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://securedbeach.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.
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.
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 attorneys 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://securedbeach.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:
Notification of Violations or Infractions
Beach Cities PC is under no duty to look at each clients or users 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.
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.
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.
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.
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.
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
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).
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.
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.
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