Terms

Beach Air Charter, LLC dba Beach Trading Company (badrocks.com, richbwebdesign.com) [hereinafter referred to as "RichB Web"] uses BigScoots to deliver its hosting services. The BigScoots terms related to hosting will apply to all websites hosted by RichB Web. These terms may be different than the terms specified below. Please refer to the BigScoots terms for the current hosting terms and conditions. The use of hosting services from RichB Web constitutes agreement to those terms.

In addition to hosting RichB Web provides other products and services. The use of hosting services or other products and services constitutes agreement to the following terms. You may view our Privacy Policy here.

  1. Account Setup / Email on file

    It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under if we are providing hosting for that domain(s). If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. If you have a domain name registered with RichB Web, it is your responsibility to ensure that the contact information for your domain account and your actual domain name(s) is correct and up-to-date. RichB Web is not responsible for a lapsed registration due to outdated contact information being associated with the domain. 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.
  2. Ownership

    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.
  3. Third Party Providers

    All transactions with third party providers are solely between the visitor and the individual provider. RichB Web is not the agent, representative, trustee or fiduciary of you or the third party provider in any transaction. Some products provided by RichB Web are provided under license with vendors, and the use of any such third party products will be governed by the applicable license agreement, if any, with such third party.

    All discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. All transactions with third party providers are subject to the terms and conditions under which the provider agrees with you to provide the goods or services. You should confirm the terms of any purchase and/or use of goods or services with the specific provider with whom you are dealing.

    We do not make any representations or warranties regarding, and are not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers.

  4. Content

    All services provided by RichB Web may only be used for lawful purposes. The laws of the State of South Carolina and the United States of America apply.

    The customer agrees to indemnify and hold harmless RichB Web from any claims resulting from the use of our services.

    Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of anothers copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated. If you believe that your copyright or trademark is being infringed upon, please email sales@badrocks.com with the information required. A list of required information may be found here. If the request is of a licensing issue, we may require further documentation.

    We reserve the right to refuse service to anyone.

    Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via troubleticket/email and will have a response within 48 hours.

  5. Payment Information

    You agree to supply appropriate payment for the hosting services received from RichB Web, in advance of the time period during which such services are provided. Subject to all applicable laws, rules, and regulations, all payments will apply to the oldest invoice(s) in your billing account. You agree that until and unless you notify RichB Web of your desire to cancel any or all services received, those services will be billed on a recurring basis. Payment for non-recurring services is due when invoiced.

    Cancellations of hosting services must be done in writing by creating a support ticket. Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you in writing (typically email) that your account has been canceled. Your cancellation confirmation will contain a ticket/tracking number in the subject for your reference, and for verification purposes. You should immediately receive an automatic "Your request has been received..." email with a tracking number. An employee will confirm your request (and process your cancellation) shortly thereafter. If you do not hear back from us, or do not receive the automatic confirmation email within a few minutes after submitting your cancellation, please contact us immediately via phone. We require that cancellations of service are done through the support ticket to (a) confirm your identity, (b) confirm in writing you are prepared for all files/emails to be removed, and (c) document the request. This process reduces the likelihood of mistakes, fraudulent/malicious requests, and ensures you are aware that the files, emails, and account may be removed immediately after a cancellation request is processed.

    As a client of RichB Web, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree that until and unless you notify RichB Web of your desire to cancel any or all hosting services received (by the proper means listed in the appropriate section of the Terms of Service), those hosting services will be billed on a recurring basis, unless otherwise stated in writing by RichB Web. RichB Web reserves the right to bill your credit card or billing information on file with us. Invoicing, application of late fees, and suspensions will be done in accordance with the following:

    Recurring Services
    • Invoices for recurring services such as hosting plans will be issued 21 days prior to the due date.
    • A reminder will be sent one day prior to the due date.
    • For customers that have a credit card on file we will attempt to capture the payment on the due date.
    • We will issue an overdue reminder one day after the due date.
    • On the second day after the due date the service will be suspended until payment is received.
    • The service will be terminated and all materials deleted after 30 days of non-payment.
    • A late fee of 10% or $10 whichever is greater will be added to the invoice after 14 days.
    Non-recurring Services
    • Billable items (hourly rates, graphics, images or templates...) will be invoiced at least monthly and are due when invoiced.
    • A grace period of 14 days will be granted to receive payment.
    • A late fee of 10% or $10 whichever is greater will be added to the invoice after 14 days.
    • We will send overdue reminders after 8 days, 15 days, and 22 days.
    • After 23 days your account will be suspended and no further work will be done.
    • We will at our discretion stop performing work on your account at any time.
     

    It is the customer's responsibility to notify our sales team via email at sales@badrocks.com after paying for a domain renewal and to ensure the email is received and acted upon. Domain renewal notices and invoices are provided as a courtesy reminder and RichB Web cannot be held responsible for failure to renew a domain or failure to notify a customer about a domain's renewal.

    Subsequently, domain renewals are billed and renewed 30 days before the renew date. It is the customer's responsibility to notify our sales team via email at sales@badrocks.com for any domain registration cancellation. No refunds can be given, once a domain is renewed. All domain registrations, and renewals are final.

    Invoices that have been paid more than once with multiple Paypal Subscriptions can only be added as credit towards the account and cannot be refunded via Paypal. If you require assistance with this provision, please contact sales@badrocks.com

    RichB Web reserves the right to change the monthly payment amount and any other charges at anytime.

  6. Backups and Data Loss

    Your use of any of the RichB Web services is done so under your individual risk. RichB Web under no circumstance is responsible or liable for any or all data dwelling on the BigScoots servers. BigScoots does make an attempt at mitigating any potential data loss as they maintain regular backup copies of client websites and e-mail files, however it remains impossible for BigScoots to guarantee the contents of a website will never be removed, tainted, destroyed or that a backup of a website will always be obtainable. You agree to take full responsibility for any and all data transferred to and from the BigScoots servers and to preserve suitable backups of any and all data stored on any of the BigScoots servers to which your account is tied to. Realizing the importance of data backups, BigScoots employs rsync technology on affordable and quality backup options. Although BigScoots does perform random backups from time to time, it is in the clients best interest to consider a backup option as part of their routine responsibility in preserving their own data as BigScoots can never be held liable for any degree of data loss.
  7. Cancellations and Refunds

    RichB Web reserves the right to cancel, suspend, or otherwise restrict access to the account at any time with or without notice. Refunds will be made at the sole discretion of RichB Web. SSL Certificates and Domain Names are not refundable.

    The following methods of payments are non-refundable, and refunds will be posted as credit to the hosting account:

     

    • Bank Wire Transfers
    • Western Union Payments
    • Checks
    • Money orders
  8. Indemnification

    Customer agrees that it shall defend, indemnify, save and hold RichB Web harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against RichB Web, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless RichB Web against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with RichB Web; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from RichB Web's server.
  9. Arbitration

    By using any RichB Web services, you agree to submit to binding arbitration. If any disputes or claims arise against RichB Web or its subsidiaries, such disputes will be handled by an arbitrator of RichB Web's choice. An arbitrator from the American Arbitration Association or the National Arbitration Forum will be selected in the state of South Carolina. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator's award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. You are also responsible for any and all costs related to such arbitration.
  10. Disclaimer

    RichB Web shall not be responsible for any damages your business may suffer. RichB Web makes no warranties of any kind, expressed or implied for services we provide. RichB Web 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 RichB Web and its employees.
  11. Disclosure to law enforcement

    RichB Web may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.
  12. Changes to the TOS

    RichB Web reserves the right to revise its policies at any time without notice.

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