Basic Businesses

Terms and conditions of service

Last updated: 25th of September 2022

Thank you for visiting Basic Businesses.

Please read this document carefully as it is the terms and conditions of the services of Basic Businesses and it forms the agreement between yourself (the customer) and myself (Basic Businesses).

These Terms of Service (the “Agreement”) are an agreement between Basic Businesses (or “us” or “our”) and you (“User” or “you” or “your”). This Agreement sets forth the general terms and conditions of your use of the products and services made available by Basic Businesses and of the basicbusinesses.com website (collectively, the “Services”). By using the Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorised to use or access the Services.

Account Eligibility

By registering for or using the Services, you represent and warrant that:
You are eighteen (18) years of age or older. The Services are intended solely for Users who are eighteen (18) years of age or older. Any registration, use of or access to the Services, by anyone under eighteen (18) is unauthorized and is a violation of this Agreement.
If you use the Services on behalf of a legal entity or another party you agree that you are authorized to bind such other party to this Agreement and to act on such other party’s behalf with respect to any actions you take in connection with the Services.
It is your responsibility to provide accurate, up-to-date, truthful, current, and complete information on the registration forms, including a phone number. If there is ever an abuse issue or we need to contact you, we will use the primary email address we have on file or SMS. It is your responsibility to ensure that the contact information for your account is accurate, correct and complete at all times. Basic Businesses is not responsible for any lapse in the Services, including without limitation, any lapsed domain registrations due to outdated contact information being associated with the domain. If you need to verify or change your contact information, please do so via the client area login. Providing false contact information of any kind may result in the termination of your account.
You agree to be fully responsible for all use of your account and for any actions that take place through your account. It is your responsibility to maintain the confidentiality of your password and other information related to the security of your account.

Basic Businesses Content

Except for User Content (as defined below), all content available through the Services, including designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (collectively, “Basic Businesses Content”), are the proprietary property of Basic Businesses. Basic Businesses Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any Basic Businesses Content. Any use of Basic Businesses Content, other than as specifically authorised herein, is prohibited and will automatically terminate your rights to use the Services and any Basic Businesses Content. All rights to use Basic Businesses Content that are not expressly granted in this Agreement are reserved by Basic Businesses.

User Content

You may be able to upload, store, publish, display and distribute information, text, photos, videos and other content on or through the Services (collectively, “User Content”). User Content includes any content posted by you or by users of any of your websites hosted through the Services (“User Websites”). You are solely responsible for any and all User Content and any transactions or other activities conducted on or through User Websites. By posting or distributing User Content on or through the Services, you represent and warrant to Basic Businesses that (i) you have all the necessary rights to post or distribute such User Content, and (ii) your posting or distribution of such User Content does not infringe or violate the rights of any third party.
You may not host gambling, porn, spam, terrorism, torrents or any other illegal or morally objectionable websites. You will be asked to change your site or terminate your use of our services.
You may not use your /home/ directory as a location to place backups. Including cPanel/WHM/Third Party applications. You should have a dropbox set up with your own backups for you to access and you need to ensure that you keep it within storage limits so that it keeps backing up the website. Also, the care package that you have purchased will do a separate back up so that you and I both have separate backups.
You may not use your hosting as a video hosting service.
Solely for purposes of providing the Services, you hereby grant to Basic Businesses a non-exclusive, royalty-free, worldwide right and license to: (i) use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute User Content; and (ii) make archival or back-up copies of User Content and User Websites. Except for the rights expressly granted herein, Basic Businesses does not acquire any right, title or interest in or to the User Content, all of which shall remain solely with you.
Basic Businesses exercises no control over, and accepts no responsibility for, User Content or the content of any information passing through Basic Businesses’s computers, network hubs and points of presence or the Internet. Basic Businesses does not monitor User Content. However, you acknowledge and agree that Basic Businesses may, but is not obligated to, immediately take any corrective action in Basic Businesses’s sole discretion, including without limitation removal of all or a portion of the User Content or User Websites, and suspend or terminate any and all Services without refund if you violate the terms of this Agreement. You hereby agree that Basic Businesses shall have no liability due to any corrective action that Basic Businesses may take.
Prohibited Persons (Countries, Entities, And Individuals).
Basic Businesses is a reseller of services from US companies. The U.S. Department of the Treasury, through the Office of Foreign Assets Control (“OFAC”), prohibits U.S. companies from engaging in all or certain commercial activities with certain sanctioned countries (each a “Sanctioned Country”) and certain individuals, organizations or entities, including without limitation, certain “Specially Designated Nationals” (“SDN”) listed by OFAC. If you are located in a Sanctioned Country or are listed as an SDN, you are prohibited from registering or signing up with, subscribing to, or using the Services. Unless otherwise provided with explicit permission, Basic Businesses also does not register, and prohibits the use of any of our Services in connection with, any Country-Code Top Level Domain Name (“ccTLD”) for any Sanctioned Country.

