Hosting Terms & Conditions

Our Hosting Terms of Service covers Server Maintenance PolicySupport Policy (as it pertains to Web Hosting), and an Acceptable Use Policy (as it pertains to Web Hosting).

We also have a Support Policy as well as a Fair Use Policy as it pertains to everything else beyond the web hosting portion of our service.

Server Maintenance Policy

1. Purpose

This is Better Business (“Better Business”, “we”, or “our”) Server Maintenance Policy. This Server Maintenance Policy discusses the ways in which we maintain our technology to improve and administer the Services (as defined in the Terms of Service) and how you will be impacted by those actions. Capitalized terms used but not defined in this policy have the meaning given to them in our Terms of Services, located at: https://betterbusiness.co.za/terms-of-service/

2. Availability

We offer a 99.9% uptime commitment. We will use our commercially reasonable efforts to provide the Services twenty-four (24) hours a day, seven days a week. However, in order to operate in an efficient and secure manner, servers and network equipment require routine maintenance and upgrades (“Scheduled Downtime”) and you acknowledge that from time to time the Services may be unavailable for various reasons, including due to Scheduled Downtime or causes beyond our control. We will provide commercially reasonable advance notice to you for Scheduled Downtimes, and will use commercially reasonable efforts to minimize any other disruption, inaccessibility, or inoperability of our web servers but we are not responsible for the unavailability.

3. Maintenance

Planned outages, including Scheduled Downtime, during these periods will not fall under our 99.9% uptime commitment. Better Business will make a reasonable effort to advise Better Business customers as far in advance as possible of any predicted extended outages.

1. Definitions. Three types of maintenance downtimes are defined:

i. “Routine Maintenance” means a weekly short downtime necessary for quick updates and patches requiring reboots or restarts.

ii. “Comprehensive Maintenance” means a longer monthly or otherwise scheduled downtime necessary for more significant enhancements.

iii. “Emergency Maintenance” means a service affecting maintenance that is so severe it requires immediate attention.

iv. “Scheduled Downtime” includes (i) and (ii) above.

2. Intervals. The Scheduled Downtime intervals are as follows (the time zone is where the data center or server is located):

i. Routine Maintenance Window (Weekly). Sunday mornings, from 12:00 AM until 5:00 AM, outages should not exceed fifteen (15) minutes unless other problems are encountered and will NOT be announced.

ii. Comprehensive Maintenance Window (Monthly or Scheduled). First Saturday evening of every month from 7:00 PM until 7:00 AM Sunday morning or otherwise scheduled and communicated to affected customers via your contact email address.

iii. Emergency Maintenance. This type of maintenance is inherently not scheduled and is only used in extreme circumstances. We will make our best effort to notify customers should this become necessary.

3. Limitations. This Server Maintenance Policy includes but is not limited to: (i) shared servers and accounts, (ii) dedicated servers and accounts, (iii) all network equipment, and (iv) internal websites such as billing and support. Major system upgrades may require additional Scheduled Downtime.

4. Backup of Data

Before attempting to troubleshoot any issue yourself or engaging us to assist with Service issues, please BACKUP ANY AND ALL DATA. Better Business is not responsible for any data loss or corruption, including that resulting from: (i) our authorized actions, (ii) those actions you take using the Services, (iii) hardware failures, or (iv) any software or other technology failures.

5. Customer Responsibilities

WE HAVE NO RESPONSIBILITY FOR DOWNTIME RESULTING FROM YOUR ACTIONS. Please contact support at https://betterbusiness.co.za/contact-us/ and file a ticket if you have any questions.

6. Date of Policy

This Server Maintenance Policy was last updated August 29, 2018.

Support Policy

1. Purpose

This is Better Business (“Better Business”, “we”, or “our”) Support Policy. The purpose of this Support Policy is to clearly lay out Better Business’s support policies and procedures so that all customers have a clear understanding of what can be expected of us and what we expect of you, our valued customer, in connection with our delivery and your use of the Services (as defined in the Terms of Service). We ask that every customer read these policies and familiarize themselves with them. We look forward to providing quality support for all of your hosting needs. Capitalized terms used but not defined in this policy have the meaning given to them in our Terms of Services, located at: https://betterbusiness.co.za/terms-of-service/.

2. Backup of Data

Before attempting to troubleshoot any issue yourself or engaging us to assist with Service issues, please BACKUP ANY AND ALL DATA. Better Business is not responsible for any data loss or corruption, including that resulting from: (i) our authorized actions, (ii) those actions you take using the Services, (iii) hardware failures, or (iv) any software or other technology failures.

3. Methods of Support

Support Generally. Support we offer is included as a Service. We do not charge for responding to technical support tickets, or LiveChat but we do expect you to abide by the terms of this Support Policy and our other Policies when utilizing this Service.

Technical Support TicketsThis is our primary support system. Almost ALL issues will require the submission of a trouble ticket. This is our preferred method because of the ability to track issues to resolution and give us time to properly review and research problems. Please do not submit multiple tickets about the same problem as that simply creates confusion. If you need to add information to an existing ticket, please do so in the existing ticket by logging into the support system or by replying to the ticket email.

