In the course of using our Site and service (together, the “Service”) we ask you to provide us with certain personal information. The personal information that we collect, process and file, inter alias, is:

Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Better Than Hosting is not responsible for third party access to your account that results from theft or misappropriation of your account. Better Than Hosting and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Children Under Thirteen
Better Than Hosting does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use betterthanhosting.com only with the permission of a parent or guardian.

Cancellation/Refund Policy
You may cancel your service at any time by logging into your Better Than Hosting account and electing to cancel your subscription. Better Than Hosting does not offer prorated refunds, so the account will stay active and accessible until the end of the period paid for.  

Your website will no longer be available via the IP supplied by Better Than Hosting after 11:59 PM AKST of the last paid day of your subscription. The most recent backup will be kept on file for 30 days and available for electronic transfer to you for a flat rate of $99 (mailed thumb drive for $149 anywhere in the United States) and an archive is available for electronic retrieval for up to 365 days thereafter for a flat rate of $199. These files are not guaranteed to be without error. 

You are wholly responsible for securing any code regarding the hosted site and managing the A records of the hosted site. Better Than Hosting will not be responsible in any way for any losses of revenue or otherwise due to website down times after the final date of hosting.

There are no refunds of any kind minus those covered in the Worry-Free Guarantee.

Links to Third Party Sites/Third Party Services betterthanhosting.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Better Than Hosting and Better Than Hosting is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Better Than Hosting is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Better Than Hosting of the site or any association with its operators.

Certain services made available via betterthanhosting.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the betterthanhosting.com domain, you hereby acknowledge and consent that Better Than Hosting may share such information and data with any third party with whom Better Than Hosting has a contractual relationship to provide the requested product, service or functionality on behalf of betterthanhosting.com users and customers.

No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use betterthanhosting.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Better Than Hosting that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Better Than Hosting or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Better Than Hosting content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Better Than Hosting and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Better Than Hosting or our licensors except as expressly authorized by these Terms.

International Users
The Service is controlled, operated and administered by Better Than Hosting from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Better Than Hosting Content accessed through betterthanhosting.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification
You agree to indemnify, defend and hold harmless Better Than Hosting, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Better Than Hosting reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Better Than Hosting in asserting any available defenses.

Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Better Than Hosting agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BETTER THAN HOSTING AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

BETTER THAN HOSTING AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. BETTER THAN HOSTING AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BETTER THAN HOSTING AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BETTER THAN HOSTING OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction
Better Than Hosting reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Alaska and you hereby consent to the exclusive jurisdiction and venue of courts in Alaska in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Better Than Hosting as a result of this agreement or use of the Site. Better Than Hosting’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Better Than Hosting’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Better Than Hosting with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Better Than Hosting with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Better Than Hosting with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

BETTER THAN HOSTING | ACCEPTABLE USE POLICY (“AUP”)

1. General Information. As a provider of Internet/World Wide Web access, web site hosting, and other Internet-related services, BETTER THAN HOSTING, A DIVISION OF BUZZBIZZ MEDIA, LLC (“the Company”) offers its customers, the means to acquire and disseminate a wealth of public, private, commercial, and non-commercial information. the Company respects that the Internet provides a forum for free and open discussion and dissemination of information, however, when there are competing interests at issue, the Company reserves the right to take certain preventative or corrective actions. In order to protect these competing interests, the Company has developed this Acceptable Use Policy (“AUP”), which supplements and explains certain terms of each customer’s respective service agreement and is intended as a guide to the customer’s rights and obligations when utilizing the Company’s services. This AUP will be revised from time to time. A customer’s use of the Company’s services after changes to the AUP are posted on the Company’s web site, https://www.betterthanhosting.com under the Acceptable Use Policy, will constitute the customer’s acceptance of any new or additional terms of the AUP that result from those changes. One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet’s openness and value, but it also places a high premium on the judgment and responsibility of those who use the Internet, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that the Company cannot monitor, verify, warrant, or vouch for the accuracy and quality of the information that users may acquire. For this reason, the user must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet is sexually explicit or otherwise offensive. Because the Company cannot monitor or censor the Internet, and will not attempt to do so, the Company cannot accept any responsibility for injury to its users, customers or subscribers that results from inaccurate, unsuitable, offensive, or illegal Internet communications. When users, customers or disseminate information through the Internet, they also must keep in mind that the Company does not review, edit, censor, or take responsibility for any information its users, customers or subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation, and other harmful speech. Also, because the information they create is carried over the Company’s network and may reach a large number of people, including both customers and subscribers and non-subscribers of the Company, customers’ and subscribers’ postings to the Internet may affect other customers and subscribers and may harm the Company’s goodwill, business reputation, and operations. For these reasons, customers and subscribers violate the Company policy and the service agreement when they, their customers, affiliates, or subsidiaries engage in activities described herein.

