Terms of Service
TERMS OF SERVICE (TOS)
This Beach Cities PC Terms of Service (this "Agreement") and the Beach
Cities PC Acceptable Use Policy ("AUP") govern your purchase and use of
all Beach Cities PC services (collectively, the "Services"), as described
in the Order Form(s) submitted by you and accepted by Beach Cities PC
(“Service Order”). Acceptance of any terms or conditions different from
those contained herein by Beach Cities PC will not be deemed by provision
of service, but only by electronic or written signature of an officer of
Beach Cities PC. You must register and accept the terms of this Agreement
and the AUP in order to use the Services. BY CLICKING ON THE "I ACCEPT"
BUTTON BELOW, AND/OR REGISTERING FOR AND USING THE SERVICES, YOU
ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND THE AUP, AND AGREE TO BE
BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT AS WELL AS ALL
POLICIES AND GUIDELINES OF THE AUP, WHICH ARE INCORPORATED HEREIN BY
REFERENCE. Beach Cities PC may modify any of the terms and conditions
contained in this Agreement and the AUP, at any time, in its sole
discretion. Any modifications are effective upon posting of the revisions
on the Beach Cities PC web site (the "Site"). Your continued use of the
Services following Beach Cities PC posting of any modifications
constitutes your acceptance of the modifications. If you do not agree to
the terms of any modification, do not continue to use the services and
immediately notify Beach Cities PC of your termination of this Agreement
in the manner described in the section below.
Beach Cities PC agrees to furnish services to the Subscriber, subject
to the following TOS (Terms of Service).
The Use of Beach Cities PC service constitutes acceptance and agreement
to Beach Cities PC AUP as well as Beach Cities PC TOS (Terms of Service).
Term and Payment for Services
Term: This Agreement will be for an initial “Term“ of 1 month
from the date the Services are first provided by Beach Cities PC. This
Agreement will be automatically renewed (the "Renewal Term") at the end of
the Initial Term or any Renewal Term for a period of thirty (30) days
unless you provide Beach Cities PC with written notice of termination at
least seven days (7) before the end of the Initial Term
or Renewal Term (also referred to interchangeably and collectively as
“Term”), whichever is then applicable. To provide your notice of
termination, you must submit a ticket to the Billing department via
http://helpdesk.beachcitiespc.com and fill out the corresponding
cancellation form to initiate the cancellation of your service. Pricing
and duration of Terms may be modified only if in writing (such as a
Service Order) signed by Beach Cities PC.
Termination
This Agreement may be terminated: (i) by you or Beach Cities PC during any
Renewal Term, without cause, by giving the other party no less than 7 days
prior written notice, or a greater number of days prior notice if
specified in a Service Order accepted by Beach Cities PC; (ii) by Beach
Cities PC in the event of nonpayment by you as provided in the section
below or (iii) by Beach Cities PC, at any time, without notice, if, in
Beach Cities PC sole judgment, you are in violation of any terms or
conditions of the AUP. If you terminate this Agreement, or if Beach Cities
PC terminates this Agreement for your breach, before the end of the
Initial Term or the Renewal Term, whichever is then applicable, you will
be required to pay immediately all fees and costs accrued before the
termination date, all monthly recurring fees for each month remaining in
the Term and any other amounts you owe to Beach Cities PC under this
Agreement.
Charges
You will pay all charges for your use of the Services at the then
current Beach Cities PC prices for that category of service or any special
offer applicable to your account as determined by Beach Cities PC. You are
responsible for paying all federal, state, and local sales, use, value
added, excise duty and any other taxes assessed with respect to the
Services, other than taxes based on Beach Cities PC net income. If you are
a resident of Texas, your purchase of dedicated hosting services is
subject to the Texas sales tax rate of 8.25%. All setup fees are subject
to an 8.25% tax. You are responsible for all costs of collection of all
amounts owed under this Agreement, including reasonable attorney’s fees of
Beach Cities PC.
