Terms and Conditions
Security Policy
Binary Net strongly believes that a comprehensive security policy is in the best interests of its customers. The company has adopted policies on the subjects of IT Security, Physical Security, and Customer Information Security. IT Security sets network security standards for IT equipment used in our data center. Physical security sets standards for entry into all restricted areas of our facility and data center. Finally, Customer Information Security establishes standards for the gathering, storing, and dissemination of information at Binary Net.
Return Policy
Refund Policy for Web Hosting
Each of our web hosting plans carries a 30 day money-back guarantee. If you are not completely satisfied with our services within the first 30 days of your contract, you will be given a full refund of the contract amount excluding setup fees and usage-based charges.
Setup fees are refundable for the following reasons only: (1) the account order is canceled prior to Activation; or (2) the requested domain name was not available.
This policy does not apply to any additional services such as additional disk space, additional pop Accounts, additional bandwidth utilization, or any other charges incurred above and beyond our published quarterly, semiannual or annual hosting fees.
All cancellations must be received in writing prior to the deadlines indicated herein. Regular mail, e-mail and fax notifications are acceptable. Phone requests will not constitute acceptance of any cancellation. In the event that Binary Net elects to terminate your web hosting service without cause, you shall receive a full refund of any balance. However, if you terminate a hosting agreement without cause, there shall be NO REFUND of the Setup Fee or any remaining balance.
Refund Policy for Domain Names and SSL Certificates
Domain names registered or purchased on your behalf by Binary Net are non-refundable. Policies in place by domain registrars now prohibit refunds of any type. If you no longer want a domain name, you must notify us in advance of the renewal date that you would like to cancel it, so we can set it to not autorenew. There are no exceptions to this policy. SSL certificates are also non-refundable. We will notify you in advance when a certificate is due for renewal.
Refund Policy for Dedicated Server Plans
Our Dedicated Server plans require a minimum contract period which is usually three years. If you terminate a contract before the completion of the minimum contract period, you will be responsible for all recurring fees and charges for the contract period, plus any usage-based charges up to the time of termination.
Refund Policy for Renewals
Renewals of web hosting contracts will be refunded if we are notified within the first 10 days following renewal date. No refunds will be granted for notifications received after this date.
Refund Policy for Contract Programming and Consulting Services
Either party may terminate any web design project, software development project or consulting project at any time for any reason. A TERMINATION NOTICE must be received prior to project termination. Customer agrees to pay Binary Net for all work and time completed to the point of termination. We reserve the right to determine the amount of work completed and appropriate fees. If we determine that payment is required and no payment is received within 10 days of the terminated project, then you are considered in default. If a customer defaults, the Customer agrees to pay all attorney and collection agency fees, if necessary, during ANY collection process.
Binary Net retains the copyright to all materials developed by Binary Net until any and all necessary fees (as determined by Binary Net) are paid.
Refund Policy for Hardware
This refund policy covers all PCs and servers and other hardware appliances. Hardware purchases are non-refundable, and this supersedes all other return policies. There are NO EXCEPTIONS to this policy. Any PC or server that is deemed defective may be returned for a replacement within 30 days only, but a request for refund will not be granted. If a PC or server is returned for a replacement, but no problems are found, the PC or server will be returned at your expense.
A defective PC or server that is returned for a replacement may be repaired or replaced at Binary Net's discretion, unless otherwise required by law. In some situations the item must be sent to the manufacturer for repairs. Unfortunately we cannot expedite the repair process in these situations, as we must abide by the manufacturer’s established processing time.
Refund Policy for Retail or OEM Software
Software return policy: opened retail or OEM software can only be returned for replacement, and replacement will only be honored if the returned software is defective or damaged. Retail boxed software purchased by Binary Net on behalf of a customer may only be returned for refund within 30 days of the invoice date if the packaging is unopened and factory sealed. No software returns will be accepted after 30 days.
