As a Boston Commerce, Inc. "customer," or "user" you must agree to these terms of service. Use of the Boston Commerce, Inc. website, and/or products and/or services and /or software and/or applications (apps), constitutes agreement to the following terms without condition: By agreeing to these terms you also agree to receive mail and email communication from Boston Commerce, Inc. and affiliates, including eTrader™ Newsletter and Special Offers, as well as product compliance updates and periodic statements.
Boston Commerce, Inc. products and services
as well as access to websites, is intended for use by mature adults who have
reached the age of majority. Our customers are expected to use all systems and
resources with respect, courtesy, and responsibility, giving due regard to the
rights of other Internet users when using web hosting products or services. The
customer is expected to have a basic knowledge of how the Internet functions,
the types of use which are generally acceptable, and the types of use which are
to be avoided. Common sense is the best guide as to what is considered
a. Illegality in any form, including but not limited to activities such as unauthorized distribution or copying of copyrighted software, violation of U.S. export restrictions, harassment, fraud, trafficking in obscene material, drug dealing, money laundering, factoring, scrubbing, and other illegal activities are prohibited.
b. Net abuse, including but not limited to activities such as using a non-existent email return address on a commercial solicitation, use of email addresses gathered from an FFA site, spamming (sending unsolicited advertising to numerous email addresses or newsgroups and/or generating a significantly higher volume of outgoing email than a normal user), allowing spamming by third parties to promote a web site hosted by us, trolling (posting outrageous messages to generate numerous responses), mailbombing (sending multiple messages without significant new content to the same user), subscribing someone else to a mailing list without that person's permission, cross-posting articles to an excessive number of newsgroups, transmitting a virus over the Internet to one or more users or systems, or attempting without authorization to enter into a secured computer system. We reserve the right to determine what constitutes net abuse. Customers will take full financial responsibility for any incident of net abuse. By using Boston Commerce, Inc. services, email communication is considered authorized, regardless of format and while use of the removal system is permitted, reporting such communication as "Spam," or "UCE," will be considered "net abuse" under this agreement.
c. Tortuous conduct, including but not limited to posting of defamatory, scandalous, or private information about a person without their consent, intentionally inflicting emotional distress, or violating trademarks, copyrights, or other intellectual property rights. Making threats, or threatening remarks toward employees, or representatives of Boston Commerce, Inc.
d. Misuse of system resources, including but not limited to employing posts or programs which consume excessive CPU time or storage space; permitting use of mail services, mail forwarding capabilities, excessive use or abuse of support services, POP accounts, or autoresponders other than for the customer's own account; resale of access to CGI or API scripts installed on our servers; or attempting to use a single customer account for third party web sites by allowing more than one domain pointer to be used to reference pages within the customer's site.
e. Hijack of resources and/or systems, including but not limited to using resources such as SMTP or MAIL servers and NET addresses without prior authorization. Linking or hacking the databases supplied by Boston Commerce, Inc. and within software designed and licensed by Boston Commerce, Inc., including but not limited to CGI, API, HTML, or https:// scripts in an inappropriate manner. By using system resources without having an established account with Boston Commerce, Inc. , or an affiliate, you will automatically become responsible for payment of per hour charges at the current published hourly rate, for any necessary administrator time that may result from your actions, plus actual damages. You will also be responsible for all incidental expenses that may result from your actions. This includes, but is not limited to time for virus removal, system hardware or software repair, phone time, and letter writing, as well as legal and professional fees. You will also be responsible for all costs for collection should collections activity be required. Use of system resources with, or without placing an order, and with or without receiving official permission, will initiate your unconditional agreement to the terms of service.
f. Unauthorized Use of services or websites. Use of public web pages linked from the Boston Commerce, Inc., home page or other top level domain names managed by Boston Commerce, Inc. is permitted, as is accessing sites or web pages that are indexed in public search engines, however, it is prohibited to use web pages that are not intended for public use such as private pages, mock up pages, client pages, pages listed in the archives or history sections of Boston Commerce, Inc. , expired web pages with copyright dates older than 1 year, or password protected sections of any website, without the proper credentials. Accessing such pages without invitation, or rightfully issued credentials will be considered hacking under these terms and constitutes Net Abuse.