Payment and Fees
You will pay all charges for the first month of service in
advance on the first day of the Initial Term. You will pay all subsequent
charges for Services in advance on the anniversary day of each month. You
must pay for the Services by credit card or Paypal. You authorize Beach
Cities PC to charge your credit or debit card to pay for any charges that
may apply to your account. You must notify Beach Cities PC of any changes
to your card account (including, applicable account number or cancellation
or expiration of the account), your billing address, or any information
that may prohibit Beach Cities PC from charging your account. Your failure
to fully pay any fees and taxes within 72 hours from the applicable due
date is a material breach of this Agreement, justifying Beach Cities PC to
suspend its performance and terminate this Agreement. If Beach Cities PC
terminates for your material breach, you will be required to pay
immediately all fees and costs accrued before the termination date, all
monthly recurring fees for each month remaining in the term and any other
amounts you owe to Beach Cities PC under this Agreement. You are
responsible for any costs that Beach Cities PC incurs in enforcing
collection, including reasonable attorneys' fees, court costs and
collection agency fees.
Credit cards that are declined for any reason or Paypal payments that
are not made are subject to a processing fee. Service will be interrupted
on accounts that reach 5 days past due. Service interrupted for
non-payment is subject to a $150 reconnect charge. Accounts not paid by
the due date are subject to a $5 late fee. Accounts that are not
collectable by Beach Cities PC may be turned over to an outside collection
agency for collection. If you account is turned over for collection, you
agree to pay the company a “Collection“ fee of not less than $50 nor more
than $150. If you desire to cancel the account, please follow the correct
procedure to do this at
http://helpdesk.beachcitiespc.com
Refund and Disputes
*All payments to Beach Cities PC are nonrefundable*. This includes any
applicable setup fees and subsequent charges regardless of usage. All
overcharges or billing disputes must be reported within 60 days of the
time that the dispute occurred. If you dispute a charge to your credit
card issuer that, in Beach Cities PC sole discretion is a valid charge
under the provisions of this Agreement and/or AUP, you agree to pay Beach
Cities PC an "Investigation Fee" of $100.00.
Failure to Pay
The Company may temporarily deny service or terminate this Agreement
upon the failure of Subscriber to pay charges when due. Such termination
or denial will not relieve the Subscriber of responsibility for the
payment of all accrued charges, plus reasonable interest and any
collection fees.
Use of Services
Acceptable Use Policies: The AUP governs the general policies and
procedures for use of the Services. The AUP is posted on the site at (or
such other location as Beach Cities PC may specify) and may be updated
from time to time. BY USING THE SERVICES, YOU AGREE TO BE BOUND BY THE
TERMS OF THE AUP AND ANY MODIFICATIONS TO THE TERMS. Beach Cities PC MAY
TERMINATE YOUR ACCOUNT WITHOUT NOTICE FOR ANY VIOLATION OF THE AUP OR THIS
AGREEMENT.
Security: You are solely responsible for any security breaches
affecting servers or accounts under your control. If your server is
responsible for or involved in an attack on or unauthorized access into
another server or system, Beach Cities PC will shut it down immediately.
You will pay any charges resulting from the cost to correct security
breaches affecting Beach Cities PC or any of its other customers.
System and Network Security
Users are prohibited from violating or attempting to violate the
security of the Beach Cities PC Network. Violations of system or network
security may result in civil or criminal liability. Beach Cities PC will
investigate occurrences which may involve, and cooperate with law
enforcement authorities in prosecuting Users who are involved in such
violations. These violations include, without limitation:
- Accessing data not intended for such user or logging into a server
or account, which such user is not authorized to access.
- Attempting to probe, scan or test the vulnerability of a system or
network or to breach security or authentication measures without proper
authorization.
- Attempting to interfere with service to any user, host or network,
including without limitation, via means of overloading, flooding, mail
bombing or crashing.
- Forging any TCP/IP packet header or any part of the header
information in any e-mail or newsgroup posting.
- Taking any action in order to obtain services which such user is not
entitled.
Notification of Violations or Infractions
Beach Cities PC is under no duty to look at each client’s or user’s
activities to determine if a violation of the AUP has occurred, nor do we
assume any responsibility through our AUP to monitor or police Internet
related activities.
Violations of the AUP will result in the following:
A warning notification sent via email, Beach Cities PC trouble ticket with
24 hours notice for resolution:
24 hours is the standard notification; situations involving law
enforcement, phishing scams, fraud, password harvesting, network
interference, Denial or Disruption of service, IRC related misuse, or
other malicious activity can reduce the notification time frame.
