These Terms of Service (the "Agreement") are an agreement between Barnes Information Technology Solutions , LLC("Barnes Information Technology Solutions " or "us" or "our") and you ("User" or "you" or "your"). This Agreement sets forth the general terms and conditions of your use of the products and services made available by Barnes Information Technology Solutions and of the Barnesinfotech.com website (collectively, the "Services"). By using the Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Services.
· Additional Policies and Agreements
o Use of the Services is also governed by the following policies, which are incorporated by reference. By using the Services, you also agree to the terms of the following policies.
§ Acceptable Use Policy (Barnes Information Technology Solutions adopts the policies of its Hosting Provider and reserves the right to hold it’s Users accountable for violation of this policy) Any violation is subject to cancellation of services.
o Additional terms may also apply to certain Services, and are incorporated by reference herein as applicable. For example, if you register a domain name with us, then the Domain Registration Agreement will also apply to you and would be incorporated herein.
· Account Eligibility
o By registering for or using the Services, you represent and warrant that:
§ You are eighteen (18) years of age or older. The Services are intended solely for Users who are eighteen (18) years of age or older. Any registration, use of or access to the Services, by anyone under eighteen (18) is unauthorized and is a violation of this Agreement.
§ If you use the Services on behalf of another party you agree that you are authorized to bind such other party to this Agreement and to act on such other party's behalf with respect to any actions you take in connection with the Services.
o It is your responsibility to provide accurate, current, and complete information on the registration forms, including an email address that is different from the domain you are signing up under. If there is ever an abuse issue or we need to contact you, we will use the primary email address we have on file. It is your responsibility to ensure that the contact information for your account, including any domain accounts is accurate, correct and complete at all times. Barnes Information Technology Solutions is not responsible for any lapse in the Services, including without limitation, any lapsed domain registrations due to outdated contact information being associated with the domain. If you need to verify or change your contact information, you may utilize the Barnes Information Technology Solutions Client Portal to update your contact information. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or certain other cases, you may be required to provide government issued identification and possibly a scan of the credit card used for verification purposes. Failure to provide the information requested may result in your order being denied.
o You agree to be fully responsible for all use of your account and for any actions that take place through your account. It is your responsibility to maintain the confidentiality of your password and other information related to the security of your account.
o Any dedicated IP order in addition to those provided with a hosting package may be subject to IP justification. IP justification practices are subject to change to remain in compliance with the policies of the American Registry for Internet Numbers (ARIN). We reserve the right to deny any dedicated IP request based on insufficient justification or current IP utilization.
o The Service and any data you provide to Barnes Information Technology Solutions is hosted in the United States (U.S.) unless otherwise provided. If you access the Service from outside of the U.S., you are voluntarily transferring information (potentially including personally-identifiable information) and content to the U.S. and you agreeing that our collection, use, storage and sharing of your information and content is subject to the laws of the U.S., and not necessarily of the jurisdiction in which you are located.
· Transfers
Our Transfers Team will make every effort to help you move your website to us. Transfers are provided as a courtesy service. We do not make any guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult, if not impossible, to migrate some or all account data. In some cases we may not be able to assist you in a transfer of data from an old host. The free transfer service is available for thirty (30) days from your sign up date. Transfers outside of the thirty (30) day period will incur a charge; please contact a member of our Transfers department to receive a price quote. In no event shall Barnes Information Technology Solutions be held liable for any lost or missing data or files resulting from a transfer to or from Barnes Information Technology Solutions . You are solely responsible for backing up your data in all circumstances.
· Barnes Information Technology Solutions Content
Except for User Content (as defined below), all content available through the Services, including designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (collectively, "Barnes Information Technology Solutions Content"), are the proprietary property of Barnes Information Technology Solutions or Barnes Information Technology Solutions 's licensors. Barnes Information Technology Solutions Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any Barnes Information Technology Solutions Content. Any use of Barnes Information Technology Solutions Content, other than as specifically authorized herein, is prohibited and will automatically terminate your rights to use the Services and any Barnes Information Technology Solutions Content. All rights to use Barnes Information Technology Solutions Content that are not expressly granted in this Agreement are reserved by Barnes Information Technology Solutions and Barnes Information Technology Solutions 's licensors.
· User Content
o
You may be able to upload, store, publish, display and distribute
information, text, photos, videos and other content on or through the Services
(collectively, "User Content"). User Content includes any content
posted by you or by users of any of your websites hosted through the Services
("User Websites"). You are solely responsible for any and all User
Content and any transactions or other activities conducted on or through User
Websites. By posting or distributing User Content on or through the Services,
you represent and warrant to Barnes Information Technology Solutions that (i)
you have all the necessary rights to post or distribute such User Content, and
(ii) your posting or distribution of such User Content does not infringe or
violate the rights of any third party.
