Indemnification Policy
Customer agrees to use any services provided by Boomzter.Com at your own risk. Customer agrees that they shall defend, indemnify, save and hold Boomzter.Com harmless from any and all demands, liabilities, losses, costs and claims that may arise or result from any service provided or performed or agreed to be performed or any product sold by Boomzter.Com, it's customers or employees, including reasonable attorney's fees asserted against Boomzter.Com, its customers or employees. In no event shall Boomzter.Com be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages.
In agreeing to the Boomzter.Com Terms & Conditions Agreement, you agree to indemnify, defend and hold harmless Boomzter.Com, its employees, officers, directors, partners, representatives and affiliates, for any violation by you or your customers of this Agreement that results either in (a) any cost, expense, damage or loss to Boomzter.Com, or (b) the bringing of any claim against Boomzter.Com by any third-party, and all costs, expenses, damages, and losses associated therewith. For example, if Boomzter.Com is sued because of you or your customer's activity related to the Services, you will pay any damages awarded against Boomzter.Com, its employees, directors, partners, representatives and affiliates, plus all associated costs and attorney's fees.
Account Access Policy
When a customer signs up for any of our service types, Boomzter.Com will assume all of the information provided by the customer is correct and may use this information to contact the customer if such need arises. When registering with Boomzter.Com, the account's username, password and payment ID's will be generated automatically and the client may access their account at any time if they have access to the initial e-mail account that was used upon registering. It is the client's sole responsibility to ensure that the contact information for your account at Boomzter.Com is correct and up-to-date. Boomzter.Com is not responsible for a lapsed registration due to outdated contact information being associated with the account. If you need to verify or change this information, you should contact our sales team via email. Providing false contact information of any kind may result in the termination of your account. If a client claims that they have no access to the respectable e-mail account and that they have no way to recover the password set on the account, the client will need to provide us with the last payment date and payment ID's on which the payments were made, as well as the full client's name (name and surname), and all other identification information set on the respectable account.
Automatic Billing & Cancellation Policy
Customer will pay all charges for the first month of service in advance on the first day of the Initial Term. By default these services will be billed on a recurring basis, customer will pay all subsequent charges for services in advance on the anniversary day of the Initial Term each month. Subscribers who wish to cancel any services can do this in the members area at least 7 days before the next automated renewal date of the recurring payment. Customer agrees to hold Boomzter.Com harmless from any recurring automated payment to Boomzter.Com if notified less than 7 days before the next subscription payment date. Boomzter.Com or its employees shall not be held responsible and this payment will not be refunded.
Account Cancellations and Refunds
If you are not satisfied with our services you can request your money back within 30 days after you place your order and we will send you a refund. All subscribers who cancel their account after 30 days of the initial payment are not subject to any refund and all such requests will be denied. Boomzter.Com provides this 30 day money back guarantee for new account registrations only, (refunds for renewed accounts are not available). Any violations of the Terms of Service will waive the refund policy. Clients who cancel their account within 4-30 days after the initial registration date may receive a full refund for the rendered services, except in the event where there was a free domain name provided with the respectable package. Fees which were initially paid by Boomzter.Com for the domain name offered for free to the client with the hosting package are not refundable and will be deducted from the total refund that is sent to the client. Such fees for the domain name registration are fixed to $25.00. If the subscriber submitted an initial payment smaller than $25.00, then a refund is not available and Boomzter.Com will not hold the client accountable for the difference from his initial payment and the $25.00, if the client's initial payment was less than $25.00.
Clients can cancel their account at any time by submitting a "Support Ticket" from in the Members area with an "Account Cancellation" request. Such cancellation request will be revised by Boomzter.Com staff and then a final confirmation to cancel the account will be sent. Account cancellation will be processed only when the final confirmation from the client will is sent (initial cancellation request will not be held as a final confirmation under any circumstance for security reasons). If the confirmation to cancel the account is confirmed by the client, then the account will be canceled. Subscribers who wish to cancel any services can do so by logging into their account in the members area, and clicking "cancel" next to the respected service or services they wish to cancel, After the service or services is canceled, no further billing on the account will be made and all files, settings and any other information related to the service or services will no longer be accessible.
Chargeback Policy
If a client issues a chargeback before following the regular cancellation procedure, Boomzter.Com reserves a full right to disable the respectable account instantly for security reasons. If the subscriber wishes to reactivate the respectable account, he will be held responsible for any and all billing service fees which may arise while handling the chargeback. The fees for Boomzter.Com subscribers are fixed to $50 for each chargeback that has been issued.