- First Violation: Any user, which Beach Cities PC Tech determines to
have violated any element of our AUP (Acceptable use Policy), shall
receive an e-mail, warning them of the violation. The service may be
subject at Beach Cities PC discretion to a temporary suspension pending
a client’s agreement in writing to refrain from any further violations.
- Second Violation: Any client that Beach Cities PC determines to have
committed a second violation of nay element or portion of the AUP shall
be subject to immediate suspension or termination of service without
further notice.
- We reserve the right to drop the section of IP space involved in any
SPAM or Denial-of-Service (Dos) complaints if it is clear that the
offending activity is causing great harm to parties on the Internet. In
particular, if open relays are on your network or a customer’s network,
or if denial-of-service attacks are originating from your network. In
certain rare cases, we may have to take this action prior to attempting
to contact you.
Disclosure to Law Enforcement
The AUP specifically prohibits the use of our service for illegal
activities. Therefore, Subscriber agrees that the Company may disclose any
and all Subscriber information, including assigned IP addresses, account
history, account use, etc. to any law enforcement agency who makes a
written request without further consent or notification to the Subscriber.
In addition Beach Cities PC shall have the right to terminate all service
set forth in this Agreement.
Support Services and Boundaries
Beach Cities PC provides 24/7/365 technical support to our Subscribers. We
limit our technical support to our area of expertise. The following are
our guidelines when providing support:
Beach Cities PC provides support related to your server. Beach Cities PC
does not provide support for application specific issues, such as any
programming, HTML, third party applications or any other such issue.
Beach Cities PC does not provide technical support for YOUR clients.
Reseller Policy
Resellers are responsible for the conduct of their Customers and by
agreeing with this AUP, Resellers agree that their Customers will adhere
to the AUP. Resellers should make their perspective Customers aware of the
AUP and the consequences of violation.
Intellectual Property Rights
Your Warranties and Representations to Beach Cities PC: You
warrant, represent, and covenant to Beach Cities PC that: (a) you are at
least 18 years of age if an individual; (b) you possess the legal right
and ability to enter into this Agreement; (c) you will use the Services
only for lawful purposes and in accordance with this Agreement and all
applicable policies and guidelines, including the AUP; and (d) your
content does not and will not infringe or violate any right of any third
party (including any intellectual property rights) or violate any
applicable law, regulation or ordinance.
IP Addresses
Beach Cities PC will maintain and control ownership of all Internet
Protocol ("IP") numbers and addresses that Beach Cities PC may assign to
you. Beach Cities PC may, in its sole discretion, change or remove any and
all IP numbers and addresses.
Third Party Products
Beach Cities PC may provide you access to other third party
software and/or services ("Third Party Products") through reseller
relationships that Beach Cities PC has established with certain commercial
vendors, including without limitation, Microsoft Corporation ("Third Party
Vendors"). Unless otherwise notified, Customer understands that product
support for Third Party Products is provided by Beach Cities PC and not by
the Third Party Vendor. Neither Beach Cities PC nor any Third Party Vendor
makes any representations or warranties, expressed or implied, regarding
any Third Party Products. CUSTOMER EXPRESSLY ACKNOWLEDGES AND AGREES THAT
USE OF THIRD PARTY PRODUCTS IS AT CUSTOMER'S SOLE RISK AND SUCH THIRD
PARTY PRODUCTS ARE PROVIDED "AS IS" AND WITHOUT REPRESENTATION OR WARRANTY
OF ANY KIND FROM Beach Cities PC OR ANY THIRD PARTY VENDOR, INCLUDING
WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, LACK OF VIRUSES, ACCURACY OR COMPLETENESS OF RESPONSES
OR RESULTS, CORRESPONDENCE TO DESCRIPTION, OR NON-INFRINGEMENT OF THIRD
PARTY RIGHTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER
Beach Cities PC NOR ANY THIRD PARTY VENDOR WILL BE LEGALLY RESPONSIBLE FOR
ANY DAMAGES, WHETHER DIRECT, INDIRECT, OR CONSEQUENTIAL, ARISING FROM THE
USE OR INABILITY TO USE ANY THIRD PARTY PRODUCT. CUSTOMER AGREES TO
OBSERVE THE TERMS OF ANY LICENSE AND/OR APPLICABLE END USER SUBSCRIBER
AGREEMENT FOR THIRD PARTY PRODUCTS AND THAT CUSTOMER SHALL BE FULLY LIABLE
TO THIRD PARTY VENDORS AND Beach Cities PC WITH RESPECT TO ANY IMPROPER
USE OF SUCH THIRD PARTY PRODUCTS OR VIOLATION OF LICENSE AGREEMENTS WITH
THEM AND/OR APPLICABLE END USER SUBSCRIBER AGREEMENTS.