LiveChat. LiveChat is available by clicking the Live Help button on our website. This gives you the ability to immediately contact one of our representatives. Due to the nature of live chat, our goal is to gather all necessary details and open a support ticket on your behalf. Our team is focused on ensuring proper resolutions as quickly as possible.

4. Customer Relationships

We strive to provide you with courteous, professional, and technically accurate support. Although we understand how frustrating technical problems can be, we ask that you treat us with respect and we will do the same in return. Our ultimate goals are the same, providing you with accurate support in a timely manner. If you feel you have been treated unfairly or have any other complaints, you may contact us to reach a supervisor directly.

5. Support Hours

The timeframes below are when the applicable method of support is provided. You can of course submit tickets outside this time frame, but answers may not be received until business hours resume.

6. Technical Support Tickets

1. Support Tickets: 24 hours a day, 7 days a week
2. LiveChat: 24 hours a day, 7 days a week
3. Billing Tickets: Monday-Friday 9:00AM – 7:00PM US Eastern Time

7. Billing and Sales Support

Billing and Sales tickets are handled as quickly as possible. Please see our Refund and Billing Policy, located at: https://betterbusiness.co.za/refund-and-billing-policy/, for more information regarding Better Business’s billing policies.

8. Date of Policy

This Support Policy was last updated August 29, 2018.

Acceptable Use Policy

1. Purpose

Thank you for your business. This is Better Business’s (“Better Business”, “we”, or “our”) Acceptable Use Policy. This Acceptable Use Policy (“AUP”) discusses expectations we have for you and your obligations when using our Services (as defined in the Terms of Service.) Better Business, Inc. is in the business of facilitating communication between computer networks. Our goal is to allow our users complete access to everything the Internet has to offer, and to help them build their businesses. This AUP facilitates this goal by governing your use of the Services. Because of the evolving nature of the Internet, our business, and the various ways in which our, equipment, technology or network may be abused, abusive activities not set out in this AUP may still be prohibited. For the same reason, we reserve the right to update this AUP from time-to-time. The most recent version will always be posted here. Capitalized terms used but not defined in this policy have the meaning given to them in our Terms of Services, located at: https://betterbusiness.co.za/terms-of-service/.

2. Better Business Policies; Third Party Policies

1. This AUP and our other Policies are part of your contract with us, and governs your use of our network and resources and our provision of the Services (as defined in the Terms of Service.) If you are a customer, you’ve agreed to abide by our Policies when you checked “I agree” to our Terms of Service. If you are not our direct customer, you agree to abide by this AUP by using the Services provided by or through us.

2. You are bound by policies from third parties that provide services to you through Better Business. You are strongly encouraged to review such policies prior to agreeing to be bound by this AUP. We will provide you with additional information about those policies on request.

3. Appropriate Use of Better Business Services

Intellectual property rights are respected. Please see the terms of our Digital Millennium Copyright Act (DMCA) Policy, located at https://betterbusiness.co.za/copyright-and-dmca-policy/, for the process to notify us regarding potential intellectual property rights infringement. You are required to comply with U.S. laws governing copyrights, trademarks, patents, and other laws governing your use of the Services and intellectual property.

4. Prohibited Uses

1. Unsolicited commercial email, or SPAM, is prohibited. Our network is not designed to be used for mailing lists with over five hundred (500) recipients and you may not send an email to more than five hundred (500) recipients. If you need to send an email to over five hundred (500) recipients, please contact our Support Team for a list of other service providers that can assist with this task. Even if you send email to fewer than five hundred (500) recipients, we will consider your mail to be unsolicited, or SPAM, if it results in a number of complaints to us, disrupts our network, or subjects us to unfavorable action by other Internet providers. Please review the “CAN-SPAM Act” and ensure that any commercial email you send complies with this Act. Email that is “CAN-SPAM compliant” may still otherwise be prohibited by our AUP. If you believe one of our customers is engaged in spamming, please send an email containing all headers, and your contact information, to: legal(at)netfoundation.co (replace “(at)” with “@”).

2. Certain content is prohibited. You are responsible for any content transmitted, or accessed, using our network. Transmission, storage, or presentation of any information, data or material in violation of any applicable law or regulation is prohibited. You may not use our network to directly facilitate the violation of any particular law or regulation or this AUP. The activities listed below are meant to provide you with examples of activities and content that are strictly prohibited by this AUP. Use of our network to host content related to or to engage in the following activities is strictly prohibited.

i. Topsites;

ii. IRC scripts/bots, IRCD (irc servers), AutoSurf/PTC/PTS/PPC sites;

iii. IP scanners, Bruteforce Programs/Scripts/Applications;

iv. Mail Bombers/Spam Scripts;

v. File Dump/Mirror Scripts (similar to rapidshare);

vi. Anonymous or Bulk SMS Gateways;

vii. Websites or links to websites advocating human violence and hate crimes;

viii. Websites promoting illegal activities. or linking to other websites that promote illegal activities;

ix. selling, or otherwise disseminating, pornography or other erotic material, regardless of its literary merit;

x. hosting adult thumbnail galleries/banner exchanges;

xi. lottery/gambling or chain letters, regardless of content, and regardless of your citizenship;

xii. advertising, advocating or operating High-Yield Interest Programs (HYIP) , Ponzi or Pyramid schemes, prime banks programs, Bank Debentures/Bank Debenture Trading Programs, or Related Sites;

xiii. fraudulent sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com).