2. Scope. This AUP governs the usage of the Company’s products and services (the “Services”). This AUP is incorporated by reference into each contract the Company enters into with a customer (each, a “Customer”) for the use of such Services. the Company may modify this AUP at any time without notice. In addition, this AUP is incorporated by reference into the Terms of Service applicable to the Company’s Web site so that no person who utilizes the Company’s Web site (regardless of whether that person is a Customer) may take any action utilizing the Company’s Web site that a Customer would be prohibited to take utilizing the Services.

3. Purpose. This AUP governs the usage of the Company’s products and services (the “Services”). This AUP is incorporated by reference into each contract the Company enters into with a customer (each, a “Customer”) for the use of such Services. the Company may modify this AUP at any time without notice. In addition, this AUP is incorporated by reference into the Terms of Service applicable to the Company’s Web site so that no person who utilizes the Company’s Web site (regardless of whether that person is a Customer) may take any action utilizing the Company’s Web site that a Customer would be prohibited to take utilizing the Services.

4. Prohibited Uses. Customers and Users may not:

a. Utilize the Services to send unsolicited bulk and/or commercial messages over the Internet (known as “spam” or “spamming”). It is not only harmful because of its negative impact on consumer attitudes toward the Company, but also because it can overload the Company’s network and disrupt service to its Customers subscribers. Maintaining an open SMTP relay is prohibited. Any direct action, configuration, or setting that causes excessive outbound email traffic is subject to review and possible action. When a complaint is received, the Company has the absolute and sole discretion to determine from all of the evidence whether the email recipients were from an “opt-in” email list, or whether the outbound email traffic generated from an account is suitable for a shared hosting environment.
b. Utilize the Services in connection with any illegal activity. Without limiting the general application of this rule, Customers and Users may not:
i. Utilize the Services to copy material from third parties (including text, graphics, music, videos or other copyrightable material) without proper authorization;
ii. Utilize the Services to misappropriate or infringe the patents, copyrights, trademarks or other intellectual property rights of any third party;
iii. Utilize the Services to traffic in illegal drugs, illegal gambling, obscene materials or other any products or services that are prohibited under applicable law;
iv. Utilize the Services to export encryption software to points outside the United States in violation of applicable export control laws;
v. Utilize the Services to Forge or misrepresent message headers, whether in whole or in part, to mask the originator of the message;
vi. Utilize the Services in any manner that violates applicable law.
c. Utilize the Services in connection with any tortious or actionable activity. Without limiting the general application of this rule, Customers and Users may not:
Utilize the Services to publish or disseminate information that (A) constitutes slander, libel or defamation, (B) publicizes the personal information or likeness of a person without that person’s consent or (C) otherwise violates the privacy rights of any person. Utilize the Services to threaten persons with bodily harm, to make harassing or abusive statements or messages, or to solicit the performance of acts or services that are illegal under applicable law.
d. Utilize the Services in connection with any other disruptive or abusive activity. Without limiting the general application of this rule, Customers and Users may not:
i. Utilize the Services to cause a denial of service attacks against the Company or other network hosts or Internet users or to otherwise degrade or impair the operation of the Company’s servers and facilities or the servers and facilities of other network hosts or Internet users;
ii. Post messages or software programs that consume excessive CPU time, or storage space, or network bandwidth;
iii. Utilize the Services to offer mail services, mail forwarding capabilities, POP accounts or auto-responders other than for the User’s own account;
iv. Utilize the Services to resell access to CGI scripts installed on the Company’s servers;
v. Utilize the Services to subvert, or assist others in subverting, the security or integrity of any the Company systems, facilities or equipment;
vi. Utilize the Services to gain unauthorized access to the computer networks of the Company or any other person;
vii. Utilize the Services to provide passwords or access codes to persons not authorized to receive such materials by the operator of the system requiring the password or access code;
viii. Utilize the Services to provide passwords or access codes to persons not authorized to receive such materials by the operator of the system requiring the password or access code;
ix. Utilize the Services to distribute or post any virus, worm, Trojan horse, or computer code intended to disrupt services, destroy data, destroy or damage equipment, or disrupt the operation of the Services;
x. Utilize the Services to conduct port scans or other invasive procedures against any server (except any server for which the User is an authorized system administrator);
xi. Utilize the Services to distribute, advertise or promote software or services that have the primary purpose of encouraging or facilitating unsolicited commercial e-mail or Spam;
xii. Utilize the Services to solicit or collect, or distribute, advertise or promote, e-mail address lists for the purpose of encouraging or facilitating unsolicited commercial e-mail or Spam;
xiii. Utilize the Services in any manner that might subject the Company to unfavorable regulatory action, subject the Company to any liability for any reason, or adversely affect the Company’s public image, reputation or goodwill, including, without limitation, sending or distributing sexually explicit, hateful, vulgar, racially, ethnically or otherwise objectionable materials as determined by the Company in its sole discretion;
xiv. While on a shared hosting platform, utilize, operate, enable, execute, compile, upload or publicly store source code, executable code, programs, or software packages designed to perform tasks not directly associated with website/email hosting, including, without limitation, (A) directly opening any listening port, (B) starting any ‘daemon’ process, (C) performing local/remote security scans, (D) simulating local shell/OS access by means of a tunneled/encapsulated connection to a remote host, (E) circumventing firewall restrictions, (F) connecting to any IRC/Peer to Peer file sharing server/network, (G) providing ‘tracker’ services to ‘BitTorrent’ clients and/or (H) exploiting web browser vulnerabilities, as determined by the Company in its sole discretion;
xv. Attempt to attack, disrupt, or abuse the support- and contact-related mechanisms of COMPANY, including, but not limited to, telephone lines, email addresses, fax lines, bulletin boards or contact/signup forms;
xvi. Utilize the Services in any other manner to interrupt or interfere with the Internet usage of other persons;