You shall not (i) remove, modify or obscure any copyright, trademark or
other proprietary rights notices that appear on any Third Party Product or
that appear during use of any Third Party Product; or (ii) reverse
engineer, decompile, or disassemble any Third Party Product, except and
only to the extent that such activity is expressly permitted by applicable
law notwithstanding this limitation.
Enforcement Actions
Beach Cities PC reserves the right to suspend or terminate the Service
immediately or take any other corrective action it deems appropriate in
its sole discretion if in the sole judgment of Beach Cities PC your server
is the source or target of any violation of the AUP or for any other
reason which Beach Cities PC chooses. If inappropriate activity is
detected, all of your accounts in question will be deactivated until an
investigation is complete. Prior notification to you is not assured. In
some cases, law enforcement will be contacted regarding the activity.
These rights of action, however, do not obligate Beach Cities PC to
monitor or exert editorial control over the information made available for
distribution via the Services. If Beach Cities PC takes corrective action
because of a possible violation, Beach Cities PC will not refund you any
fees that you paid in advance of the corrective action.
Disclosure Rights
The AUP specifically prohibits the use of our service for illegal
activities. Therefore, you agree that Beach Cities PC may disclose any and
all of your information including assigned IP numbers, account history,
account use, etc. to any law enforcement agent who makes a written request
without further consent or notification to you. In addition, Beach Cities
PC shall have the right to terminate all service set forth in this
Agreement.
Disclaimed Warranties
Beach Cities PC exercises no control over, and accepts no
responsibility for, the content of the information passing through Beach
Cities PC host computers, network hubs and points of presence, or the
Internet. USE OF THE SERVICES OR ANY INFORMATION THAT MAY BE OBTAINED
THEREFROM IS AT YOUR OWN RISK. ALL SERVICES PERFORMED UNDER THIS AGREEMENT
ARE PERFORMED "AS IS" AND WITHOUT WARRANTY AGAINST FAILURE OF PERFORMANCE
INCLUDING, ANY FAILURE BECAUSE OF COMPUTER HARDWARE OR COMMUNICATION
SYSTEMS. Beach Cities PC DOES NOT MAKE AND DISCLAIMS, AND YOU WAIVE ALL
RELIANCE ON, ANY REPRESENTATIONS OR WARRANTIES, ARISING BY LAW OR
OTHERWISE, REGARDING THE SERVICES, INCLUDING IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR
ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE IN TRADE.
Beach Cities PC DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED,
ERROR-FREE, OR COMPLETELY SECURE.
Limitation and Exclusion of Liability
Limitations
IN NO EVENT WILL Beach Cities PC OR ITS SUPPLIERS HAVE ANY LIABILITY
FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF
INFORMATION DISTRIBUTED OR MADE AVAILABLE FOR DISTRIBUTION VIA THE
SERVICES THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES. NEITHER Beach
Cities PC NOR ITS SUPPLIERS WILL HAVE LIABILITY WITH RESPECT TO Beach
Cities PC'S OBLIGATIONS UNDER THIS AGREEMENT, OR OTHERWISE FOR
CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF
Beach Cities PC HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. THE
LIABILITY OF Beach Cities PC AND ITS SUPPLIERS TO YOU FOR ANY REASON AND
UPON ANY CAUSE OF ACTION IS LIMITED TO THE AMOUNT YOU ACTUALLY PAID TO
Beach Cities PC UNDER THIS AGREEMENT DURING THE THREE (3) MONTHS
IMMEDIATELY PRECEDING THE DATE ON WHICH THE CLAIM ACCRUED. THIS LIMITATION
APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING BREACH OF
CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY,
MISREPRESENTATIONS, AND OTHER TORTS. THE FEES FOR THE SERVICES SET BY
Beach Cities PC UNDER THIS AGREEMENT HAVE BEEN AND WILL CONTINUE TO BE
BASED UPON THIS ALLOCATION OF RISK. ACCORDINGLY, YOU RELEASE Beach Cities
PC AND ITS SUPPLIERS FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS
IN EXCESS OF THE LIMITATION STATED IN THIS SECTION.