Account Security and Basic Businesses Systems

All customers not using a care package are responsible for their own updates and maintanance. If it is not undertaken every month at least, then the website could be compromised (hacked) and the site will be terminated because it with threaten the other sites on the hosting.
It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of the installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. You are required to use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change or update your password before suspending your account.
The Services, including all related equipment, networks and network devices are provided only for authorised customer use. Basic Businesses may, but is not obligated to, monitor our systems, including without limitation, to ensure that use is authorized, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. By using the Services, you consent to monitoring for these purposes.
Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control requires the express written consent of the third party. Basic Businesses may, at our discretion, request documentation to prove that your access to a third party network or system is authorized. Any account that is found to be compromised may be disabled and/or terminated. If you do not clean up your account after being notified by Basic Businesses of an ongoing issue, we reserve the right to keep your account disabled. Upon your request, Basic Businesses may clean-up your account for an additional fee.
Basic Businesses reserves the right to migrate your account from one data center to another in order to comply with applicable data center policies, local law or for technical or other reasons without notice.

Legal

You are solely responsible for any applicable compliance with local, federal or state laws governing the privacy and security of personal data, including medical or other sensitive data. You acknowledge that the Services may not be appropriate for the storage or control of access to sensitive data, such as information about children or medical or health information. Basic Businesses does not control or monitor the information or data you store on, or transmit through, the Services. Storing and permitting access to “protected health information” is a material violation of this Agreement, and grounds for immediate account termination.

Compatibility with the Services

You agree to cooperate fully with Basic Businesses in connection with Basic Businesses’s provision of the Services. It is solely your responsibility to provide any equipment or software that may be necessary for your use of the Services. To the extent that the performance of any of our obligations under this Agreement may depend upon your performance of your obligations, Basic Businesses is not responsible for any delays due to your failure to timely perform your obligations.
You are solely responsible for ensuring that all User Content and User Websites are compatible with the hardware and software used by Basic Businesses to provide the Services, which may be changed by Basic Businesses from time to time in our sole discretion.

Billing and Payment Information

Multiple Accounts

Users may not have multiple accounts.

Payment

It is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree to pay for the Services and for convenience, the payment is applied to the month in which it is paid, i.e. you pay in may, that is mays’ payment. Automatic payments should be set up on the first payment and an invoice will be sent 5 days before its due. If the automatic payment has been set up, then no further action is necessary. If a payment is late, then a late notice will be issued. Fees will be added to late payments.

Autorenewal

Unless otherwise provided, you agree that until and unless you notify Basic Businesses of your desire to cancel the Services, you will be billed on an automatically recurring basis to prevent any disruption to your Services, using your credit card or paypal.

Taxes

Listed fees for the Services do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority. Any applicable taxes will be added to Basic Businesses’s invoice as a separate charge to be paid by you. All fees are non-refundable when paid unless otherwise stated.

Late Payment

All invoices must be paid within seven (7) days of the invoice due date. Any invoice that is outstanding for more than seven (7) days may result in the suspension or termination of Services. Access to the account will not be restored until payment has been received. If you fail to pay the fees as specified herein, Basic Businesses may suspend or terminate your account and pursue the collection costs incurred by Basic Businesses, including without limitation, any arbitration and legal fees, and reasonable attorneys’ fees.

Domain Payments

Domain renewal notices are provided as a courtesy reminder and Basic Businesses is not responsible for a failure to renew a domain or a failure to notify a customer about a domain’s renewal. Domain renewals are billed and renewed thirty (30) days before the renew date. It is advised that you renew it before that date

Fraud

It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, electronic checks, or any other payment method. Basic Businesses may report any such misuse or fraudulent use, as determined in Basic Businesses’s sole discretion, to governmental and law enforcement authorities.

Invoice Disputes

You have ninety (90) days to dispute any charge or payment processed by Basic Businesses. If you have any questions concerning a charge on your account, contact Basic Businesses directly.
Your Order Cancellation Rights
You are entitled to cancel Your Order before payment is made.
The deadline for cancelling an Order is before payment is made.
In order to exercise Your right of cancellation, You must inform Us of your decision by means of a clear statement. You can inform us of your decision by:
By visiting this page on our website: https://mermaidlike.com/contact

Domains

Domain renewals purchased through Basic Businesses are billed and renewed thirty (30) days before the renewal date. It is your responsibility to cancel any domain registration at least thirty (30) days prior to the renewal date. No refunds will be given once a domain is renewed. All domain registrations and renewals are final.