Solely for purposes of providing the Services, you hereby grant to Barnes
Information Technology Solutions a non-exclusive, royalty-free, worldwide
right and license to: (i) use, reproduce, publicly perform, publicly display,
modify, translate, excerpt (in whole or in part), publish and distribute User
Content; and (ii) make archival or back-up copies of User Content and User
Websites. Except for the rights expressly granted herein, Barnes Information
Technology Solutions does not acquire any right, title or interest in or to
the User Content, all of which shall remain solely with you.
o Barnes Information Technology Solutions exercises no control over, and accepts no responsibility for, User Content or the content of any information passing through Barnes Information Technology Solutions 's computers, network hubs and points of presence or the Internet. Barnes Information Technology Solutions does not monitor User Content. However, you acknowledge and agree that Barnes Information Technology Solutions may, but is not obligated to, immediately take any corrective action in Barnes Information Technology Solutions 's sole discretion, including without limitation removal of all or a portion of the User Content or User Websites, and suspend or terminate any and all Services without refund if you violate the terms of this Agreement. You hereby agree that Barnes Information Technology Solutions shall have no liability due to any corrective action that Barnes Information Technology Solutions may take.
· Compliance with Applicable Law.
o You
agree to comply with all applicable laws, rules, and regulations, including
without limitation all local rules where
you reside or your organization is location regarding User Content, User
Websites, online activities, email and your
use of the Services. More specifically, but without limitation, you agree to
comply with all applicable laws regarding
the transmission of technical data exported to or from the United States or the
country in which you reside. The
Services are controlled and operated by us from our offices within the United
States (although we may share data
with third parties around the world to assist us in providing the Services as
further described in our Privacy Policy)
and we make no representation that the Services are appropriate or available
for use in other locations. Those who
access the Services from other locations do so at their own initiative and
risk, and are fully responsible for compliance
with all applicable laws in those locations. We do not offer the Services where
prohibited by law.
For the purposes of European Directive 95/46/EC,
the General Data Protection Regulation 2016/679) (“GDPR”) and any
applicable national implementing laws in your jurisdiction, and with respect to
your subscribers’ or customers’ personal
data, you acknowledge and agree that you are the Controller (as that term is
defined in the GDPR), and we are a
Processor (as that term is defined in the GDPR) insofar as you may store
personal data through your use of our Services
only as permitted and subject to the terms of this Agreement. You also
acknowledge and agree that you are responsible
for complying with all obligations of a data controller under applicable law
(including the GDPR).
To the extent the GDPR applies to you, you
represent and warrant that in using our Services, you will clearly describe
in writing how you plan to use any personal data collected and you will ensure
you have a legitimate legal basis to transfer
such personal data to us and that you have the necessary permission to allow us
to receive and process (e.g., store) such
personal data on your behalf.
· Third Party Products and Services
o
Third Party Providers
Barnes Information Technology Solutions may offer certain third party products
and services. Such products and services may be subject to the terms and conditions
of the third party provider. Discounts, promotions and special third party
offers may be subject to additional restrictions and limitations by the third
party provider. You should confirm the terms of any purchase and the use of
goods or services with the specific third party provider with whom you are
dealing.
Barnes Information Technology Solutions does not make any representations or
warranties regarding, and is not liable for, the quality, availability, or
timeliness of goods or services provided by a third party provider. You
undertake all transactions with these third party providers at your own risk.
We do not warrant the accuracy or completeness of any information regarding
third party providers. Barnes Information Technology Solutions is not an
agent, representative, trustee or fiduciary of you or the third party provider
in any transaction.
o
Barnes Information Technology Solutions as Reseller or
Licensor
Barnes Information Technology Solutions may act as a reseller or licensor of
certain third party services, hardware, software and equipment used in
connection with the Services ("Non-Barnes Information Technology
Solutions Products"). Barnes Information Technology Solutions shall not
be responsible for any changes in the Services that cause any Non-Barnes
Information Technology Solutions Products to become obsolete, require
modification or alteration, or otherwise affect the performance of the
Services. Any malfunction or manufacturer's defects of Non-Barnes Information
Technology Solutions Products, either sold, licensed or provided by Barnes
Information Technology Solutions to you will not be deemed a breach of Barnes
Information Technology Solutions 's obligations under this Agreement. Any
rights or remedies you may have regarding the ownership, licensing, performance
or compliance of any Non-Barnes Information Technology Solutions Product are
limited to those rights extended to you by the manufacturer of such Non-Barnes
Information Technology Solutions Product. You are entitled to use any Non-Barnes
Information Technology Solutions Product supplied by Barnes Information
Technology Solutions only in connection with your use of the Services as
permitted under this Agreement. You shall make no attempt to copy, alter,
reverse engineer, or tamper with such Non-Barnes Information Technology
Solutions Product or to use it other than in connection with the Services. You
shall not resell, transfer, export or re-export any Non-Barnes Information
Technology Solutions Product, or any technical data derived therefrom, in
violation of any applicable law, rules or regulations.