5. Violations

a. Disclaimer. the Company expressly disclaims any obligation to monitor its Customers and other Users with respect to violations of this AUP. the Company has no liability or responsibility for the actions of any of its Customers or other Users or any content any User may post on any Web site.
b. Reporting Non-Copyright Violations. the Company encourages Users to report violations of this policy by e-mail to: support@BTHosting.com, including in any such report the name of the offending domain (for example, xyz.com) and the type of abuse (for example, Spam, illegal acts, harassment, etc.) in the “subject” field of the e-mail.
c. Reporting Copyright Violations. the Company complies with the Digital Millennium Copyright Act (“DMCA”). the Company encourages Users to report an alleged copyright infringement involving a user by sending a notice that complies with the DMCA which information is located under the Legal section of this website to betterthanhosting@bbsalaska.com.
d. Remedies. If the Company learns of a violation of this AUP, the Company will respond to the applicable Customer and may, in the Company’s sole discretion, take any of the following actions, in accordance with the severity and duration of the violation:
i. Warning the Customer; and/or
ii. Suspending the offending Customer from the Services; and/or
iii. Terminating the offending Customer from the Services; and/or
iv. Imposing fees or charges on the offending Customer account in accordance with the applicable service contract; and/or
v. Removing the offending content; and/or
vi. Taking other actions in accordance with this AUP, the applicable service contract or applicable law.
e. Reservation of Rights. the Company reserves the right to cooperate with appropriate legal authorities in investigations of claims of illegal activity involving the Company’s Services, Customers and other Users. the Company reserves all other rights to respond to violations of this AUP to the extent of applicable law and in accordance with any applicable contractual obligations. the Company may utilize technical means to monitor communications into, and out of, its network facilities to prevent the introduction of viruses or other hostile code, to prevent intrusions and otherwise to enforce this AUP and each Customer agrees that the Company is authorized to monitor its communications through the Company’s network for such purposes.

Changes to Terms
Better Than Hosting reserves the right, in its sole discretion, to change the Terms under which betterthanhosting.com is offered. The most current version of the Terms will supersede all previous versions. Better Than Hosting encourages you to periodically review the Terms to stay informed of our updates.

Contact Us
Better Than Hosting welcomes your questions or comments regarding the terms:

Better Than Hosting
PO Box 190869
PMB 20964
Anchorage, Alaska 99519-0869 US

Email Address:
support@BTHosting.com

Telephone number:
866-412-HOST

Revised: July 27, 2020