Late Payment Policy
All accounts are billed according to the dates they were first activated on, if the customer fails to fully pay any fees and taxes within 7 days after the applicable due date (Grace Period), Boomzter.Com will suspend its services until further notice. Any account that is not renewed within a 30 day period after the renewal date set on the account is a material breach of this Agreement, justifying Boomzter.Com to terminate this Agreement and all files on the respected account will be removed. If Boomzter.Com terminates any services as a result of a 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 Boomzter.Com under this Agreement. You are responsible for any costs Boomzter.Com incurs in enforcing collection, including reasonable attorneys' fees, court costs and collection agency fees. To reinstate Services, you must pay for 3 months of service in advance on the first day such services are reinstated and any fees associated with reinstating services.
Payment Methods
Boomzter.Com uses PayPal secured payment processors to handle all online payments, all prices are quoted in USD currency. The credit card holder or owner of the PayPal e-mail address which is utilized for payment on the account is designated as the authorized owner of the account. Clients may submit a payment with a valid credit or debit card or by using the balance of his/her PayPal account. Boomzter.Com accepts payments from Verified and from Unverified PayPal accounts, which generally means that the client may either use the funds on the credit / debit card attached to PayPal (verified PayPal) or the balance on his PayPal account (Unverified) to submit the payment for services provided by Boomzter.Com.
Additional Fees
PayPal applies a fee to all non USA Bank Accounts when receiving payments. Our fee is at a fixed rate of 5.4% + $0.30 taken from every payment we receive. All Customers who subscribe to, or purchase services online from Boomzter.Com using the PayPal payment method, will have that additional fee of 5.4% + $0.30, added to the initial cost of the service or product. This fee applies to products and services only and will not be added when purchasing store credits.
Acceptable Use Policy
All services provided by Boomzter.Com may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to any: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. Boomzter.Com reserves the right to determine what is and what isn't acceptable for our servers. Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that Boomzter.Com shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company, this includes, but is not limited to any predicted estimate of profits in which a client would have gained if their site was functioning. Subscriber agrees to indemnify and hold harmless Boomzter.Com and its employees from any claims resulting from the use of the service which damages the subscriber or any other party. In no event shall Boomzter.Com be liable for any special or consequential damages, loss or injury. You must register and accept the terms of this A.U.P (Acceptable Use Policy) agreement in order to use any of the services provided by Boomzter.Com. Our A.U.P (Acceptable Use Policy) is actively and strictly enforced. Acceptance of any terms or conditions different from those contained herein by Boomzter.Com will not be deemed by provision of service. By registering for and using any services provided by Boomzter.Com, you acknowledge that you have read this agreement and the A.U.P and agree to be bound by all terms and conditions of this agreement as well as all policies and guidelines of the A.U.P, which are incorporated herein by reference.
Money back Guarantee
Our 30 day money back guarantee policy applies only for our "Subscription" packages. Clients who purchase One-Time Support, Special-Offers, or have used Discount-Coupons are not eligible for any refunds of any kind. Once a customer receives a package or work done by our technicians at Boomzter.Com, all payments are final and no refunds will be available and such requests shall be denied.
Banned Content and Website Types
The following scripts below are banned from use on our servers and may not be uploaded or run. Reasons for banning them include adverse effects on server load, invitations to hackers/spammers/criminal activity.
We reserve the right to refuse service to anyone, Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita). Any site found to host child pornography or linking to child pornography will be terminated immediately without notice and without any possibility of a refund.
Any kind of abusive or illegal content found on our servers should be reported to [email protected]. We will handle any abuse report with the highest priority and interest, Websites found breaking these terms will be suspended or terminated immediately without any warning or notice to the account owner, reactivation of any accounts caught breaking these terms will be charged a fee of $50. Boomzter.Com will not be held liable for any damage or loss that may have arisen from content uploaded to client accounts or actions performed by scripts on such accounts on our servers. If in doubt regarding the acceptability of your site or service, please contact us and we will be happy to assist you.
Disclaimer Policy
Boomzter.Com shall not be responsible for any damages your business may suffer. Boomzter.Com makes no warranties of any kind, expressed or implied for services we provide. Boomzter.Com disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Boomzter.Com or its subsidiaries and its employees.
The language of Section 230(c) of the Communications Decency Act fundamentally states that Internet services providers like Boomzter.Com and many other webhosting services and brands are republishers and not the publisher of content. Our service merely provides a hosting platform and space on which to host content, and any creation or publication of content on our servers is the sole responsibility of the third-party user which creates or publishes the content. Therefore, Boomzter.Com should not be held liable for any allegedly defamatory, offensive or harassing content published on sites hosted under Boomzter.Com webhosting servers and service(s).
Changes to our TOS (Terms Of Service)
Boomzter.Com retains the right to change, modify or delete any or all of the above Terms, Policies, Guidelines, and Disclaimer with or without prior notification.