o
Third Party Websites
The Services may contain links to other websites that are not owned or
controlled by Barnes Information Technology Solutions ("Third Party
Sites"), as well as articles, photographs, text, graphics, pictures,
designs, sound, video, information, and other content or items belonging to or
originating from third parties ("Third Party Content"). We are not
responsible for any Third Party Sites or Third Party Content accessed through
the Services. Third Party Sites and Third Party Content are not investigated,
monitored or checked for accuracy, appropriateness, or completeness by us. If
you decide to access Third Party Sites or to access or use any Third Party
Content, you do so at your own risk and you should be aware that our terms and
policies no longer govern. You should review the applicable third party's terms
and policies, including privacy and data gathering practices of any website to
which you navigate.
·
Prohibited Persons (Countries, Entities, And
Individuals).
The Services are subject to export control and economic sanctions laws and
regulations administered or enforced by the United States Department of
Commerce, Department of Treasury’s Office of Foreign Assets Control (“OFAC”),
Department of State, and other United States authorities (collectively, “U.S.
Trade Laws”). You may not use the Services to export or reexport, or permit the
export or reexport, of software or technical data in violation of U.S. Trade
Laws. In addition, by using the Services, you represent and warrant that you
are not (a) an individual, organization or entity organized or located in a
country or territory that is the target of OFAC sanctions (including Cuba,
Iran, Syria, Sudan, North Korea, or the Crimea region of Ukraine); (b)
designated as a Specially Designated National or Blocked Person by OFAC or
otherwise owned, controlled, or acting on behalf of such a person; (c)
otherwise a prohibited party under U.S. Trade Laws; or (d) engaged in nuclear,
missile, chemical or biological weapons activities to which U.S. persons may
not contribute without a U.S. Government license. Unless otherwise provided
with explicit written permission, Barnes Information Technology Solutions also
does not register, and prohibits the use of any of our Services in connection
with, any Country-Code Top Level Domain Name (“ccTLD”) for any country or
territory that is the target of OFAC sanctions. The obligations under this
section shall survive any termination or expiration of this Agreement or your
use of the Services.
· Account Security and Barnes Information Technology Solutions Systems.
o It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of the installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. You are required to use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change or update your password before suspending your account.
o The Services, including all related equipment, networks and network devices are provided only for authorized customer use. Barnes Information Technology Solutions may, but is not obligated to, monitor our systems, including without limitation, to ensure that use is authorized, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. By using the Services, you consent to monitoring for these purposes.
o Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control requires the express written consent of the third party. Barnes Information Technology Solutions may, at our discretion, request documentation to prove that your access to a third party network or system is authorized.
o Any account which causes us to receive an abuse report may be terminated and/or have access to services suspended. If you do not remove malicious content from your account after being notified by Barnes Information Technology Solutions of an issue, we reserve the right to leave access to services disabled.
o Barnes Information Technology Solutions reserves the right to migrate your account from one data center to another in order to comply with applicable data center policies, local law or for technical or other reasons without notice.
·
HIPAA Disclaimer. We are not "HIPAA
compliant."
You are solely responsible for any applicable compliance with federal or state
laws governing the privacy and security of personal data, including medical or
other sensitive data. You acknowledge that the Services may not be appropriate
for the storage or control of access to sensitive data, such as information
about children or medical or health information. Barnes Information Technology
Solutions does not control or monitor the information or data you store on, or
transmit through, the Services. We specifically disclaim any representation or
warranty that the Services, as offered, comply with the federal Health
Insurance Portability and Accountability Act ("HIPAA"). Customers
requiring secure storage of "protected health information" as defined
under HIPAA are expressly prohibited from using the Services for such purposes.
Storing and permitting access to "protected health information" is a
material violation of this Agreement, and grounds for immediate account
termination. We do not sign "Business Associate Agreements" and you
agree that Barnes Information Technology Solutions is not a Business Associate
or subcontractor or agent of yours pursuant to HIPAA. If you have questions
about the security of your data, you should contact info@barnesinfotech.com.
