember that we do not issue refunds for “unused time” under any circumstances.
Bizzy Mama Hosting is not responsible for lost sales, data, web templates and/or design, information, content, website traffic, codes, or anything else related to your website and/or web hosting services being lost, ruined, changed, altered in any way or edited due to account suspension and/or termination- or for any other reason both implied and stated herein. Accounts that are terminated off our servers have been removed forever. There are no “un-do’s” on terminations. We are unable to retreive terminated accounts. This includes any and all of the details listed above. Once your site is terminated off our servers, the information and all included is gone forever.
SUBSCRIPTION PAYMENTS: An important note about Paypal and other automatic subscription payments: refunds may not be issued on accounts that fail to cancel their Paypal subscriptions. You are responsible for managing and cancelling your own automatic subscription agreements with Paypal. To cancel your Paypal subscription, follow these instructions: http://www.bizzymamahosting.com/support/knowledgebase.php?action=displayarticle&id=124
REFUNDS: A refund of hosting fees will be issued if a new client chooses to cancel their account within the first 30 days of service with Bizzy Mama. This refund is for hosting fees only, not for any web design, set-up, domain or additional service fees. Refunds are issued within 30 days of request, and the proper account cancellation procedure must be completed prior to your 30th day of service for the refund request to be honored. Refunds are not given to clients who sign up for annual services and attempt to cancel after their first 30 days of service. If you commit to annual services, and want to cancel after 31 days of service, a refund will not be issued under any circumstances. Signing up for and usage of our services indicates your compliance with these terms. To cancel your services with Bizzy Mama Hosting, please follow these directions: http://www.bizzymamahosting.com/support/knowledgebase.php?action=displayarticle&id=5 Any other methods or requests of account cancellation will not be honored. You must follow these instructions to cancel your hosting services and to stop having invoices generated for the account.
To further explain our refund policy, if you sign up, and choose to pay a year in advance with our annual commitment plan, and then want to cancel on day 31-354, a refund will not be issued under any circumstances. You will lose any unused time that has been paid for. We feel that a 30 day money back guarantee is plenty of time to decide if our services will meet your needs.
CHARGEBACKS/PAYPAL CLAIMS: If you are due a refund, you will be issued a refund. Chargebacks and PayPal claims are never acceptable ways to request or attempt to get a refund. Filing a chargeback request or PayPal claim on a valid transaction is fraud and will be treated as such. We will never hesitate to pursue our full legal options to recover all funds and fees associated if a chargeback or PayPal claim is filed against Bizzy Mama Hosting.
Clients who have their hosting account suspended on more than 3 occasions over the life of their hosting account with Bizzy Mama Hosting may at any subsequent suspension be charged a reconnect fee of $10.00. To avoid being charged a reconnect fee, please be sure to pay your hosting invoices on time.
If you have any questions about our refund policy, please open a support ticket.
By signing up for and utilizing our services, you agree to maintain a regular backup schedule for all of your website content. Bizzy Mama Hosting does not guarantee that we will have a current backup of your website on hand, nor do we guarantee that we will run backups of your website content for you. Any potential backups that we do provide are provided as a courtesy and we do not guarantee that our backups are full or complete or that they will always be available. You are asked to maintain your own website backups. Clients are responsible for running, maintaining and saving a current backup in the event it is needed. Bizzy Mama Hosting shall not be held responsible for lost content or data due to client’s failure to maintain appropriate backups.
Under no circumstances will Bizzy Mama Hosting be liable for any direct, indirect, incidental, consequential or punitive damages resulting from client’s website sales or lack thereof. Client is responsible for adding and promoting their own products and/or services. Clients are responsible for running their own website backups. Sites containing pornography or unlawful content are not allowed on Bizzy Mama Hosting’s server and will be deleted immediately. Clients are responsible for conducting and maintaining their own individual businesses. Clients are responsible and required to abide by the terms and conditions stated herein and elsewhere on our website and of those websites affiliated and/or associated with Bizzy Mama Hosting as necessary in the course of business and/or required by law.
Bizzy Mama Hosting will not be held responsible for any agreement, contract or business you have with any site hosted with Bizzy Mama Hosting this includes but is not limited to a web or template designer of your choosing. All sites hosted on Bizzy Mama Hosting’s servers are separate and independently owned businesses and Bizzy Mama Hosting maintains nor holds any responsibility for the actions of our clients or any activity that may occur during any normal or outstanding act or course of business with said clients or with any business or entity associated with Bizzy Mama Hosting.
Clients hosted on Bizzy Mama Hosting’s servers are not allowed to post, reproduce or use copyrighted materials on their website without express written permission from the copyright holder. The use of copyrighted materials without permission from the copyright holder is a violation of U.S. copyright laws. Any client hosted at Bizzy Mama Hosting who has been proven by a court of law that they have violated U.S. copyright laws will be given a notice of termination and removed from our servers immediately if they do not comply with the removal of all proven copyrighted materials. This includes but is not limited to written content and/or images. Bizzy Mama Hosting shall not be held liable for any direct, indirect, incidental, consequential or punitive damages resulting from client’s unlawful use of such copyrighted materials.
All materials on Bizzy Mama Hosting is copyrighted and we retain ownership of all rights, title and interest in all copyrights in all documents, text, images created or owned by and displayed on this site. Do not reprint or reproduce any material for website or public use without permission from the owners of this site. You agree not to post or distribute on this site any information which infringes on a third party’s copyright or other proprietary rights.
Use of Your Personal Information:
Although we strive to protect your personal privacy, there are events in which we may need to disclose your personal information. Bizzy Mama Hosting may disclose your information if required to do so by law, if we have a good-faith belief that it is necessary to comply with a legal proceeding against Bizzy Mama Hosting, or if it is necessary to protect copyrighted property of Bizzy Mama Hosting.