General Provisions
While using Services provided by BASIC Networks Corp. you agree to the following terms and conditions.

Definitions

Customer Use of Services

1. Customer Security Obligation: Each Customer must use reasonable care in keeping each VPS server and/or physical server or network devices attached to BASIC Networks Corp. infrastructure up-to-date and patched with the latest security updates. Failure to use reasonable care to protect a server may result in a security compromise by outside sources. BASIC Networks Corp. is not responsible for Customer server level security unless a security administration package, firewall security administration package or fully managed operating system package is contracted for and maintained. A compromised server creating network interference will result in immediate Customer notification and will be disconnected from the network immediately so as to not directly affect other Customers. No service credits will be issued for outages resulting from disconnection due directly to breached server security. The Customer is solely responsible for any breaches of security affecting servers under Customer control, including repairing the system, terminating the account(s) of the abusive user(s), and reporting occurrence of the issue to abuse@theplanet.com. If a Customer intentionally creates a security breach, the cost to resolve any damage to Customer's server or other servers will be charged directly to the Customer. The labor used to resolve such damage is categorized as emergency security breach recovery and is currently charged at $80.00 USD per hour.
   
2. Disk Space, Client Content, and Bandwidth Usage: BASIC Networks Corp. offers server space to its hosting clients. Disk space cannot be increased. We reserve the right to not host any website that consumes more than the disk space or bandwidth coming with the hosting plan client signed up for. Owners of VPS plans are welcome to resell hosting accounts. Client agrees that webpages and files uploaded to our servers will not violate any state, federal or foreign laws or regulations; infringe on any intellectual property rights of BASIC Networks Corp. or any third party; be defamatory, slanderous or trade libelous; be threatening or harassing; be discriminatory based on gender, race, age; promote hate; or contain viruses or other computer programming defects which result in damage to BASIC Networks Corp. or any third party. Customers may not run IRC bots or clients. Unacceptable uses of our service also include: Bulk emailing, unsolicited emailings, newsgroup spamming, pornographic content or links to adult websites, nudity, copyrighted MP3s, illegal content, copyright infringement, trademark infringement, warez, cracks, or software serial numbers. BASIC Networks Corp. will be the sole and final arbiter as to what constitutes a violation of this policy. BASIC Networks Corp. offers a set amount of data transfer per VPS plan or server. Bandwidth is calculated on a recurring 30 days. Bandwidth cannot be combined with multiple plans or servers.
   
3. Excessive Resource User Policy for VPS Plans: Resources are defined as bandwidth and/or processor utilization. A website is considered to be using "Excessive amounts of resources" when it monopolizes the resources available by using 10% or more of system resources for longer than 60 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, PHP, FTP, HTTP, etc. A site that consumes over 2GB/day or 20 resp. 30 GB/month of bandwidth is also considered "excessive resources." This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers. We reserve the rights to suspend or terminate any hosting account that we feel is jeopardizing our network. BASIC Networks Corp. will be the sole and final arbiter as to what constitutes a violation of this policy.
   
4. System and Network Security: Violations of system or network security are strictly prohibited, and may result in criminal and civil liability. BASIC Networks Corp. investigates all incidents involving such violations and will cooperate with law enforcement if a criminal violation is suspected.
   Examples of system or network security violations include, without limitation, the following:
   - Introduction of malicious programs into the network or server (example: viruses, worms, Trojan Horses, key loggers, and other executables intended to inflict harm).
   - Effecting security breaches or disruptions of Internet communication and/or connectivity. Security breaches include, but are not limited to, accessing data of which the Customer is not an intended recipient or logging into a server or account that the Customer is not expressly authorized to access. For purposes of this section, "disruption" includes, but is not limited to port scans, flood pings, email-bombing, packet spoofing, IP spoofing and forged routing information.
   - Executing any form of network activity that will intercept data not intended for the Customer's server.
   - Circumventing user authentication or security of any host, network or account, including “cracking.”
   - Interfering with or denying service to any user, host, or network other than the Customer's host (example: denial of service attack or distributed denial of service attack).
   - Conduct designed to avoid restrictions or access limits to specific services, hosts, or networks, including but not limited to the forging of packet headers (“spoofing”) or other identification information.
   - Using any program script/command, or sending messages of any kind, designed to interfere with or to disable, a user's terminal session, via any means, locally or via the Internet.
   
