Belvic TERMS OF SERVICE (TOS)
TERM OF AGREEMENT/ MODIFICATION
You agree that www.belvicwebservices.com may modify this Agreement and the Services it offers to you from time to time. You agree to be bound by any changes www.belvicwebservices.com may reasonably make to this Agreement when such changes are made. If you have purchased Services from www.belvicwebservices.com, the terms and conditions of this Agreement shall continue in full force and effect as long as you take advantage of and use the Services. By continuing to use the Services after any revision to this Agreement or change in services, you agree to abide by and be bound by any such revisions or changes.
USE OF CONTENT ON THE SITE
You may view, download, and print contents from the Site subject to the following conditions: (a) the content may be used solely for information purposes; and (b) the content may not be modified or altered in any way. You may not republish, distribute, prepare derivative works, or otherwise use the content other than as explicitly permitted herein.
You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Belvic Web Services without the express written consent of Belvic Web Services. You may not use any meta tags or any other “hidden text” utilizing Belvic Web Services’ name or trademarks without the express written consent of Belvic Web Services. You may not use any Belvic Web Services logo or other proprietary graphic or trademark as part of the link without express written permission.
You do not acquire any ownership rights to any content in the Site. Any unauthorized use terminates the permission or license granted by Belvic Web Services.
Any statements contained within the Site concerning Belvic Web Services’ future prospects are “forwarding looking statements” under the Federal Securities laws. There can be no assurance that future results will be achieved and actual results could differ materially from forecasts, estimates and summary information contained in the Site. Important factors that could cause actual results to differ materially include but are not limited to factors discussed in Belvic Web Services’ SEC filings.
You agree to maintain accurate information by providing updates to www.belvicwebservices.com, as needed, while you are using the Services. You agree you will notify www.belvicwebservices.com within five (5) business days when any change of the information you provided as part of the application and/or registration process changes. Failure by You, for whatever reason, to respond within five (5) business days to any inquiries made by www.belvicwebservices.com to determine the validity of information provided by you will constitute a material breach of this Agreement. If you provide any information that is inaccurate, not current, false, misleading or incomplete, or if www.belvicwebservices.com has reasonable grounds to suspect that your information is inaccurate, not current, false, misleading or incomplete, www.belvicwebservices.com has the absolute right, in its sole discretion, to terminate its Services and close your account.
ACCEPTED USE POLICY
www.belvicwebservices.com’s Accepted Use Policy (“AUP”), which is incorporated herein by reference, is applicable to all Services. You should use all Services for lawful purposes only. You agree to maintain your website in full compliance with the terms and conditions set forth in the AUP. By using any Services, You agree:
- not to violate the laws, regulations, ordinances or other such requirements of any applicable Federal, State or local government.
- not to transmit any unsolicited commercial or bulk email, not to be engaged in any activity known or considered to be spamming or Mail Bombing.
- not to make any inappropriate communication to any Newsgroup, Mailing List, Chat Facility, or another Internet Forum.
- not to make, attempt or allow any unauthorized access to www.belvicwebservices.com website, servers, Your own hosting account or the account of any other customers of www.belvicwebservices.com.
- not to allow any remote code execution of malicious software through the hosting account provided by www.belvicwebservices.com.
- not to cause denial of service attacks, port scans or other endangering and invasive procedures against www.belvicwebservices.com servers and facilities or the servers and facilities of other network hosts or Internet users.
- not to forge the signature or other identifying mark or code of any other person or engage in any activity to attempt to deceive other persons regarding the true identity of the User.
- not to use the Services to host any website, other content, links or advertisements of websites that: infringe any copyright, trademark, patent, trade secret, or other proprietary rights of any third party information; are connected with child pornography; profess hatred for particular social, ethnical, religious or other group; contain viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar software or programs that may damage the operation of a computer or a person’s property; contain warez; contain any kind of proxy server or other traffic relaying programs; promote money making schemes, multi-level marketing or similar activities; contain torrent trackers, torrent Portals or similar software; violent or encouraging violence.
- not to upload unacceptable material which include: IRC bots, warez, image, file dump, mirror, or banner-ad services, top-sites, commercial audio streaming, Escrow, High-Yield Interest Programs (HYIP) or related sites, investment sites, sale of any controlled substances without providing proof of appropriate permit(s) in advance, Auto Surf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg’s, hate sites, hacking focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts.