Binary Net is not responsible for system/software incompatibility, and incompatibility issues do not qualify software as damaged or defective. Customers are encouraged to contact the respective software publisher for answers to technical questions, such as minimum system requirements, prior to purchase.
Software purchased by Binary Net on behalf of the customer for installation on the customer’s PCs or server can only be returned for refund subject to the refund policy of the software vendor. This means that we will only grant a refund if it falls within the refund policy of the software vendor or supplier.
Privacy Policy
This statement discloses the privacy practices for web sites operated by Binary Net. Contact us if you have any questions regarding this statement.
Personal Information
At Binary Net, we intend to give you as much control as possible over your personal information. In general, you can visit our sites without telling us who you are or revealing any information about yourself. There are times, however, when we may need information from you, such as your name and address. You will always be notified before we collect personal information from you on the Internet. We will never sell the information you provide us, or disclose it to any third-party without your permission.
If you choose to give us personal information via the Internet that we may need to correspond with you or process an order, we will let you know how we will use this information. If you tell us that you do not want to have this information used as a basis for further contact with you, we will respect your wishes. We do keep track of the domains from which people visit us. This data is used to analyze traffic patterns, and is completely anonymous. We do not use it to attempt to track individual users.
Data Retention Policy
From time to time, we may be in possession of your data for business purposes. You will remain the owner of such data during any time we may be in possession of such data. During that time, you will be responsible for maintaining such data. If you cancel any services with us that require us to possess your data, it will be deleted and, therefore, no longer in our possession as of the day of cancellation.
If your services are suspended for non-payment of our fees, you will have sixty (60) days to bring your account current. If you have not done so by the sixty-first (61st) day, all such data shall be deleted from our servers and, therefore, no longer in our possession.
Business Relationships
Our websites contain links to other sites, and to the sites we host for other businesses. We are not responsible for the privacy practices or the content of such websites. We do encourage all of our customers to adopt similar privacy policies.
Cookies
"Cookies" can be used to provide you with personalized information from a Web site. For example, a cookie can be used to store your customer number, so that on subsequent visits to our website, information you gave us before can be used to customize the site. Some of our web pages use cookies so that we can better serve you when you return to our site. You can set your browser to notify you when you receive a cookie, giving you the chance to decide whether to accept it. Generally, sites that use cookies (such as our customer portal) will not work correctly unless you accept the cookie.
Acceptable Usage Policy
Internet Access Service binds the Customer and its users to accept the following Acceptable usage policy established by Binary Net:
Please read this agreement carefully. The customer agrees to be bound by the terms and conditions below.
1. Use of Binary Net and Other Networks Accessible Through Dedicated Or Virtual Connection
1.1 Customer understands that, except for information, products or services clearly identified as being supplied by Binary Net, Binary Net does not operate or control any information, products or services on other networks in any way and that, except for such Company-identified information, products or services, all merchandise, information and services offered or made available or accessible through Binary Net or on the Internet generally are offered or made available or accessible by third parties who are not affiliated with Binary Net or its affiliates.
1.2 Customer assumes total responsibility and risk for use of service. Binary Net may exercise control over the content of the information passing through it within the terms of this agreement.
1.3 Information sent through the connection for public use may only be used for lawful purposes. Transmission of any material in violation of any U.S. or state regulation is prohibited. This includes, but is not limited to, copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secret. User agrees to indemnify and hold harmless Binary Net from any claims resulting from his or her use of the service which damages User or another party.
1.4 Any access to other networks through Service must comply with the rules appropriate for that network.
1.5 Use of any information obtained via Service is at Customer’s own risk. Binary Net specifically denies any responsibility for the accuracy or quality of information obtained through its Service. It is solely customer’s responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services and other information, and the quality and merchantability of all merchandise, accessible through Service or through other networks via Service. Customer understands that other networks which are accessible via Internet might contain unedited materials, some of which are sexually or otherwise explicit or may be offensive.