5. No "Spam": UCE/UBE or "Spam" originating from a BASIC Networks Corp. account, or associated with a BASIC Networks Corp. account, is not tolerated. This includes any e-mail that promotes web sites hosted on a BASIC Networks Corp. account but is sent from an e-mail address not associated with that BASIC Networks Corp. account. Client shall not use their BASIC Networks Corp. services for chain letters, junk mail, bulk-email, or any use of distribution lists to any person who has not given specific permission to be included in such a process. BASIC Networks Corp. reserves the right to deactivate or terminate any account(s) upon any indication of such activity without notice. There will be a $140 clean up fee if an account was suspended for policy violation. There is a 2000 Email limit that can be sent out within a 24 hour period.
   
6. False Information: False Information. Client agrees not to post false or inaccurate information to news groups in violation of the news groups' rules and regulations. If any news groups or service providers contact BASIC Networks Corp. concerning unethical, false or unlawful activities by you, BASIC Networks Corp. reserves the right to terminate your service without notice.
   
7. Licensed Software Only: Client agrees to use only properly licensed third party software in connection with Client's use of the Services.
   
8. Back-Up Files: BASIC Networks Corp. will make every reasonable effort to protect and backup data for Client on a regular basis, however BASIC Networks Corp. does not guarantee the existence, accuracy, or regularity of its backup services and, therefore, client is solely responsible for independent backup of data stored on Providers server and network. There is a one time fee of $100 for our Administrator to retreive client's individual back-up files.
   
9. 99.99% Uptime: BASIC Networks Corp. has a 99.99% average uptime across our entire network at large, which includes webservers, mailservers, and more - as a whole. If a single server is temporarily offline, the rest of the BASIC Networks Corp. servers remain unaffected and uninterrupted, thus contributing to our overall uptime.
   
10. Domain Name Registration: BASIC Networks Corp. uses eNom and Register.com for domain name registrations. There is a fee for new domain name registrations. (Domains do not need to be transferred to our registrars for the sites to be hosted with BASIC Networks Corp.)
    

Right to Refuse Service
At its sole discretion, BASIC Networks Corp. has the right to refuse any and all service or services to any applicant, customer, client whether it be an individual or legal entity.

Payment Obligations, Renewals, and Cancellations

1. Payment Obligations: Full payment is required in advance, before hosting service is established. You grant BASIC Networks Corp. the right to debit the credit card or bank account via our online billing services 2CheckOut, SWREG, or PaySystems, depending on the form or payment and currency you choose to pay in. You will be billed until the service is cancelled by you in writing (e-mail or FAX) or is cancelled by BASIC Networks Corp. according to terms of this Agreement. You warrant and represent that the information you supply in the Order Form (or other information that BASIC Networks Corp. may require) is accurate and truthful. All payment-due notices will be send by electronic mail by 2CheckOut, SWREG, or PaySystems. No bills or invoices will be sent by postal mail or FAX. If payment was not received by the renewal date, your account will be suspended within 7 days after payment due date. Any suspended account will be terminated within 15 days after payment due date if no payment is received within this time.
   
2. Renewals: Your account will be automatically renewed under the same time and fee structure unless you give written notice to BASIC Networks Corp. two (2) days before the renewal date that you do not wish to renew such account.
   
3. Cancellation: You may cancel at anytime. If you cancel before the first 30 days, please refer to the details under "Limited 30-day Money Back Guarantee." If you cancel after the first 30 days from the opening of your account, you will be obligated to pay all fees and charges accrued prior to the effectiveness of the cancellation. BASIC Networks Corp. will refund to you the prepaid fees for basic hosting for the full months remaining after effectiveness of cancellation, less any prior fees and charges, and an early cancellation fee of $25. All cancellations must be received in writing as per the deadlines indicated by e-mail or FAX. Cancellations will be processed by our staff on a daily basis.
   

Limited 30-day Money Back Guarantee
If you are not completely satisfied with our services within the first 30 days from the opening of the account, you will be given a full refund on your hosting fee excluding setup fees and additional services. If paid by credit card, refunds will be issued to the original credit card provided at the time of purchase. If your account has been cancelled by us due to a breach of the terms and conditions on your part, you will not be eligible for a refund. Domain name registration is non-refundable.

Disclaimer of Warranty
You agree to use the Services and any information obtained through or from BASIC Networks Corp. at your own risk. You acknowledge and agree that BASIC Networks Corp. exercises no control over, and accepts no responsibility for, the content of information passing through BASIC Networks Corp.'s host computers, network hubs, points of presence or the internet. THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN AS IS, AS AVAILABLE BASIS. BASIC NETWORKS CORP. MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICES IT PROVIDES. BASIC NETWORKS CORP. MAKES NO WARRANTIES THAT THE SERVICES WILL NOT BE INTERRUPTED OR ERROR-FREE OR THAT ANY RESULTS OBTAINED FROM THE USE OF SERVICES IS ACCURATE AND RELIABLE. BASIC NETWORKS CORP. EXPRESSLY DISCLAIMS ANY LIABILITY FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM CUSTOMER OR STORED BY CUSTOMER OR ANY OF CUSTOMER'S CUSTOMERS VIA THE SERVICES PROVIDED BY BASIC NETWORKS CORP. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ANY BASIC Networks Corp. PERSON WILL CREATE ANY WARRANTY OR MAY YOU RELY ON SUCH INFORMATION OR ADVICE. The terms of this Section will survive any termination of this Agreement.