"Customer" means any paid
or unpaid end user who is utilizing services provided by Boston Commerce, Inc.
or its affiliates as a registered user. A "user" is a "customer" by definition,
although "users" may not pay for any or all services that are provided for free
such as eTrader newsletter, routingtool.com, CheckWriter Demo, BetterCheck Demo,
or other applications, registrations or lists where no payment is received to
a. All prices for plans provided by Boston Commerce, Inc. to Customer are US dollars.
b. Customer shall be responsible for paying all taxes of any nature that become due with regard to Boston Commerce, Inc. services, except for taxes on Boston Commerce, Inc. 's income, irrespective of which party may be responsible for reporting or collecting such taxes.
c. Any notification of rate increases or plan changes for customers who are on a monthly, quarterly, annual or other billing cycle will be sent to the customer at least 14 days in advance of the next billing cycle unless part of a prior written rate plan with the increase already disclosed. Rates are subject to change unless the plan selected is for a specified fixed term and that fixed term is still in effect. In this case, prior rates are honored until the term expires.
d. . Hourly rate charges are $240 per hour for standard billing and technical support; and $240 per hour for manager billing; and $240 per hour for developer billing; and $240 per hour for after-hours, weekend, and holiday hours billing. Holiday manager billing is $290 per hour. Travel time is billed at actual travel cost, plus $290 per hour while out of the office. Per minute technical support telephone billing is billed at $240 per hour, or $4 per minute with a 1/2 hour minimum.
4. ORDER ACCEPTANCE, PAYMENT
a. All orders are subject to acceptance by Boston Commerce, Inc. An order will be deemed accepted by Boston Commerce, Inc. when written confirmation of the order is sent to Customer in the form or a setup letter, or activation notice via email, or US mail. A transaction or order receipt is not to be considered acceptance of the order. Boston Commerce, Inc. may refuse to accept any order, or delay acceptance pending fulfillment of conditions Boston Commerce, Inc. may choose to impose. Such refusal or such conditions may not be unreasonable, however, and Boston Commerce, Inc. agrees to provide Customer with reasonable notice via email or fax of any intent to delay or decline the acceptance of any order. While it is not required, Boston Commerce, Inc. will make every effort to provide a reason for order denial. Coupons cannot be added retroactively to any order. Coupon codes are valid in the USA only.
b. Payment and Terms: Payment shall be made in US dollars to Boston Commerce, Inc. into the account designated by Boston Commerce, Inc. , or as may otherwise be agreed in writing by the parties. Payments are due upon account activation and future renewal. Accounts that bill automatically may bill to your default method of payment on file up to 30 days in advance or arrears of your absolute due date. If due to bank charges, transfer fees, or the like, Boston Commerce, Inc. should receive less than its invoice amount, Boston Commerce, Inc. will re-bill or re-invoice Customer for the shortfall. Should payment in full of any invoice (aside from such shortfalls) not be received by Boston Commerce, Inc. , Boston Commerce, Inc. may impose a debt service charge amounting to one percent (2%) of the overdue balance for each month or fraction thereof the overdue amount remains unpaid. Boston Commerce, Inc. may also choose to impose service charges, typically $35 per incident.
c. Monthly, quarterly or annual billing arrangements for hosting and other ongoing services such as CheckWriter Cloud, BetterCheck, WebDebit, and Text-a-Check are automatically billed to your default payment method on file. Billing is usually on the regular billing date for that month, however, billing and posting dates will vary and can be up to 30 days in advance or arrears of your actual bill date. Accounts will continue to bill until cancelled in accordance with the official cancellation policy for that product or service. By using the services you agree to make payment for all services used on your account, including overages for metered service, additional memory, bandwidth, transaction fees, monthly fees, or other overage usage and fees and support charges if applicable. Boston Commerce, Inc. participates in a merchant billing update system that in some circumstances will automatically update your credit card expiration date for critical accounts like Domain Name Registration, BetterCheck, Text-a-Check, WebDebit and CheckWriter Cloud if you have a sustained relationship and the credit card number is still valid. Some card issuers provide updated card numbers to our platform when a card was replaced due to fraudulent activity or loss the customer has completed at least six (6) billing cycles.
d. Boston Commerce, Inc. may discontinue, withhold, or suspend services to Customer and/or its customer(s) to whom such unpaid amounts relate. Unpaid balances over $1.00 may result in account suspension, or termination. Boston Commerce, Inc. will give reasonable notice to the customer, although Boston Commerce, Inc. is not required to do so under this agreement, and the customer waives all right to receive notice by accepting these terms.
e. LATE FEES AND
SURCHARGES: A late fee will apply to all balances being paid after the due
date. This late fee is typically $10. For domain name registration,
an additional "Reclaim" fee of $100 is assessed to any domain name
that has already expired and requires reactivation. Reclaim fees are for
manually reactivating a domain name that is expired, but not yet released for
re-registration. Once a name is in "Reclaim" all required phone calls,
inbound or outbound, are billable at $5 each, plus the standard hourly
rate. Declined credit cards will assess a $5 fee to the customer.