xiv. broadcasting or streaming of live sporting events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc.) or television;

xv. bitcoin miners;

xvi. impersonating another user or otherwise falsifying one’s user name in email, Usenet postings, on Internet Relay Chat (IRC), or with any other Internet service;

xvii. dox or posting personally identifiable information such as addresses and phone numbers of individuals with the hope of causing damage or harm to said person. This does not cover Government officials when providing contact email addresses or the representatives work phone;

xviii. content that promotes or advocates human trafficking in any way shape or form as determined by Better Business’s sole discretion, sites that promote prostitution, or escort services;

xix. network unfriendly activity (ex: attempts to interfere with our network or network connections or which adversely affect the ability of other people or systems to use our network or the Internet);

xx. creating, posting or sending Warez, Roms, CD-Keys, cracks, passwords, serial numbers, Internet viruses, worms or Trojan horses, engaging in denial of service attacks, or hosting content that is intended to assist others in defeating technical copyright protections;

xxi. posting links to prohibited items, facilitating a violation of our Policies, or instructing others in illegal or prohibited activities; and

xxii. setting up or using (via the Service) proxies, proxy scripts/anonymizers of any kind.

If you believe that another customer is using our network in violation of these Policies, please contact us.

3. Defamation. Websites hosted on Better Business servers are regulated by U.S. law. Pursuant to Section 230(c) of the Communications Decency Act of 1996, Better Business’s policy is not to remove allegedly defamatory material from websites hosted on our servers unless the material has been found to be defamatory by a Federal or state court of the United States, as evidenced by a court order. As a hosting service provider, Better Business is not a publisher of User content and we are not in a position to investigate the veracity of individual defamation claims. We rely on the legal system to provide guidance and to determine whether or not material is indeed defamatory. If a Federal or state court of the United States deems material to be defamatory, libelous, or slanderous in nature, we will fully comply and disable access to the material in question in accordance with a court order. Similarly, if a Federal or state court of the United States places an injunction on specified content or material being made available, we will comply and remove or disable access to the material in question, per a court order.

4. Network Stability. Our network is designed to meet the anticipated needs of our customers, users, and our needs. If we determine that your use of the Services is in breach of our Policies or impairs the stability of our equipment, technology or network, we may suspend your use of the network, throttle back the bandwidth available for your use, or terminate our agreement with you, in our sole discretion.

5. Monitoring of Communications. We have the duty and obligation to comply with U.S. law. In certain cases that means that your use of the Services will be monitored. You agree that we are not considered a secure communications medium for the purposes of the Electronic Communications Privacy Act, and that you have no expectation of privacy.

From time-to-time we may monitor your use of the network for statistical purposes and to improve the use of our network. Any such monitoring will be done in accordance with our Privacy Policy, located at https://betterbusiness.co.za/privacy-policy/, and our Terms of Service, located at https://betterbusiness.co.za/terms-of-service/.

6. Child Pornography. Better Business takes a strong zero tolerance stance on child pornography, content perceived to be child pornography or child exploitative content. Any website found to host child pornography, link to child pornography or exploitative content will be suspended immediately without notice or warning.

5. Use of Services

1. IP Addresses. The IP addresses we assign to you are the only ones you may use in connection with the Services. Your use of the Services may be suspended if we determine that you are using other IP addresses. IP addresses are part of your use of the Services, and are owned by us and simply assigned to you while you are a customer. We may change these addresses if necessary. IP addresses may not be assigned or transferred, and will be recycled by us if you terminate your use of the Services.

2. Software. We may provide software for you to use while you are a customer. Generally speaking, this software is sublicensed to you, and may not be further sublicensed or used for purposes other than those expressly permitted in our Terms of Service or our other Policies, and in the documentation provided with the software. You will be given, or given access to, a software license. This license may further restrict your use of the software. We do not provide support for software whether you license it through us, or have licensed it independently.

6. Client Notification

In the event of a violation of any of our Policies, our Compliance Team will take commercially reasonable steps to notify you via email with relevant details about the alleged violation. Compliance with applicable Federal, State, and Local laws, and court orders will also be taken into account when we respond to alleged violations.

7. Contacting Us

We encourage you to contact us if you believe that someone has violated this AUP. To facilitate this contact, and ensure that important matters are responded to and addressed, we have designated specific channels for communicating with us. Individuals who contact us about this AUP, the behavior of our customers, or for other purposes, are required to provide us with accurate information to enable us to contact them and respond to their requests. We do not respond to anonymous correspondence, and will refer individuals who deliberately attempt to mislead us regarding their identity, or the basis for their complaints, to appropriate law enforcement officials. Nothing you send or communicate to us is confidential regardless of whether you claim that it is.

Please send all email correspondence to: legal@betterbusiness.co.za

8. Date of Policy

This Support Policy was last updated August 29, 2018.