· Compatibility with the Services
o You agree to cooperate fully with Barnes Information Technology Solutions in connection with Barnes Information Technology Solutions 's provision of the Services. It is solely your responsibility to provide any equipment or software that may be necessary for your use of the Services. To the extent that the performance of any of our obligations under this Agreement may depend upon your performance of your obligations, Barnes Information Technology Solutions is not responsible for any delays due to your failure to timely perform your obligations.
o You are solely responsible for ensuring that all User Content and User Websites are compatible with the hardware and software used by Barnes Information Technology Solutions to provide the Services, which may be changed by Barnes Information Technology Solutions from time to time in our sole discretion.
o You are solely responsible for backing-up all User Content, including but not limited to, any User Websites. Barnes Information Technology Solutions does not warrant that we back-up any User Content, and you agree to accept the risk of loss of any and all User Content.
· Billing and Payment Information
o
Prepayment.
It is your responsibility to ensure that your payment information is up to
date, and that all invoices are paid on time. You agree to pay for the Services
in advance of the time period during which such Services are provided. Subject
to applicable laws, rules, and regulations, payments received will be first
applied to the oldest outstanding invoice in your billing account.
o
Autorenewal.
Unless otherwise provided, you agree that until and unless you notify Barnes
Information Technology Solutions of your desire to cancel the Services, you
will be billed on an automatically recurring basis to prevent any disruption to
your Services, using your credit card or other billing information on file with
us.
o
Taxes.
Listed fees for the Services do not include any applicable sales, use, revenue,
excise or other taxes imposed by any taxing authority. Any applicable taxes
will be added to Barnes Information Technology Solutions 's invoice as a
separate charge to be paid by you. All fees are non-refundable when paid unless
otherwise stated.
o
Late Payment.
All invoices must be paid within ten (10) days of the invoice due date. Any
invoice that is outstanding for more than ten (10) days may result in the
suspension or termination of Services. Access to the account will not be
restored until payment has been received. If you fail to pay the fees as
specified herein, Barnes Information Technology Solutions may suspend or
terminate your account and pursue the collection costs incurred by Barnes
Information Technology Solutions , including without limitation, any
arbitration and legal fees, and reasonable attorneys' fees. Barnes Information
Technology Solutions will not activate new orders or activate new packages for
customers who have an outstanding balance on their account.
Dedicated servers are subject to being reclaimed and all content
deleted if you fail to make a timely payment. If you make a late payment we do
not automatically reactivate the dedicated servers. Contact Barnes Information
Technology Solutions directly after you make a late payment to reactivate the
dedicated server.
o
Domain Payments.
It is solely your responsibility to notify Barnes Information Technology
Solutions 's Billing department via a support ticket created from https://barnesinfotech.com after purchasing a
domain. Domain renewal notices are provided as a courtesy reminder and Barnes
Information Technology Solutions is not responsible for a failure to renew a
domain or a failure to notify a customer about a domain's renewal. Domain
renewals are billed and renewed thirty (30) days before the renew date.
o
Fraud.
It is a violation of this Agreement for you to misuse or fraudulently use
credit cards, charge cards, electronic funds transfers, electronic checks, or
any other payment method. Barnes Information Technology Solutions may report
any such misuse or fraudulent use, as determined in Barnes Information
Technology Solutions 's sole discretion, to governmental and law enforcement
authorities, credit reporting services, financial institutions and/or credit
card companies.
o
Invoice Disputes.
You have ninety (90) days to dispute any charge or payment processed by Barnes
Information Technology Solutions . If you have any questions concerning a
charge on your account, please reach out to our billing department for
assistance.
o
Payment Card Industry Security Standard Disclaimer.
Barnes Information Technology Solutions complies with the Payment Card Industry
Security Standard ("PCI Standard") in connection with the collection
and processing of our customer's data and billing information. However, you are
solely responsible for the security of the data and billing information on your
User Website. Barnes Information Technology Solutions does not monitor User
Websites for PCI compliance and we are not able to verify whether a User
Website complies with the PCI Standard.
· Money-Back Guarantee.
o
Managed Shared, VPS and Reseller Services.
Barnes Information Technology Solutions offers a fifteen (15) day money-back
guarantee for Barnes Information Technology Solutions 's managed shared, VPS,
and reseller hosting services only.
Subject to the terms described in Section 13 below, if you are not completely
satisfied with these hosting services and you terminate
your account within fifteen (15) days of signing up for the Services, you will
be given a full refund of the amount paid for hosting.
This money-back guarantee only applies to fees paid for hosting services and
does not apply to domains. administrative fees,
install fees for custom software or other setup fees, or to any fees for any
other additional services.