1.6 Customer accesses such materials at his or her own risk, Binary Net has no control over and accepts no responsibility whatsoever for such materials.
2. No Service Warranties
2.1 The internet service is provided on an "as is" and "as available" basis without warranties of any kind, whether expressed or implied, including but not limited to warranties of title, non-infringement or implied warranties of merchantability or fitness for a particular purpose.
2.2 No advice or information given by Binary Net, its contractors or its employees shall create a warranty. Binary Net does not warrant that the service will be uninterrupted or error free or that any information, software or other material accessible on the service is free of harmful components.
3. Pricing and Payment
3.1 If Customer’s payment by check fails, there will be a fee charged to the user up to the maximum amount allowed by law.
3.2 If Customer’s payment by credit card fails authorization by VISA®, Mastercard® or Novus®/Discover® service center verification system, another method of payment will be requested and account will remain unpaid until the adequate method of payment is presented.
3.3 Customer in default will have his or her service interrupted. Such interruption does not relieve User from the obligation to pay continuing charges.
3.4 Only a written request by Customer to terminate Service relieves Customer of the obligation to pay continuing charges. Cancellations notice must be submitted by U.S. mail, e-mail to support@binary.net e-mailed from Service’s account or faxed to us. User in default is subject to an interest charge of maximum allowable by State laws per month rate on the outstanding balance. If Customer defaults, he or she agrees to pay Binary Net its reasonable expenses, including attorney and collection agency fees, incurred in enforcing its rights under these Terms and Conditions.
4. User Conduct on the Service
Customer may not: use the service as a vehicle to:
4.1 Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law, including without limitation the U.S. export control laws and regulations;
4.2 Post or transmit any information or software which contains harmful component included but not limited to: software viruses of any kind, self-replicating programs that might cause harmful interference for User’s and/or Binary Net’s hardware and/or software;
4.3 Upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Service which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or right holder;
The following violations are grounds for immediate suspension of Service that will result in termination of the User’s account(s):
4.4 Posting a single article or substantially similar articles to an excessive number of newsgroups (i.e., 15 or more) or continued posting of articles which violate the newsgroup charter or provoke complaints from the regular readers of the newsgroups for being off-topic.
4.5 Sending unsolicited mass e-mailings (i.e. to more than 20 users) which provoke complaints from recipients.
4.6 Executing automated tasks including Internet Relay Chat, self-replicating scripts and programs, bots from a service other than Binary Net and using account on Binary Net as a "Reply-to" address (a mail drop) for responses.
4.7 Using IRC "bots" on Service, whether on Service’s IRC server or any other. Such software may not be stored on Service.
4.8 Users, whose accounts are terminated or suspended for any of the above infractions, are also responsible for the cost of labor to cleanup and respond to complaints incurred by Binary Net.
5. Service Monitoring
Customer agrees that Binary Net has the right to monitor the Service electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the Service properly, or to protect itself or its subscribers. Binary Net will not intentionally monitor or disclose any private electronic-mail message unless required by law. Binary Net reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this Agreement.
6. Credit Card Use
Binary Net is not in any manner responsible for credit card charges made neither by e-commerce clients using the Binary Net processing system nor for any loss or damage arising, directly or indirectly, from the acceptance of credit cards by such clients. The responsibility for verification of ownership of and entitlement to use any credit card, including any related liability, is the sole responsibility of the client.
7. HIPAA Disclaimer
Binary Net provides access to the Internet for businesses that fall under the HIPAA Privacy rules. Except as noted in 7 7.1 Binary Net does not have access to data that is governed by HIPAA Privacy rules and does not accept liability for data that is transmitted using the Binary Net service.
7.1 SSL certificates installed by Binary Net for customer’s encryption needs meet industry standards.
Miscellaneous
In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect. Binary Net's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement. This Agreement shall be governed by and construed in accordance with the laws of the State of Nebraska, without regard to its conflicts of law provisions. Any cause of action User may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.