Terms & Conditions

HIPAA Disclaimer

The use of services from BYZION.net, LLC [hereafter referred to as "BYZION"] constitutes agreement to these terms. You may view our Privacy Policy.

 

1.) Account Setup / Email on file 
We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. If you have a domain name registered with BYZION, it is your responsibility to ensure that the contact information for your domain account and your actual domain name(s) is correct and up-to-date. BYZION is not responsible for a lapsed registration due to outdated contact information being associated with the domain. If you need to verify or change this information, you should contact our sales team via email. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or high risk transactions, it will be necessary to provide government issued identification and possibly a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied.

 

Ownership 

The credit card holder or owner of the PayPal e-mail address which is utilized for payment on the account is designated as the authorized owner of the account.

 

Transfers 

Our transfers team will make every effort to help you move your site to us. However, transfers are provided as a courtesy service, and we can not make 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. We will try our best, but in some cases we may be unable to assist you in a transfer of data from an old host.

 

The free transfer services are available for 30 days from your sign up date. Transfers outside of the 30 day free period will incur a charge; please contact a member of the transfers department with specific details to receive a price quote.

 

Dedicated IP Address Allocation 

Any dedicated IP order in addition to ones provided with a hosting package may be subject to IP Justification. Justification practices are subject to change to remain in conformity with policies of American Registry for Internet Numbers (ARIN). We reserve the right to deny any dedicated IP request based on insufficient justification or current IP utilization.

 

Third Party Providers 

All transactions with third party providers are solely between the visitor and the individual provider. BYZION is not the agent, representative, trustee or fiduciary of you or the third party provider in any transaction. Some products provided by BYZION are provided under license with vendors, and the use of any such third party products will be governed by the applicable license agreement, if any, with such third party.

 

All discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. All transactions with third party providers are subject to the terms and conditions under which the provider agrees with you to provide the goods or services. You should confirm the terms of any purchase and/or use of goods or services with the specific provider with whom you are dealing.

 

We do not make any representations or warranties regarding, and are not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers.

 

2.) Content 
All services provided by BYZION may only be used for lawful purposes. The laws of the State of Oregon, and the United States of America apply.

The customer agrees to indemnify and hold harmless BYZION from any claims resulting from the use of our services.

 

Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of anothers copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe that your copyright or trademark is being infringed upon, please email abuse@BYZION.net with the information required. A list of required information may be found here. If the request is of a licensing issue, we may require further documentation.

 

Using a shared account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account. Please do not take backups of your backups.

Examples of unacceptable material on all Shared and Reseller servers include:

• Topsites

• IRC Scripts/Bots

• Proxy Scripts/Anonymizers

• Pirated Software/Warez

• Image Hosting Scripts (similar to Photobucket or Tinypic)

• AutoSurf/PTC/PTS/PPC sites

• IP Scanners

• Bruteforce Programs/Scripts/Applications

• Mail Bombers/Spam Scripts

• Banner-Ad services (commercial banner ad rotation)

• File Dump/Mirror Scripts (similar to rapidshare)

• Commercial Audio Streaming (more than one or two streams)

• Escrow/Bank Debentures

• High-Yield Interest Programs (HYIP) or Related Sites

• Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)

• Sale of any controlled substance without prior proof of appropriate permit(s)

• Prime Banks Programs

• Lottery/Gambling Sites

• MUDs/RPGs/PBBGs

• Hacker focused sites/archives/programs

• Sites promoting illegal activities

• Forums and/or websites that distribute or link to warez/pirated/illegal content

• Bank Debentures/Bank Debenture Trading Programs

• Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.net)

• Push button mail scripts

• Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)

• Tell A Friend Scripts

• Anonymous or Bulk SMS Gateways

• Bitcoin Miners

• PayDay Loan Sites (including any site related to PayDay loans, PayDay loan affiliate progams, etc)

Examples of unacceptable material on all Dedicated servers include:

• IRCD (irc servers)