· Cancellations and Refunds.
o
Payment Method.
No refunds will be provided if you use any of the
following methods of payment: bank wire transfers, Western Union payments,
checks and money orders. If you use any of these payment methods, any
applicable credit will be posted to your hosting account instead of a refund.
o
Money-Back Guarantee.
If an account with a fifteen (15) day money-back guarantee is purchased and
then cancelled within the first 15 (15) days of the beginning of the term (the
"Money-Back Guarantee Period"), you will, upon your written request
to the Barnes Information Technology Solutions Support Team (the "Refund
Request") within ninety (90) days of such termination or cancellation
("Notice Period"), receive a full refund of all basic shared, VPS and
reseller hosting fees previously paid by you to Barnes Information Technology
Solutions for the initial term ("Money-Back Guarantee Refund");
provided that such Money-Back Guarantee Refund shall be due to you only upon
your compliance with, and subject in all respects to the terms and conditions
of, this Section 13. Requests for these refunds must be made in writing to the Barnes
Information Technology Solutions Support Team. Refunds will only be issued for
basic shared, VPS and reseller hosting services and will not include domains,
administrative fees, install fees for custom software or other setup fees, nor
will they include any fees for any other additional services. Money-Back
Guarantee Refunds will not accrue, and shall not be paid under any
circumstances, if you do not provide the applicable Refund Request within the
Notice Period.
o
Refund Eligibility.
Only first-time accounts are eligible for a refund. For example, if you've had
an account with us before, canceled and signed up again, or if you have opened
a second account with us, you will not be eligible for a refund. Violations
of this Agreement will waive your rights under the refund policy.
o
Non-refundable Products and Services.
There are no refunds on dedicated servers, administrative fees, and install
fees for custom software. Please note that domain refunds will only be
considered if the domain was ordered in conjunction with a hosting package and
will be issued at Barnes Information Technology Solutions 's sole discretion.
Any refunds issued for domain names will be reduced by the market value of the
gTLD. Purchases of ccTLDs are non-refundable.
o
Cancellation Process.
You may terminate or cancel the Services by giving Barnes Information
Technology Solutions written notice via the cancellation
form provided. In such event: (i) you shall be obligated to pay all fees and
charges accrued prior to the effectiveness of such cancellation and (ii) Barnes
Information Technology Solutions may, in our sole discretion, refund all
pre-paid fees for basic hosting services for the full months remaining after
the effectiveness of such cancellation (i.e. no partial month fees shall be
refunded) less any setup fees, applicable taxes and any discount applied for
prepayment, provided that you are not in breach of this Agreement.
Once we receive your cancellation form and have confirmed all necessary
information with you via email, we will inform you in writing (typically email)
that your account has been canceled. Your cancellation confirmation will
contain a ticket/tracking number in the subject line for your reference and for
verification purposes. You should immediately receive an automatic email with a
tracking number stating that "Your request has been received...." Barnes
Information Technology Solutions will confirm your request and process your
cancellation shortly thereafter. If you do not hear back from us, or do not
receive the automatic confirmation email within a few minutes after submitting
your cancellation form, please contact us immediately via phone at:
1-866-964-2867.
We require all cancellations to be done through the online form in order to (a)
confirm your identity, (b) confirm in writing that you are prepared for all of
your files and emails to be removed, and (c) document the request. This process
aims to reduce the likelihood of mistakes, fraudulent/malicious requests, and
to ensure that you are aware that your files, emails, and account may be
removed immediately and permanently after a cancellation request is processed.
Cancellations for shared and reseller accounts will be effective on the
account's renewal date. Cancellations for dedicated and VPS accounts will be
effective immediately.
o Domains.
§ Domain
Renewals.
Domain renewals are billed and renewed thirty (30) days before the renewal
date. It is your responsibility to notify Barnes Information Technology
Solutions 's
Billing department via a support ticket created from https://barnesinfotech.com
to cancel any domain registration at least thirty (30)
days prior to the renewal date. No refunds will be given once a domain is
renewed. All domain registrations and renewals are final.
§
Domain Name Fees.If your plan includes a free domain name and you cancel within 1 year, our
standard fee of $15.00 for the domain name (and any
applicable taxes) (the "Domain Name Fee") will be deducted from your
refund.
o
Foreign Currencies.