Termination

Basic Businesses may terminate your access to the Services, in whole or in part, without notice in the event that: (i) you fail to pay any fees due; (ii) you violate this Agreement; (iii) your conduct may harm Basic Businesses or others or cause Basic Businesses or others to incur liability, as determined by Basic Businesses in our sole discretion; or (iv) as otherwise specified in this Agreement. In such event, Basic Businesses shall not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination. Additionally, Basic Businesses may charge you for all fees due for the Services for the remaining portion of the then current term.
UPON TERMINATION OF THE SERVICES FOR ANY REASON, USER CONTENT, USER WEBSITES, AND OTHER DATA WILL BE DELETED.

CPU, Bandwidth and Disk Usage
Permitted CPU and Disk Usage

All use of hosting space provided by Basic Businesses is subject to the terms of this Agreement and the Acceptable Use Policy. Shared hosting space may only be used for web files, active email and content of User Websites. Shared hosting space may not be used for storage (whether of media, emails, or other data), including, as offsite storage of electronic files, email or FTP hosts. It may not be used as a video hosting website. Basic Businesses expressly reserves the right to review every shared account for excessive usage of CPU, disk space and other resources that may be caused by a violation of this Agreement or ‘reasonable use’. Basic Businesses may, in our sole discretion, terminate access to the Services, apply additional fees, or remove or delete User Content for those accounts that are found to be in violation of Basic Businesses’s terms and conditions.

Price Change

Basic Businesses reserves the right to change prices, the monthly payment amount, or any other charges at any time. We will provide you with at least thirty (30) days’ notice before charging you with any price change. It is your sole responsibility to periodically review billing information provided by Basic Businesses through the user billing tool or through other methods of communication, including notices sent or posted by Basic Businesses

Limitation of Liability

IN NO EVENT WILL Basic Businesses ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES, OR ANY USER CONTENT, USER WEBSITES OR OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH THE SERVICES, EVEN IF Basic Businesses IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Basic Businesses’S LIABILITY TO YOU, OR ANY PARTY CLAIMING THROUGH YOU, FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO Basic Businesses FOR THE SERVICES IN THE THREE (3) MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.

Indemnification

You agree to indemnify, defend and hold harmless Basic Businesses, from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney’s fees) threatened, asserted, or filed by a third party against any of the Indemnified Parties arising out of or relating to (i) your use of the Services, (ii) any breach or violation by you of this Agreement; or (iii) any acts or omissions by you. The terms of this section shall survive any termination of this Agreement.

Disclaimer

Basic Businesses shall not be responsible for any damages your business may suffer. Basic Businesses makes no warranties of any kind, expressed or implied for the Services. Basic Businesses disclaims any warranty of merchantability or fitness for a particular purpose, including loss of data resulting from delays, delivery failures, wrong deliveries, and any and all service interruptions caused by Basic Businesses.

Backups and Data Loss

Your use of the Services is at your sole risk. Basic Businesses’s backup service runs once a night and overwrites any of our previous backups. Only one week of backups are kept at a time. Accounts larger than 20GB or 100,000 inodes WILL NOT be included in nighly backups. Basic Businesses is not responsible for files and/or data residing on your account. You agree to take full responsibility for all files and data transferred and to maintain all appropriate backup of files and data stored on Basic Businesses’s servers.

Limited Warranty

THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE BASIS.” EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, Basic Businesses AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES PROVIDED HEREUNDER. Basic Businesses AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES (I) THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE; (II) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES; OR (III) AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE SERVICES. Basic Businesses AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS ARE NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM USERS OR STORED BY USERS ON OR THROUGH THE SERVICES. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.

Disclosure to Law Enforcement

Basic Businesses may disclose any and all User information that is collected to law enforcement agencies for the purposes of an investigation, request, or otherwise without further consent or notification to the User upon lawful request from such agencies. We cooperate fully with law enforcement agencies Additionally, your information may be disclosed pursuant to our Privacy Policy.

Entire Agreement

This Agreement, including documents incorporated herein by reference, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby.
Changes to the Agreement or the Services
Basic Businesses may modify, add, or delete portions of this Agreement at any time. Any revisions to this Agreement will become effective when posted unless otherwise provided. You agree to any modification to this Agreement by continuing to use the Services after the effective date of any such modification.
Basic Businesses reserves the right to modify, change, or discontinue any aspect of the Services at any time.

Force Majeure

Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party’s reasonable control, including, without limitation, fire, flood, acts of God, labour disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.

Electronic Notices

The communications between you and Basic Businesses use electronic means, whether you visit the Platform or send Basic Businesses e-mails, or whether Basic Businesses posts notices on the Platform or communications with you via mobile notifications or e-mail. For contractual purposes, you (1) consent to receive communications from Basic Businesses in an electronic form; and (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that Basic Businesses provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.