a) Access and Control Policy.
When a new account or domain, as applicable, is registered with or transferred to Budget Hosting or with one of its affiliates, the process requires and results in the creation of the following within the records of Budget Hosting, in association with said new account or domain: i) Name of person registering; ii) email address; and, iii) associated payment information, such as Visa, Mastercard, etc., Credit Card Number & name thereon, etc.
1) If a person contacts Budget Hosting and claims that he or she is entitled to access to an account, website, or domain registered with Budget Hosting or its affiliate but is without access (for any reason such as but not limited to forgotten password or forgotten user name, data loss or corruption on personal computer, improperly locked out, and so forth), Budget Hosting will give access to the person who acceptably evidences he or she has substantially all of: i) name of the person who originally registered; ii) email address of the person who originally registered; iii) the user name of the person who originally registered, if possible; iv) the associated payment information, such as a bank statement displaying the payment & name thereon, etc. (mandatory); and, v) a photo identification evidencing she or he is the rightful possessor and user of said payment medium (mandatory). Otherwise, Budget Hosting will not give access and control to a claimant unless Budget Hosting is served with a valid order of a court or agency, requiring Budget Hosting to give such access and control to said claimant. Subscriber acknowledges and accepts that the foregoing access and control policies and procedures are the only way that notice(s) can be given and changes can be effected regarding said access and/or control; and, further, that any other changes made directly by Subscriber or by others within the online records of Budget Hosting or of its affiliates shall not be deemed effective to give notice to Budget Hosting or its affiliates of any changes in said access or control.
2) Subscriber acknowledges and accepts said access and control policy and procedure, agrees not to bring any claim in the form of a lawsuit or otherwise against Budget Hosting arising out of its following said policy and procedure, agrees immediately to dismiss any claim so brought, and hereby releases Budget Hosting from all liability and all claims for damages or any other liability whatsoever that may arise out of Budget Hosting's following said policy and procedure.
b) Disputing Site or Account Ownership.
Disputes sometimes arise between or among multiple persons claiming ownership of or rights in a site hosted by Budget Hosting. Budget Hosting is not obligated to resolve any such disputes. If multiple persons are claiming ownership of or rights in a site hosted by Budget Hosting or in an associated Budget Hosting account, and, in Budget Hosting’s sole judgment, there is not certainty as to the ownership of or rights in said site or account, then Budget Hosting will, to the extent of its knowledge and ability, notify said persons of the dispute and demand that said persons promptly, conclusively, and finally resolve the dispute in a manner which makes clear who the owner(s) and/or interest holder(s) is/are and in a manner which relieves Budget Hosting of all liability or obligations concerning the dispute. If the disputing persons fail to resolve the dispute within what Budget Hosting, in its sole judgment, deems to be a reasonable time, then Budget Hosting, at its option and without any obligation to do so, may. The person or persons conclusively and finally determined by the interpleader action to be the rightful owner(s) or interest holder(s) of said site and/or associated account shall be obligated to reimburse Budget Hosting for all of its expenses relative to said interpleader action including without limit all its court costs and reasonable attorney fees. All amounts owed to Budget Hosting under this section shall be deemed due and payable immediately upon thirty (30) days after judgment or settlement is reached.
c) Notification of Transfer of Hosting Account Ownership.
Please note that any changes to the owner and/or billing information stored in the account control panel must be changed by the Transferor or the Transferee. Budget Hosting will not be liable for any inability to access the account due to a failure to release access information. Filing this form with Budget Hosting does not guarantee any changes. Budget Hosting reserves the right to accept or reject the request for any reason in its sole and absolute discretion.