• IRC Scripts/Bots

• Pirated Software/Warez

• IP Scanners

• Bruteforce Programs/Scripts/Applications

• Mail Bombers/spam Scripts

• Escrow

• High-Yield Interest Programs (HYIP) or Related Sites

• Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)

• Sale of any controlled substance without prior proof of appropriate permit(s)

• Prime Banks Programs

• Lottery/Gambling Sites

• Hacker focused sites/archives/programs

• Sites promoting illegal activities

• Forums and/or websites that distribute or link to warez/pirated/illegal content

• Bank Debentures/Bank Debenture Trading Programs

• Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.net)

• Mailer Pro

• Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)

BYZION services, including all related equipment, networks and network devices are provided only for authorized customer use. BYZION systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, 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. Use of BYZION system(s) constitutes consent to monitoring for these purposes.

 

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 must be with expressed written consent from the third party. BYZION may, at its discretion, request and require documentation to prove access to a third party network or system is authorized.

 

We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.

 

Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via troubleticket/email and will have a response within 48 hours.

 

Sites hosted on BYZION.net's service(s) are regulated only by U.S. law. Given this fact, and pursuant to Section 230(c) of the Communications Decency Act, we do not remove allegedly defamatory material from domains hosted on our service(s). The only exception to this rule is if the material has been found to be defamatory by a court, as evidenced by a court order. BYZION.net is not in a position to investigate and validate or invalidate the veracity of individual defamation claims, which is why we rely on the legal system and courts to determine whether or not material is indeed considered defamatory. In any case in which a court order indicates material is defamatory, libelous, or slanderous in nature; we will disable access to the material. Similarly, in any case in which a US Court has placed an injunction against specified content or material; we will comply and remove or disable access to the material in question.

 

The language of Section 230(c) of the Communications Decency Act fundamentally states that Internet services providers like BYZION.net and many of BYZION.net's other webhosting services and brands are republishers and not the publisher of content. Our service merely provides a hosting platform and space on which to host content, and any creation or publication of content on our services is the sole responsibility of the third-party user which creates or publishes the content. Therefore, BYZION.net should not be held liable for any allegedly defamatory, offensive or harassing content published on sites hosted under BYZION.net's webhosting service(s).

 

If in doubt regarding the acceptability of your site or service, please contact us at abuse@BYZION.net and we will be happy to assist you.

Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita):

Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.

 

Any site with pornographic content will be canceled without notice. Also those sites dedicated to drug trafficking and illegal pharmaceuticals.

 

Direct customers: Your services will be terminated with or without notice.

 

Violations will be reported to the appropriate law enforcement agency.

It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of 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. It is required that you 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/update your password.

 

HIPAA Disclaimer We are not “HIPAA compliant."

Users 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. Users 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. BYZION.net does not control or monitor the information or data you store on, or transmit through, our 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” under HIPAA are expressly prohibited from using this Service for such purposes. Storing and permitting access to “protected health information,” as defined under HIPAA is a material violation of this Terms of Service, and grounds for immediate account termination. We do not sign “Business Associate Agreements” and you agree that BYZION 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 sales@BYZION.net

 

3.) Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists", purchased lists, and selling of lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.

 

Please read http://www.BYZION.net/mailpolicy.html for our generalized mail policy.

 

Please read http://www.BYZION.net/dedicated-mailpolicy.html for our dedicated server mail policy.

 

Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, phone, postal mail, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.

 

BYZION reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.

 

BYZION reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee or any charges incurred for blacklist removal. This cost of the clean up fee is entirely at the discretion of BYZION.

 

4.) Payment Information

You agree to supply appropriate payment for the services received from BYZION, in advance of the time period during which such services are provided. Subject to all applicable laws, rules, and regulations, all payments will apply to the oldest invoice(s) in your billing account. You agree that until and unless you notify BYZION of your desire to cancel any or all services received, those services will be billed on a recurring basis.

