Terms of Use

Because we have to keep lawyers employed.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Better Than Hosting is not responsible for third party access to your account that results from theft or misappropriation of your account. Better Than Hosting and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Children Under Thirteen

Better Than Hosting does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use betterthanhosting.com only with the permission of a parent or guardian.

Cancellation/Refund Policy

You may cancel your service at any time by logging into your Better Than Hosting account and electing to cancel your subscription. Better Than Hosting does not offer prorated refunds, so the account will stay active and accessible until the end of the period paid for.

Your website will no longer be available via the IP supplied by Better Than Hosting after 11:59 PM AKST of the last paid day of your subscription. The most recent backup will be kept on file for 30 days and available for electronic transfer to you for a flat rate of $99 (mailed thumb drive for $149 anywhere in the United States) and an archive is available for electronic retrieval for up to 365 days thereafter for a flat rate of $199. These files are not guaranteed to be without error.

You are wholly responsible for securing any code regarding the hosted site and managing the A records of the hosted site. Better Than Hosting will not be responsible in any way for any losses of revenue or otherwise due to website down times after the final date of hosting.

There are no refunds of any kind minus those covered in the Worry-Free Guarantee.

Specifications of Service

Each Worry-Free account instance will provide the following specifications: Disk Quota: 30GB, Bandwidth: 100GB, FTP accounts: 10, Databases: 10, Subdomains: 10, Addon domains: 10, Parked domains: 10, No dedicated IP, Shell access, CGI access. To increase these specs for your account, please email support@betterthanhosting.com to request a quote.

Links to Third Party Sites/Third Party Services

betterthanhosting.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Better Than Hosting and Better Than Hosting is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Better Than Hosting is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Better Than Hosting of the site or any association with its operators.

Certain services made available via betterthanhosting.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the betterthanhosting.com domain, you hereby acknowledge and consent that Better Than Hosting may share such information and data with any third party with whom Better Than Hosting has a contractual relationship to provide the requested product, service or functionality on behalf of betterthanhosting.com users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use betterthanhosting.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Better Than Hosting that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Better Than Hosting or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Better Than Hosting content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Better Than Hosting and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Better Than Hosting or our licensors except as expressly authorized by these Terms.

International Users

The Service is controlled, operated and administered by Better Than Hosting from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Better Than Hosting Content accessed through betterthanhosting.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Better Than Hosting, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Better Than Hosting reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Better Than Hosting in asserting any available defenses.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Better Than Hosting agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BETTER THAN HOSTING AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

BETTER THAN HOSTING AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. BETTER THAN HOSTING AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BETTER THAN HOSTING AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BETTER THAN HOSTING OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction

Better Than Hosting reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Alaska and you hereby consent to the exclusive jurisdiction and venue of courts in Alaska in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Better Than Hosting as a result of this agreement or use of the Site. Better Than Hosting’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Better Than Hosting’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Better Than Hosting with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Better Than Hosting with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Better Than Hosting with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

Better Than Hosting reserves the right, in its sole discretion, to change the Terms under which betterthanhosting.com is offered. The most current version of the Terms will supersede all previous versions. Better Than Hosting encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

Better Than Hosting welcomes your questions or comments regarding the terms:

Better Than Hosting
PO Box 190869
PMB 20964
Anchorage, Alaska 99519-0869 US

Email Address:
support@BTHosting.us

Telephone number:
866-412-HOST

Revised: July 27, 2020