Exchange rate fluctuations for international payments are constant and
unavoidable. All refunds are processed in U.S. dollars and will reflect the
exchange rate in effect on the date of the refund. All refunds are subject to
this fluctuation and Barnes Information Technology Solutions is not responsible
for any change in exchange rates between the time of payment and the time of
refund.
o
Termination
Barnes Information Technology Solutions may terminate your access to the
Services, in whole or in part, without notice in the event that: (i) you fail
to pay any fees due; (ii) you violate this Agreement; (iii) your conduct may
harm Barnes Information Technology Solutions or others or cause Barnes
Information Technology Solutions or others to incur liability, as determined by
Barnes Information Technology Solutions in our sole discretion; or (iv) as
otherwise specified in this Agreement. In such event, Barnes Information
Technology Solutions shall not refund to you any fees paid in advance of such
termination, and you shall be obligated to pay all fees and charges accrued
prior to the effectiveness of such termination. Additionally, Barnes
Information Technology Solutions may charge you for all fees due for the
Services for the remaining portion of the then current term.
UPON TERMINATION OF THE SERVICES FOR ANY REASON, USER CONTENT, USER
WEBSITES, AND OTHER DATA WILL BE DELETED.
· CPU, Bandwidth and Disk Usage
o
Permitted CPU and Disk Usage.
All use of hosting space provided by Barnes Information Technology Solutions is
subject to the terms of this Agreement and the Acceptable Use Policy.
§ Shared hosting space may only be used for web files, active email and content of User Websites. Shared hosting space may not be used for storage (whether of media, emails, or other data), including, as offsite storage of electronic files, email or FTP hosts. Barnes Information Technology Solutions expressly reserves the right to review every shared account for excessive usage of CPU, disk space and other resources that may be caused by a violation of this Agreement or the Acceptable Use Policy. Barnes Information Technology Solutions may, in our sole discretion, terminate access to the Services, apply additional fees, or remove or delete User Content for those accounts that are found to be in violation of Barnes Information Technology Solutions 's terms and conditions.
§ Dedicated and VPS usage is limited by the resources allocated to the specific plan that you have purchased.
o
Bandwidth Usage.
Shared servers are not limited in their bandwidth allowance. Unlimited
bandwidth usage is not available for resellers, dedicated or VPS servers, which
are subject to the terms of the plan you purchased and can be viewed in your
control panel.
· Reseller Terms and Client Responsibility
o Resellers shall ensure that each of their clients complies with this Agreement.
o Resellers are responsible for supporting their clients. Barnes Information Technology Solutions does not provide support to clients of Barnes Information Technology Solutions 's resellers. If a reseller's client contacts Barnes Information Technology Solutions , Barnes Information Technology Solutions reserves the right to place a reseller client account on hold until the reseller can assume responsibility for the reseller's client. All support requests must be made by the reseller on its client's behalf for security purposes.
o Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients. Barnes Information Technology Solutions will hold any reseller responsible for any of their client's actions that violate the law or this Agreement.
o Barnes Information Technology Solutions is not responsible for the acts or omissions of our resellers. The reseller hereby agrees to indemnify Barnes Information Technology Solutions from and against any and all claims made by any User arising from the reseller's acts or omissions.
o Barnes Information Technology Solutions reserves the right to revise our Reseller Program at any time. Changes shall take effect when posted online or on any subsequent date as may be set forth by Barnes Information Technology Solutions .
o Resellers in the Barnes Information Technology Solutions Reseller Program assume all responsibility for billing and technical support for each of the Users signed up by the reseller.
·
Shared (non-reseller accounts)
Shared accounts may not be used to resell web hosting to others. If you wish to
resell hosting you must use a reseller account.
·
Dedicated Servers
Barnes Information Technology Solutions reserves the right to reset the
password on a dedicated server if the password on file is not current so that
we may do security audits as required by our datacenter. It is your
responsibility to ensure that there is a valid email address and current root
password on file for your dedicated server to prevent downtime from forced
password resets. Barnes Information Technology Solutions reserves the right to
audit servers as needed and to perform administrative actions at the request of
our datacenter. Dedicated servers are NOT backed up by us. It is your
responsibility to maintain backups. Dedicated servers that have invoices
outstanding for more than ten (10) days may be subject to deletion which will
result in the loss of all data on the server. Barnes Information Technology
Solutions will not be liable for any loss of data resulting from such deletion.
·
Price Change
Barnes Information Technology Solutions reserves the right to change prices or
any other charges at any time. We will provide you with at least thirty (30)
days notice before charging you with any price change on any annual or longer
term plans. It is your sole responsibility to periodically review billing
information provided by Barnes Information Technology Solutions through the
user billing tool or through other methods of communication, including notices
sent or posted by Barnes Information Technology Solutions .