BetterCheck accounts with declined monthly billing will reset to a default rate
of 25% more than the standard monthly rate. Reactivation of any suspended
merchant account such as BetterCheck, Advanced BetterCheck, RoutingTool,
CheckWriter Cloud accounts or shopping cart / order form accounts will incur a
fee of $25.
6. RULES AND REGULATIONS
7. LIMITATION OBLIGATIONS AND
Boston Commerce, Inc. shall not be liable to Customer or any of its customers for any claims or damages which may be suffered by Customer or its customers, including, but not limited to, losses or damages of any and every nature, resulting from the loss of data, inability to access Internet, or inability to transmit or receive information, inability to access information in a database associated with a Boston Commerce, Inc. software product or service caused by, or resulting from, delays, non-deliveries, or service interruptions, whether or not caused by the fault or negligence of Boston Commerce, Inc.
b. Boston Commerce, Inc. may discontinue servicing any Plan, or may require fulfillment of conditions Boston Commerce, Inc. may choose to impose as a prerequisite for continuing to service any Plan for any reason, including unpaid balance, failure to authorize payment on an auto-renewal plan, and abuse of services, failure to secure internal networks, propagating mal-ware, spy-ware, virus code, or informing Boston Commerce, Inc. , or its affiliates, that one of the aforementioned conditions exist.
c. Services provided by Boston Commerce, Inc. to Customer shall be deemed accepted for all purposes upon activation or upon renewal for such services.
d. Boston Commerce, Inc. ’s liability to Customer, and any end user of any Plan or other Boston Commerce, Inc. services is limited to the amount paid to and received by Boston Commerce, Inc. for services accepted or not accepted within the past 90 days. In no event shall Boston Commerce, Inc. be liable to Customer, or any end user or any other entity for any special, consequential, or other damages, however caused, whether for breach of contract, negligence or otherwise, even if Boston Commerce, Inc. has been advised of the possibility of such damage.
e. Customer will take all necessary measures to preclude Boston Commerce, Inc. from being made a party to any lawsuit or claim regarding Boston Commerce, Inc. services provided to any Customer or end user. Customer hereby agrees to indemnify and hold harmless Boston Commerce, Inc. from any and all claims of whatever nature brought by any of Customer's customers against Boston Commerce, Inc. in excess of the remedy set forth in paragraph 7(d).
f. Any legal action involving Boston Commerce, Inc. and the Customer must be filed in Suffolk County Court, Boston Municipal Court, or the Federal District Court in Boston, Massachusetts. If Boston Commerce, Inc. is owed more than $50 for a period of more than 30 days by a customer, legal action against the customer may be filed in Boston or other jurisdiction if preferred by Boston Commerce, Inc. All legal fees for all legal issues will be the responsibility of the Customer, including the cost of information gathering required to comply with a subpoena where the customer or customer's account is named. Information gathering is billed at actual cost of legal fees, materials, and incidentals, plus the currently published Boston Commerce, Inc. hourly rate, with a minimum charge of one hour per incident. The cost of transportation and lodging while in Boston, will also be the responsibility of the Customer.
g. We may choose to turn delinquent accounts
over to a collection agency, and all agency fees will be the customer's
responsibility. If collection activity requires legal action, Boston Commerce,
Inc. may assess what ever fees necessary to achieve full collection of funds
due, rather than settlement for any partial amount.
8. PROPERTY RIGHTS
No right, property, or interest in any Boston
Commerce, Inc. Licensed Materials owned by Boston Commerce, Inc. or any of
its affiliates is intended to be given to or acquired by you by the execution
of or the performance of this Agreement.
Some trade names, and website content are
Trademarks owned by “yourfavorite.com” or Copyright to “yourfavorite.com”, are
licensed by “yourfavorite.com” to Boston Commerce, Inc. for use on its
websites. Use or misuse of this licensed material is considered a violation of
these terms of service, however, yourfavorite.com may initiate enforcement of Trademark
and Copyright infringement associated with licensed Trade Names or licensed
Copyright materials independently and according to their own terms of service.
a. ABUSE - When the customer has violated the Boston Commerce, Inc. abuse policy or terms of this contract, Boston Commerce, Inc. reserves the right to bill the customer's default payment method, or any valid payment method on file for the following fee schedule. $50 for the first incident, plus actual cost of any damages; $100 for the second incident, plus actual cost of damages; $1000 for third offense, plus actual cost of damages.