 

Cancellations must be done in writing via the cancellation form provided. Once we receive your cancellation and have confirmed all necessary information with you via e-mail, 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 for your reference, and for verification purposes. You should immediately receive an automatic "Your request has been received..." email with a tracking number. An employee 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, please contact us immediately via phone. We require that cancellations of service are done through the online form to (a) confirm your identity, (b) confirm in writing you are prepared for all files/emails to be removed, and (c) document the request. This process reduces the likelihood of mistakes, fraudulent/malicious requests, and ensures you are aware that the files, emails, and account may be removed immediately after a cancellation request is processed.

 

As a client of BYZION, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree that until and unless you notify BYZION of your desire to cancel any or all services received (by the proper means listed in the appropriate section of the Terms of Service), those services will be billed on a recurring basis, unless otherwise stated in writing by BYZION. BYZION reserves the right to bill your credit card or billing information on file with us. BYZION provides a 10 day grace period from the time the invoice is generated and when it must be paid. Any invoice that is outstanding for 10 days and not paid will result in a $10 late fee and/or an account suspension until account balance has been paid in full. The $10 late fee is applied in addition to whatever else is owed to BYZION for services rendered. Access to the account will not be restored until payment has been received.

 

It is the customer's responsibility to notify our Billing department via a support ticket created from http://support.BYZION.net after paying for a domain. Domain renewal notices and invoices are provided as a courtesy reminder and BYZION cannot be held responsible for failure to renew a domain or failure to notify a customer about a domain's renewal.

 

Subsequently, domain renewals are billed and renewed 30 days before the renew date. It is the customer's responsibility to notify our Billing department via a support ticket created from http://support.BYZION.net for any domain registration cancellation. No refunds can be given, once a domain is renewed. All domain registrations, and renewals are final.

 

Invoices that have been paid more than once with multiple Paypal Subscriptions can only be added as credit towards the account and cannot be refunded via Paypal. If you require assistance with this provision, please visit http://support.BYZION.net to create a support ticket to our Billing department.

BYZION reserves the right to change the monthly payment amount and any other charges at anytime.

 

5.) Backups and Data Loss
Your use of this service is at your sole risk. Our backup service runs once a week, overwrites any of our previous backups made, and only one week of backups are kept. This service is provided to you as a courtesy. BYZION 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 appropriate backup of files and data stored on BYZION servers.

 

6.) Cancellations and Refunds

 

A. 30-Day Money Back Guarantee
BYZION proudly offers its subscribers a "30-Day Money Back Guarantee." This guarantee allows subscriber to purchase BYZION's services with full confidence and zero-risk. Consequently, subscriber may request a full refund within 30 days of initial sign-up and be refunded all fees paid to-date, including setup fees, less any additional over-usage and free domain registration costs (see section below). Terminated accounts are not eligible for this guarantee if the termination occurred due to a violation of this TOS.

This guarantee can be requested at anytime within the 30 days of the commencement of service if subscriber is not satisfied with BYZION's services. If the 30-day service of the subscription has been exceeded, subscriber is not eligible for this guarantee. A request for this guarantee must be submitted via BYZION's "Contact Us" form located at this URL:
http://byzion.net/contact.php

If requesting a refund, we ask that subscriber briefly explains the reasons for doing so, as well as any suggestions on how BYZION could improve service.

 

B. Domain Registrations
BYZION utilizes an industry standard third party Registrar for domain name registration services. Once an order is placed for a new domain name through BYZION, we register the domain for the customer through the Registrar. Domains registered in this manner are not eligible for a refund and the cost for such domains will be subtracted from any service refund from BYZION. If you cancel your BYZION service, you will retain ownership of your domain name for as long as you continue to renew the domain. You may renew the domain through BYZION or through the Registrar. Domain names are only registered for a finite period of time.