Interruption of Service
Beach Cities PC and its suppliers are not liable for any temporary
delay, outages or interruptions of the Services. Further, Beach Cities PC
is not liable for any delay or failure to perform its obligations under
this Agreement, where the delay or failure results from any “act of God”
or other cause beyond its reasonable control (including any mechanical,
electronic, communications or third-party supplier failure).
Indemnification
In agreeing to the Beach Cities PC AUP and this Agreement, you
agree to indemnify, defend and hold harmless Beach Cities PC, its
employees, officers, directors, partners, representatives and affiliates,
for any violation by you or your customers of the AUP or this Agreement
that results either in (a) any cost, expense, damage or loss to Beach
Cities PC, or (b) the bringing of any claim against Beach Cities PC by any
third-party, and all costs, expenses, damages, and losses associated
therewith. For example, if Beach Cities PC is sued because of your or your
customer's activity related to the Services, you will pay any damages
awarded against Beach Cities PC, its employees, directors, partners,
representatives and affiliates, in addition to all costs and attorney's
fees.
MISCELLANEOUS PROVISIONS
Beach Cities PC and you agree that, except as otherwise expressly
provided in this Agreement, the Order Form(s) or the terms and conditions
of use of any third party software products, there shall be no third party
beneficiaries to this Agreement, including but not limited to the
insurance providers for either party or your customers. THIS AGREEMENT IS
MADE UNDER AND WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE
LAWS OF THE STATE OF TEXAS (EXCEPT THAT BODY OF LAW CONTROLLING CONFLICTS
OF LAW) AND SPECIFICALLY EXCLUDING FROM APPLICATION TO THIS AGREEMENT THAT
LAW KNOWN AS THE UNITED NATIONS CONVENTION ON THE INTERNATIONAL SALE OF
GOODS. EXCLUSIVE VENUE FOR ALL DISPUTES ARISING OUT OF OR RELATING TO THIS
AGREEMENT SHALL BE THE STATE AND FEDERAL COURTS IN TEXAS, AND EACH PARTY
IRREVOCABLY CONSENTS TO SUCH PERSONAL JURISDICTION AND WAIVES ALL
OBJECTIONS THERETO. In the event any provision of this Agreement is held
by a tribunal of competent jurisdiction to be contrary to the law, the
remaining provisions of this Agreement will remain in full force and
effect. The waiver of any breach or default of this Agreement will not
constitute a waiver of any subsequent breach or default, and will not act
to amend or negate the rights of the waiving party. You may not sell,
assign or transfer its rights or delegate its duties under this Agreement
either in whole or in part without the prior written consent of Beach
Cities PC, and any attempted assignment or delegation without such consent
will be void. Beach Cities PC may assign this Agreement in whole or part.
Beach Cities PC also may delegate the performance of certain Services to
third parties. All notices, demands, requests or other communications
required or permitted under this Agreement shall be deemed given when
delivered personally, sent by facsimile upon confirmation, sent and
received by return receipt email, or upon receipt of delivery of overnight
mail. You and Beach Cities PC are independent contractors and this
Agreement will not establish any relationship of partnership, joint
venture, employment, franchise or agency between you and Beach Cities PC.
This Agreement, including all documents incorporated herein by reference,
constitutes the complete and exclusive agreement between the parties with
respect to the subject matter hereof, and supersedes and replaces any and
all prior or contemporaneous discussions, negotiations, understandings and
agreements, written and oral, regarding such subject matter.
Survival
All provisions of this Agreement relating to your warranties, intellectual
property rights, limitation and exclusion of liability, your
indemnification obligations and payment obligations will survive the
termination or expiration of the Agreement.