·
Coupons
Discounts and coupon codes are reserved for first-time accounts or first-time
customers only and may not be used towards the purchase of a domain
registration unless otherwise specified. If you have previously signed up using
a particular domain, you may not sign up again for that domain using another
coupon at a later date. Any account found in violation of these policies will
be reviewed by our Sales department and the appropriate charges will be added
to the account. Coupon abuse will not be tolerated and may result in the
suspension or termination of your account. All coupons and discounts are only
valid towards the initial purchase and do not affect the renewal or recurring
price.
·
Limitation of Liability
IN NO EVENT WILL BARNES INFORMATION TECHNOLOGY SOLUTIONS ITS DIRECTORS,
EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON 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, USER WEBSITES OR OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH
THE SERVICES, EVEN IF BARNES INFORMATION TECHNOLOGY SOLUTIONS IS AWARE OR HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BARNES INFORMATION
TECHNOLOGY SOLUTIONS '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 BARNES INFORMATION TECHNOLOGY SOLUTIONS FOR
THE SERVICES IN THE THREE (3) MONTHS 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.
·
Indemnification
You agree to indemnify, defend and hold harmless Barnes Information Technology
Solutions , our affiliates, and their respective officers, directors,
employees and agents (each an "Indemnified Party" and, 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 attorney's 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 acts or omissions by you. The terms of this section shall survive any
termination of this Agreement.
·
Arbitration
By using the Services, you hereby submit to the exclusive jurisdiction of the
American Arbitration Association ("AAA") in connection with any
dispute relating to, concerning or arising out of this Agreement. The
arbitration will be conducted before a single arbitrator chosen by Barnes
Information Technology Solutions and will be held at the AAA location chosen by
Barnes Information Technology Solutions in Michigan. Payment of all filing,
administrative and arbitrator fees will be governed by the AAA's rules, unless
otherwise stated in this paragraph. In the event you are able to demonstrate
that the costs of arbitration will be prohibitive as compared to the costs of
litigation, Barnes Information Technology Solutions will pay as much of your
filing, administrative, and arbitrator fees in connection with the arbitration
as the arbitrator deems necessary to prevent the arbitration from being
cost-prohibitive. The arbitration before the AAA shall proceed solely on an
individual basis without the right for any claims to be arbitrated on a class
action basis or on bases involving claims brought in a purported representative
capacity on behalf of others. The Federal Arbitration Act, and not any state
arbitration law, governs all arbitration under this paragraph. All decisions
rendered by the arbitrator will be binding and final. The arbitrator's award is
final and binding on all parties. The arbitrator's authority to resolve and
make written awards is limited to claims between you and Barnes Information
Technology Solutions alone. Claims may not be joined or consolidated unless
agreed to in writing by all parties. No arbitration award or decision will have
any preclusive effect as to issues or claims in any dispute with anyone who is
not a named party to the arbitration. If you initiate litigation or any other
proceeding against Barnes Information Technology Solutions in violation of this
paragraph, you agree to pay Barnes Information Technology Solutions 's
reasonable costs and attorneys' fees incurred in connection with our enforcement
of this paragraph.
·
Independent Contractor
Barnes Information Technology Solutions and User are independent contractors
and nothing contained in this Agreement places Barnes Information Technology
Solutions and User in the relationship of principal and agent, partners or
joint venturers. Neither party has, expressly or by implication, or may
represent itself as having, any authority to make contracts or enter into any
agreements in the name of the other party, or to obligate or bind the other
party in any manner whatsoever.
·
Governing Law; Jurisdiction
Any controversy or claim arising out of or relating to this Agreement, the
formation of this Agreement or the breach of this Agreement, including any
claim based upon an alleged tort, shall be governed by the substantive laws of
the State of Michigan. The United Nations Convention on Contracts for the
International Sale of Goods does not apply to this Agreement.
·
Disclaimer
Barnes Information Technology Solutions shall not be responsible for any
damages your business may suffer. Barnes Information Technology Solutions makes
no warranties of any kind, expressed or implied for the Services. Barnes
Information Technology Solutions 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 service interruptions
caused by Barnes Information Technology Solutions or our employees.
·
Backups and Data Loss
Your use of the Services is at your sole risk. Barnes Information Technology
Solutions 's backup service runs once a week and overwrites any of our
previous backups. Only one week of backups are kept at a time. This service is
provided only to shared and reseller accounts as a courtesy and may be modified
or terminated at any time at Barnes Information Technology Solutions 's sole
discretion. Barnes Information Technology Solutions does not maintain backups
of dedicated accounts. Barnes Information Technology Solutions is not
responsible for files and/or data residing on your account. You agree to take
full responsibility for all files and data transferred and to maintain all
appropriate backup of files and data stored on Barnes Information Technology
Solutions 's servers.