Upon becoming a domain customer of BYZION, you will receive reminders immediately prior to the expiration of your registration inviting you to renew your domain name and specifying the amount of time you have to renew your domain name. In the event that you fail to renew your domain name in a timely fashion within that amount of time, your registration will expire and we may, at our sole discretion, elect to assume the registration and hold it for our own account, delete it, or sell it to a third party. You acknowledge and agree that your right and interest in a domain name ceases upon its expiration and that any expired domain name may be available for registration by a third party.

If you fail to renew your registration, your domain name may cease to resolve and visitors to your site may be redirected to a default page informing them that the site is no longer in service. This default page may also feature advertisements posted by us for our own account.

If we, in our sole discretion, have elected to renew the registration, you will be entitled to a grace period of forty (40) days during which you may re-register the domain name from us. Additional costs for the redemption and re-registration will apply. During this grace period, we may elect to post a parked page and/or revise the "Whois" registration records to include our information. The domain name may also be listed for auction and promoted as being available for auction. If the name is sold during any such auction, it will be acquired by a third party and will not remain available for re-registration by you after our stated grace period. If you do not re-register the domain name during the grace period, the auction sale will be concluded and ownership of the domain will be transferred to a third party. If you fail to renew your domain name registration during the grace period, you acknowledge that you have abandoned the domain name and that it is available for sale and registration by any third party.

ICANN's Registrant's Benefits and Responsibilities
ICANN's site for registrant education.

C. Renewal Procedure
We strive to prevent service interruptions or loss of service for you and so all service renewal settings are set to be automatically renewed to prevent these occurrences. This automatic renewal option is triggered upon expiration of the current applicable service and automatically renews the applicable service for a period equal to the initial period. Payment for the renewal period is taken from the payment method currently on file with us at our then current rates, which you acknowledge and agree may be higher or lower than the original rate for the applicable service. The automatic renewal is the default setting for all renewals so if you do not wish your current service to be extended, you must manually disable the automatic renewal setting. If you wish to view the account renewal settings applicable to you, simply log into your control panel to review your products. You may choose to disable the automatic renewal option and if you also fail to manually renew your service before it expires, you may experience a service interruption or a complete loss of service and you acknowledge and agree that we will not be liable for any losses to you or any third party arising out of such service interruption or loss.

D. The following methods of payments are non-refundable, and refunds will be posted as credit to the hosting account:
Bank Wire Transfers
Western Union Payments
Checks
Money orders
There are no refunds on dedicated servers, administrative fees, and install fees for custom software. Refund requests for .net, .net., and .org domain names (made within the 45 day money-back guarantee period) will have the common market value subtracted for those tld's. Any ccTLD's domain name purchases are non-refundable. Please note that domain refunds will only be considered if they were ordered in conjunction with a hosting package. Eligibility of said refunds will be determined at the time of cancellation.

E. 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, you will not be eligible for a refund or if you have opened a second account with us.

F. Violations of the Terms of Service (http://byzion.net/terms.html )will waive the refund policy.

 

G. BYZION reserves the right to cancel, suspend, or otherwise restrict access to the account at any time with or without notice.

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 BYZION is not responsible for any change in exchange rates between time of payment and time of refund.

 

7a.) Resource Usage

User may not: 
1) Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
2) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD. 
3) Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
4) Run any software that interfaces with an IRC (Internet Relay Chat) network.
5) Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers. 
6) Participate in any file-sharing/peer-to-peer activities
7) Run any gaming servers such as counter-strike, half-life, battlefield1942, etc 
8) Run cron entries with intervals of less than 15 minutes.
9) Run any MySQL queries longer than 15 seconds. MySQL tables should be indexed appropriately.
10) When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include("http://yourdomain.net/include.php") use include("include.php")
11) To help reduce usage, do not force html to handle server-side code (like php and shtml).
12) Only use https protocol when necessary; encrypting and decrypting communications is noticeably more CPU-intensive than unencrypted communications.

 

7b.) INODES 
The use of more than 250,000 inodes on any shared account may potentially result in a warning first, and if no action is taken future suspension. Accounts found to be exceeding the 100,000 inode limit will automatically be removed from our backup system to avoid over-usage, however databases will still be backed up. Every file (a webpage, image file, email, etc) on your account uses up 1 inode.