- Not to engage in or to instigate actions that cause harm to www.belvicwebservices.com or other Customers. Such actions include, but are not limited to, actions resulting in blacklisting any of Our IPs by the any online spam database, actions resulting in DDOS attacks for any servers, etc. www.belvicwebservices.com reserves the right to refuse the Services to anyone upon our discretion. Any material that in www.belvicwebservices.com judgment, is either obscene or threatening is strictly prohibited and will be removed from www.belvicwebservices.com servers immediately with or without prior notice and may lead to possible warning, suspension or immediate account termination with no refund. You agree that we have the sole right to decide what constitutes a violation of the acceptable policy use described above as well as what is the appropriate severity of any corrective action to be applied. In the event that a violation of Our Acceptable Use Policy is found, www.belvicwebservices.com will take corrective action upon our own discretion and will notify you. www.belvicwebservices.com decision in such case is binding and final, and cannot be a subject of a further change. www.belvicwebservices.com cannot and shall not be liable for any loss or damage arising from our measures against actions causing harm to www.belvicwebservices.com or any other third party. We have the right to terminate each and any hosting account that has been suspended for any reason for more than 14 calendar days after the suspension date, unless You has taken corrective measures to remove the initial suspension threat or violation. Any backup copies of the hosting account will be permanently deleted upon termination and no refund will be due. www.belvicwebservices.com will not be liable for any loss or damages in such cases.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
You may submit comments and provide other content so long as the content is not obscene, illegal, threatening, or defamatory and so long as the content does not invade the privacy or infringe the intellectual property of a third party. Further, such content may not contain software viruses, mass mailings, chain letters, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of the information.
By submitting information, you grant Belvic Web Services a nonexclusive, royalty free, perpetual, irrevocable, and fully sub-licensable right to reproduce, use, modify, publish, adapt, translate, create derivative works from, distribute, and display such content throughout the world in any media. By submitting information you also represent and warrant that that the content is accurate; you own or have permission to use the content that you submit; and that use of the content will not cause injury to any person or entity.
PRODUCTS AND SERVICES OFFERED BY BELVIC WEB SERVICES ON THE SITE
Belvic Web Services offers products and services on the Site. When you enroll to obtain a product or service from Belvic Web Services on the Site, you accept the specific agreement applicable to that product or service. Your use of any such product or service offered on the Site is governed by the terms and conditions in the agreement for that product or service. Except as provided in that agreement, Belvic Web Services does not warrant that any product descriptions or content contained in this website is accurate, current, reliable, complete, or error-free.
STORAGE AND SECURITY
At all times, you shall bear full risk of loss and damage to your server and all of your server content. You are entirely responsible for maintaining the confidentiality of your password and account information. You acknowledge and agree that you are solely responsible for all acts, omissions and use under and charges incurred with your account or password or in connection with the server or any of your server content displayed, linked, transmitted through or stored on the server. You shall be solely responsible for undertaking measures to:
- prevent any loss or damage to Your server content;
- maintain independent archival and backup copies of Your server content;
- ensure the security, confidentiality and integrity of Your server content transmitted through or stored on www.belvicwebservices.com servers; and
- Ensure the confidentiality of your password. www.belvicwebservices.com servers are not an archive and www.belvicwebservices.com shall have no liability to you or any other person for loss, damage or destruction of any of Your content.
The Services offered by www.belvicwebservices.com are not intended to provide a PCI (Payment Card Industry) compliant environment and therefore should not be utilized as such without further compliance activity. www.belvicwebservices.com shall have no liability to you or any other person for your use of www.belvicwebservices.com Services in violation of these terms.
Except as otherwise set forth herein, all right, title and interest in and to all,
- registered and unregistered trademarks, service marks and logos.
- patents, patent applications, and patent-able ideas, inventions, and/or improvements.
- trade secrets, proprietary information, and know-how.
- all divisions, continuations, reissues, renewals, and extensions thereof now existing or hereafter filed, issued, or acquired.
- registered and unregistered copyrights including, without limitation, any forms, images, audiovisual displays, text, software and
- all other intellectual property, proprietary rights or other rights related to intangible property which are used, developed, comprising, embodied in, or practiced in connection with any of the Services identified herein (“IP rights”) are owned by Belvic Web Services or its licencors, and you agree to make no claim of interest in or ownership of any such IP rights. You acknowledge that no title to the IP rights is transferred to you, and that You do not obtain any rights, express or implied, in the Services, other than the rights expressly granted in this Agreement. To the extent that you create any Derivative Work (any work that is based upon one or more preexisting versions of a work provided to you, such as an enhancement or modification, revision, translation, abridgment, condensation, expansion, collection, compilation or any other form in which such preexisting works may be recast, transformed or adapted) such Derivative Work shall be owned by Belvic Web Services and all right, title and interest in and to each such Derivative Work shall automatically vest in Belvic Web Services. Belvic Web Services shall have no obligation to grant You any right in any such Derivative Work
THIRD PARTY CONTENT
If you elect to sell or resell advertising or web space to a third party then you will be responsible for the contents of that advertising and the actions of that third party. Belvic Web Services has the absolute right to reject any advertising or other third party content that is illegal, offensive or otherwise in breach of the then current Belvic Web Services policy or agreement. Such content may result in the suspension or in the immediate termination of your account. You are responsible for monitoring all service renewals and orders. In the event that an error occurs the account holder must notify Belvic Web Services immediately of the error. In no event shall Belvic Web Services be liable to the Account Holder for any damages resulting from or related to any failure or delay of domain registration, transfer or renewal.