Any shared account using more than 20 gigs of disk space will be removed from
our off site weekly backup with the exception of databases continuing to be
backed up. All data will continue to be mirrored to a secondary drive to help
protect against data loss in the event of a drive failure.
·
Limited Warranty
THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN "AS IS"
AND "AS AVAILABLE BASIS." EXCEPT AS EXPRESSLY PROVIDED IN THIS
SECTION, BARNES INFORMATION TECHNOLOGY SOLUTIONS AND OUR AFFILIATES, EMPLOYEES,
AGENTS, SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING
BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES PROVIDED HEREUNDER. BARNES
INFORMATION TECHNOLOGY SOLUTIONS AND OUR AFFILIATES, EMPLOYEES, AGENTS,
SUPPLIERS AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES (I) THAT THE
SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE; (II) AS TO THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES; OR (III) AS TO THE
ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE
SERVICES. BARNES INFORMATION TECHNOLOGY SOLUTIONS AND OUR AFFILIATES,
EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS ARE NOT LIABLE, AND EXPRESSLY
DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR
FROM USERS OR STORED BY USERS ON OR THROUGH THE SERVICES. THE TERMS OF THIS
SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
·
Disclosure to Law Enforcement
Barnes Information Technology Solutions may disclose User information to law
enforcement agencies without further consent or notification to the User upon
lawful request from such agencies. We cooperate fully with law enforcement
agencies.
·
Entire Agreement.
This Agreement, including documents incorporated herein by reference,
supersedes all prior discussions, negotiations and agreements between the
parties with respect to the subject matter hereof, and this Agreement
constitutes the sole and entire agreement between the parties with respect to
the matters covered hereby.
·
Headings.
The headings herein are for convenience only and are not part of this
Agreement.
· Changes to the Agreement or the Services
o Barnes Information Technology Solutions may modify, add, or delete portions of this Agreement at any time. If we have made significant changes to this Agreement, we will post a notice on the Barnes Information Technology Solutions website for at least thirty (30) days after the changes are posted and will indicate at the bottom of this Agreement the date of the last revision. Any revisions to this Agreement will become effective when posted unless otherwise provided. You agree to any modification to this Agreement by continuing to use the Services after the effective date of any such modification.
o Barnes Information Technology Solutions reserves the right to modify, change, or discontinue any aspect of the Services at any time.
·
Severability
If any provision or portion of any provision of this Agreement is found to be
illegal, invalid or unenforceable by a court of competent jurisdiction, the
remaining provisions or portions (unless otherwise specified) thereof shall
remain in full force and effect.
·
Waiver
No failure or delay by you or Barnes Information Technology Solutions to
exercise any right or remedy hereunder shall operate as a waiver thereof, nor
shall any single or partial exercise of any right or remedy preclude any other
or further exercise of any right or remedy. No express waiver of, or assent to,
any breach of or default in any term or condition of this Agreement by any
party hereto shall constitute a waiver of, or an assent to, any succeeding
breach of or default in the same or any other term or condition hereof.
·
Assignment; Successors
You may not assign or transfer this Agreement or any of your rights or
obligations hereunder, without the prior written consent of Barnes Information
Technology Solutions . Any attempted assignment in violation of this Agreement
shall be null and void and of no force or effect whatsoever. Barnes Information
Technology Solutions may assign our rights and obligations under this
Agreement, and may engage subcontractors or agents in performing our duties and
exercising our rights hereunder, without the consent of User. This Agreement
shall be binding upon and shall inure to the benefit of the parties hereto and
their respective successors and permitted assigns.
·
Force Majeure
Neither party is liable for any default or delay in the performance of any of
its obligations under this Agreement (other than failure to make payments when
due) if such default or delay is caused, directly or indirectly, by forces
beyond such party's reasonable control, including, without limitation, fire, flood,
acts of God, labor disputes, accidents, acts of war or terrorism, interruptions
of transportation or communications, supply shortages or the failure of any
third party to perform any commitment relative to the production or delivery of
any equipment or material required for such party to perform its obligations
hereunder.
·
Third-Party Beneficiaries
Except as otherwise expressly provided in this Agreement, nothing in this
Agreement is intended, nor shall anything herein be construed to confer any
rights in any person other than the parties hereto and their respective
successors and permitted assigns. Notwithstanding the foregoing, user
acknowledges and agrees that any supplier of a third-party product or service
that is identified as a third-party beneficiary in the service description, is
an intended third-party beneficiary of the provisions set forth in this
Agreement as they relate specifically to its products or services and shall
have the right to enforce directly the terms and conditions of this Agreement
with respect to its products or services against user as if it were a party to
this Agreement.