BASIC Networks Corp. is not responsible for any interruption in service or down time that may occur, whether due to external network disruptions or negligence of BASIC Networks Corp. This includes loss of data resulting from delays, non-deliveries, wrong delivery, equipment failure and any and all other service interruptions caused by BASIC Networks Corp.

Limitation of Liability
You agree that BASIC Networks Corp. will not be responsible for any losses that may incur where Services are accessed by third-parties through illegal or otherwise unauthorized means, including but not limited to situations where data is accessed through the exploitation of security gaps, weaknesses or flaws (whether known or unknown to BASIC Networks Corp. at the time) which may exist in the Services or in BASIC Networks Corp.'s equipment used to provide the Services.

Under no circumstances will BASIC Networks Corp. be liable for any consequential, indirect, incidental, special or punitive damages, or loss of profits, revenue, data or use by Customer, any of its customers, or of any other third party, whether in an action in contract or tort or strict liability or other legal theory. BASIC Networks Corp. will not be liable to Customer, any of its customers, or any other third party, for any loss or damages that result or are alleged to have resulted from the use of or inability to use the Services, or that results from mistakes, omissions, interruptions, deletion of files, loss of data, errors, viruses, defects, delays in operations, or transmission or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to BASIC Networks Corp.'s records, programs, equipment or services.

Notwithstanding anything to the contrary in this Agreement, BASIC Networks Corp.'s maximum liability under this Agreement for all damages, losses, costs and causes of actions from any and all claims (whether in contract, tort, including negligence, quasi-contract, statutory or otherwise) will not exceed the actual dollar amount paid by Customer for the Services which gave rise to such damages, losses and causes of actions during the 12-month period prior to the date the damage or loss occurred or the cause of action arose.

This limitation of liability reflects an informed, voluntary allocation between the parties of the risks (known and unknown) that may exist in connection with this Agreement. The terms of this Section will survive any termination of this Agreement.

Indemnification
Customer agrees to indemnify, defend and hold harmless BASIC Networks Corp., its officers, directors, employees, shareholders and agents 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 arising out of or relating to (i) Customer's use of the Services, (ii) any breach by Customer of this Agreement, or (iii) any acts or omissions of Customer. The terms of this Section will survive any termination of this Agreement.

Force Majeure
BASIC Networks Corp. will not be liable for failure or delay in performing it obligations if such failure or delay is due to circumstances beyond its reasonable control, including but not limited to acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for provision of the Services.

Disclosure of Customer Information and Legal Process
Although BASIC Networks Corp. maintains strict confidentiality on Customer's information, there are certain exceptions in which BASIC Networks Corp. may disclose information in its possession, including but not limited to information about the Customer's internet transmissions and website activity in order to comply with court order, subpoena, discovery request, warrant, statute, regulation or official governmental requests. BASIC Networks Corp. has no obligation to notify Customer about whom the information is sought or that BASIC Networks Corp. has provided the information. Customer acknowledges the above exceptions and agrees to them without reservation.

Governing Law; Jurisdiction; Arbitration
In the event of recourse to legal action, both parties agree to submit to personal jurisdiction in the state of BASIC Network Corp.'s incorporation, and the agreement shall be governed by the law of that state. An award rendered in connection with arbitration pursuant to this Section shall be final and binding upon the parties. The parties agree that the award of the arbitral tribunal will be the sole and exclusive remedy between them regarding any and all claims and counterclaims between them with respect to the subject matter of the arbitrated dispute. The terms of this Section will survive any termination of this Agreement.

Assignment
Customer will not have the right to assign this Agreement without the prior written consent of BASIC Networks Corp.

Entire Agreement; Severability
This Agreement represents the entire agreement between the parties, and supersedes all previous representations, understandings or agreements. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of this Agreement will remain in full force and effect.

Customer hereby represents that he, she or it, is either an individual entering this Agreement for his or her personal use and is over 18 years of age, or is a corporation other legal corporate entity, duly organized, validly existing and in good standing under the laws of the state of its organization and the person acting on behalf of Customer is duly authorized to accept, execute and deliver this Agreement on behalf of Customer.