BILLING AND PAYMENT
All fees for the Services shall be in accordance with Belvic Web Services’ fee schedule then in effect, the terms of which are incorporated herein by reference, and shall be due at the times provided therein. Fees for renewal periods after the Initial Term shall be due and owing immediately upon the first day of such renewal period. Belvic Web Services may impose a debt service charge equal to one and one-half percent (1.5%) of the overdue balance for each month or fraction thereof the overdue amount remains unpaid. In addition, in the event that any amount due Belvic Web Services remains unpaid fourteen (14) days after such payment is due, Belvic Web Services, in its sole discretion, May immediately terminate this agreement, and/or withhold or suspend Services. There will be a $15.00 fee to reinstate accounts that have been suspended or terminated. All taxes, fees and governmental charges relating to the Services provided hereunder shall be paid by you.
If you signed up for a monthly payment plan, your monthly billing date will be determined based on the day of the month you purchased the products or Services. If You signed up for an annual (or longer) payment plan, and You elected the automatic renewal option, Belvic Web Services will automatically renew Your Services when they come up for renewal and will take payment in accordance with the designated payment method at Belvic Web Services’ then current rates.
Belvic Web Services respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedures for Making Claims of Copyright Infringement below.
Notice and Procedure for Making Claims of Copyright Infringement Pursuant to the Digital Millennium Copyright Act
If you believe that you hold a claim of copyright infringement against Belvic Web Services, submit notice of your claim to the following Designated Agent:
Service Provider: Belvic Web Services,
Assigned Agent: belvicwebsolutions.com Abuse Team
Address to Which Notification Should Be Sent:
Attn: Legal Department
Address: International House, 12 Constance Street, London, England
UK: 0800 086 8753
UK: 0203 695 9663
USA: +1 323 576 4077
CANADA: +1 647 557 9742
Email: [email protected]
To be effective, the notification of your claim of copyright infringement should be written and should include the following:
- A statement that you are the owner of the exclusive right you claim has been infringed, or a statement that you are authorized to act on behalf of the owner of an exclusive right that has allegedly been infringed.
- A statement, under penalty of perjury, that the information in the notification is accurate.
- Your signature. (The signature may be either physical or electronic.)
- The identification of the copyrighted work you claim has been infringed. (If you claim that multiple copyrighted works have been infringed you can submit one notification with a list of the allegedly infringed works.)
- Identification of the material that you claim to be infringing and information reasonably sufficient to permit Belvic Web Services, to locate the material.
- Information reasonably sufficient to permit Belvic Web Services, to contact you, including your address, telephone number, fax number and, if available, an electronic mail address. You can provide contact information for the owner of the exclusive right that you claim has been infringed if you are not the owner, but rather authorized to act on behalf of the owner.
- A statement you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law
ADDITIONAL RESERVATION OF RIGHTS
Belvic Web Services expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any account or any Services (including the right to cancel or transfer any domain name registration) for any reason (as determined by Belvic Web Services in its sole and absolute discretion), including but not limited to the following: (i) to correct mistakes made by Belvic Web Services in offering or delivering any Services (including any domain name registration); (ii) to protect the integrity and stability of, and correct mistakes made by, any domain name registry; (iii) to assist with our fraud and abuse detection and prevention efforts; (iv) to comply with applicable local, state, national and international laws, rules and regulations; (v) to comply with requests of law enforcement, including subpoena requests; (vi) to comply with any dispute resolution process; (vii) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, or (viii) to avoid any civil or criminal liability on the part of Belvic Web Services, its officers, directors, employees and agents, as well as Belvic Web Services’ affiliates.
In the event that Belvic Web Services need exercise any of its rights expressed herein to investigate any potential breach or violation of the terms and conditions of this Agreement, service fees may continue to accrue on your accounts, and you will continue to remain responsible for the payment of any service fees that accrue during the relevant period.
BELVIC WEB SERVICES and other marks indicated on our site are registered trademarks of Belvic Web Services in the United States and/or other countries. Other Belvic Web Services marks, graphics, logos, page headers, button icons, scripts noted on the Site are Belvic Web Services’ service marks, trademarks and trade dress and are the sole and exclusive property of Belvic Web Services. Belvic Web Services’ service marks, trademarks and trade dress may not be used in any manner that is likely to cause confusion among customers, in any manner that disparages or discredits Belvic Web Services and in connection with any service or product that is not sponsored, endorsed or produced by Belvic Web Services. All other trademarks not owned by Belvic Web Services or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Belvic Web Services.