b. NON-PAYMENT - STOP-PAYMENT - DISPUTED
PAYMENTS - If the Customer's check is returned for NSF, ISF, Stop Payment,
closed account or any other reason, other than clerical error on behalf of Boston
Commerce, Inc. , the customer's checking account will be billed $35 plus the
actual total face value of the check. Disputed credit card charges that
result in action from Boston Commerce, Inc. 's Bankcard provider, otherwise
known as "chargebacks," through MasterCard, Visa, American Express,
Discover, or Bankcard, will result in a fee of $55 per disputed item (per case
number), plus actual cost of collections. Customer must adhere to all refund
policies. Disputes are not valid if they fall beyond the terms of this
agreement. Chargebacks initiated by the customer during the course of a refund,
in an attempt to obtain credit in excess of the refund credit due, and while
within the refund period, will void the refund policy.
d. Non-qualified transaction charges may be assessed to any and all recurring fees such as account replenishments, renewals, subscriptions or other such charges on a MasterCard, Visa, or American Express that do not clear AVS, or address verification service with a full Address "Y" Zip Code "Y" and CVV2: Match. Any transaction that does not clear AVS which is then considered "non-qualified" by the merchant bank, will be billed a non-qualified transaction surcharge multiple of .0525 or $5 whichever is greater. Boston Commerce, Inc. reserves the right to reject or approve any non-qualified transactions based on its own underwriting criteria.
e. Customer agrees that any and all past due
fees and/or standing negative account balances may be charged to the authorized
payment on file for the account in question. Customer authorizes Boston
Commerce, Inc. to bill such fees or balances to any credit card or checking
account on file where payment authorization is still valid.
11. TERM, TERMINATION:
a. By Customer, by notifying Boston
Commerce, Inc. in writing ten (10) days prior to renewal of this agreement,
where written notification can consist of a fax with fax confirmation service,
a letter sent to the mailing address on record, and addressed to Boston
Commerce, Inc. Cancellations, or a fax sent to 617-249-0850 for domain name
registration accounts only.
c. By Boston Commerce, Inc. upon thirty (30) days' written notice, unless the Customer is in payment default, or terms of this contract were violated, where Boston Commerce, Inc. may terminate or suspend the customer at any time without notice.
d. By Boston Commerce, Inc. , immediately
upon giving written notice to Customer, in the
e. By Boston Commerce, Inc. immediately, if Customer attempts to assign all or any part of this Agreement prior written approval;
f. By Boston Commerce, Inc. immediately, if Customer fails to inform Boston Commerce, Inc. in writing immediately on the happening of any event specified in this section;
g. By Customer, immediately upon giving
written notice to Boston Commerce, Inc. , if
The provisions of paragraphs in this agreement survive any termination of this agreement.
h. By Boston Commerce, Inc. immediately, if
Customer initiates legal action; or threatens legal action; or threatens to
breach any section of this agreement including, but not limited to, section 10b
j. By Boston Commerce, Inc. with 30 days’
notice when an account is hosted on a platform that is no longer considered
secure, or is considered a security risk because the product or platform is
EOL. This includes products or services hosted on Boston Commerce, Inc. platforms
that no longer meet PCI requirements, SSL/TLS requirements, SMTP, POP or other
mail security requirements, or other industry standards that could put
services, or content at risk.
13. PARTIAL INVALIDITY
14. APPLICABLE LAW, JURISDICTIONAL
It is to be governed by and construed under the laws of the Commonwealth of Massachusetts, in Suffolk County, and the United States of America. The federal and state courts of the Commonwealth of Massachusetts, as well as Boston Municipal Court, shall have exclusive jurisdiction to adjudicate any non-arbitrable dispute arising out of this agreement. Customer hereby expressly consents to
(1) the jurisdiction of the courts of Massachusetts and (2) service of process being effective upon it by registered mail sent to the address set forth at the beginning of this document or on the original order, as may be changed from time to time by written notice actually received by Boston Commerce, Inc. . To the extent permissible by the law of Customer's jurisdiction, Customer waives any requirement that service of process or of any documents be made upon it pursuant to the provisions of the Hague Convention.
17. ENTIRE AGREEMENT: MODIFICATIONS
Utilization of Boston Commerce, Inc. services
by Customer and/or its Customers following the effective date of such change
shall constitute acceptance by Customer of such change(s).
Websites © 1996-2020 Boston Commerce, Inc., Boston, MA 02134. All Rights Reserved.