Sites that slightly exceed our inode limits are unlikely to be suspended; however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension. The primary cause of excessive inodes seems to be due to users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past our inode limit. To disable your default mailbox, login to cPanel and choose "Mail", then "Default Address", "Set Default Address", and then type in: :fail: No such user here.

 

7c.) Backup Limit 
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 which helps protect against data loss in the event of a drive failure.

 

8.) Bandwidth Usage
You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.

 

9a.) Money back Guarantee
On dedicated servers no full refund will be honored -- the 45 day money back guarantee does not apply. We reserve the right to refund a prorated amount or no refund at all.

Each of BYZION's managed shared, VPS, and reseller servers carry a 45 day unconditional money back guarantee on them. If you are not completely satisfied with our services within the first 45 days of your service, you will be given a full refund of the contract amount. Remember, this is only for monthly shared or reseller packages and does not apply to dedicated servers, administrative fees, install fees for custom software, or domain name purchases.

 

BYZION will not activate new orders or activate new packages for customers who have an outstanding balance with BYZION. For a new order to be setup or a new package to be activated, you must have a balance of $0.00, unless otherwise stated by BYZION in writing.

 

9b.) Uptime Guarantee
If your shared / reseller server has a physical downtime that is not within the 99.9% uptime you may receive one month of credit on your account. Approval of the credit is at the discretion of BYZION dependent upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please visithttp://support.BYZION.net to create a support ticket to our Billing department with justification. Uptime guarantees only apply to shared / reseller solutions. Dedicated servers are covered by a network guarantee in which the credit is prorated for the amount of time the server is down which is not related to our uptime guarantee.

 

10.) Price Change
The amount you pay for hosting will never increase from the date of purchase. We reserve the right to change prices listed on BYZION.net, and the right to increase the amount of resources given to plans at any time.

 

11.) 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 signed up using a particular domain, you may not resign up 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 invoices will be added to the account. Coupon abuse will not be tolerated and may result in the suspension or termination of the account. Coupons or discounts are only valid towards the initial purchase, and do not affect the renewal or recurring price.

 

12a.) Indemnification
Customer agrees that it shall defend, indemnify, save and hold BYZION harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against BYZION, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless BYZION against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with BYZION; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from BYZION's server.

 

12b.) Arbitration By using any BYZION services, you agree to submit to binding arbitration. If any disputes or claims arise against BYZION or its subsidiaries, such disputes will be handled by an arbitrator of BYZION's choice. An arbitrator from the Oregon Judicial Department will be selected in the state of Oregon. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator's award is final and binding on all parties. The Oregon Judicial Department Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. You are also responsible for any and all costs related to such arbitration.

 

13.) Disclaimer
BYZION shall not be responsible for any damages your business may suffer. BYZION makes no warranties of any kind, expressed or implied for services we provide. BYZION disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by BYZION and its employees.

 

14.) Disclosure to law enforcement
BYZION may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.

 

15.) Subpoena

Fees for Subpoena Compliance
Payment must be made to BYZION by the person or entity submitting the civil subpoena, for costs associated with subpoena compliance prior to the delivery of the subpoenaed information.

BYZION’s subpoena compliance costs are as follows:

Research - $150.00/hour
Federal Express - Cost as Billed
Copies - $.50/page
Compact Disc - $10.00/per CD
Bank Wire Transfer Fees - Court Research Costs
Any applicable taxes are due in addition to the above fees.

For credit card processing information, please contact legal@byzion.net.

Checks should be made out to BYZION, LLC, and mailed to:

 

BYZION, LLC
Attn: Legal

P.O.BOX 1957, CLACKAMAS, OR 97015

United States of America

 

16.) Changes to the TOS
BYZION reserves the right to revise its policies at any time without notice.

Virtual Private Server TOS addendum

Domain Registration Agreement