You agree that any notices required to be given under this Agreement by Us to You will be deemed to have been given if delivered in accordance with the account and/or domain name WHOIS information You have provided. You acknowledge that it is Your responsibility to maintain current contact information in the account and/or domain name WHOIS information You have provided.
You attest that you are of legal age to enter into this Agreement, in accordance with the laws of your jurisdiction.
This Agreement, together with all modifications, constitutes the complete and exclusive agreement between you and us, and supersede and govern all prior proposals, agreements, or other communications. This Agreement may not be amended or modified by you except by means of a written document signed by both You and an authorized representative of Us. By applying for Belvic Web Services’ services through the online application process or otherwise, or by using the Services under this Agreement, you acknowledge that you have read and agree to be bound by all terms and conditions of this Agreement and documents incorporated by reference.
NO AGENCY RELATIONSHIP
Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties hereto. Each party shall ensure that the foregoing persons shall not represent to the contrary, either expressly, implicitly, by appearance or otherwise.
In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.
ASSIGNMENT AND RESALE
Except as otherwise set forth herein, Your rights under this Agreement are not assignable or transferable. Any attempt by Your creditors to obtain an interest in Your rights under this Agreement, whether by attachment, levy, garnishment or otherwise, renders this Agreement voidable at Our option. You agree not to reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes any of the Services (or portion thereof) without Belvic Web Services’ prior express written consent.
Neither party shall be deemed in default hereunder, nor shall it hold the other party responsible for, any cessation, interruption or delay in the performance of its obligations hereunder due to causes beyond its control including, but not limited to: earthquake; flood; fire; storm; natural disaster; act of God; war; terrorism; armed conflict; labor strike; lockout; boycott; supplier failures, shortages, breaches, or delays; or any law, order regulation, direction, action or request of the government, including any federal, state and local governments having or claiming jurisdiction over Belvic Web Services, or of any department, agency, commission, bureau, corporation or other instrumentality of any federal, state, or local government, or of any civil or military authority; or any other cause or circumstance, whether of a similar or dissimilar nature to the foregoing, beyond the reasonable control of the affected party, provided that the party relying upon this section (i) shall have given the other party written notice thereof promptly and, in any event, within five (5) days of discovery thereof and (ii) shall take all steps reasonably necessary under the circumstances to mitigate the effects of the force majeure event upon which such notice is based; provided further, that in the event a force majeure event described in this Section extends for a period in excess of thirty (30) days in the aggregate, Belvic Web Services may immediately terminate this Agreement.
EXCEPT AS EXPRESSLY STATED IN AN AGREEMENT BETWEEN YOU AND BELVIC WEB SERVICES, ALL CONTENT, SERVICES, PRODUCTS AND SOFTWARE PROVIDED ON THIS WEB SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. BELVIC WEB SERVICES AND ITS SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED
INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE AND NONINFRINGEMENT. YOU ARE SOLELY RESPONSIBLE FOR THE APPROPRIATENESS OF THE SITE, ITS CONTENT, AND THE PRODUCTS AND SERVICES OFFERED BY BELVIC WEB SERVICES ON THE SITE FOR YOUR INTENDED APPLICATION AND USE. BELVIC WEB SERVICES DOES NOT WARRANT THAT THE SITE, ITS CONTENT, OR THE PRODUCTS AND SERVICES IT OFFERS ON THE SITE MEET YOUR REQUIREMENTS. SUBJECT TO THE TERMS OF ANY AGREEMENT BETWEEN YOU AND BELVIC WEB SERVICES, BELVIC WEB SERVICES, ITS SUPPLIERS AND LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, EVEN IF BELVIC WEB SERVICES, ITS SUPPLIERS OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify, and hold harmless Belvic Web Services, employees, attorneys, and agents (“Indemnitees”) against all claims, expenses, liabilities, losses, costs, and damages, including reasonable attorney’s fees, that the Indemnities may incur (i) in connection with your use of the Site or any hyperlinked web site or (ii) resulting from content you supply.
All matters relating to your access to and use of the Site shall be governed by U.S. federal law or the laws of the States of where the specific website you are viewing is hosted without regard to its conflict of law principles. Any legal action or proceeding relating to your access to or use of the Site shall be instituted in a state or federal court in the jurisdiction in which the specific website you are viewing is hosted.
Our focus is on developing creative websites, web applications and delivering custom-made software couple with a strategic search engine optimization.