We reserve the right to
cooperate with legal authorities and/or injured
third parties in the investigation of any
suspected crime or civil wrongdoing. If our
server is being used for anything which is not
legal in the United States of America, it is not
permitted to reside on our servers. If illegal
content or usage is found, the account will be
suspended and/or terminated. Subscriber agrees
that the Company may disclose any and all
subscriber information including assigned IP
numbers, account history, account use, etc. to
any law enforcement agent who makes a written
request without further consent or notification
to the Subscriber.
Harm to
Minors:
Use of our service to
harm, or attempt to harm, minors in any way,
including, but not limited to child pornography
or other abuse is prohibited. Violation of this
policy will result in immediate termination of
your service and a report will be made to law
enforcement authorities.
Threats:
Use of our service to
transmit any material by email, uploading,
posting or otherwise that threatens or
encourages bodily harm or destruction of
property is prohibited.
Harassment:
Use of our service to transmit any material by
email, uploading, posting or otherwise that
harasses another in anyway is prohibited.
Defamation: Defamatory speech
distributed over the internet can result in
Civil Liability for the defamer.
Fraudulent Activity:
Use of our service to
make fraudulent offers to sell or buy products,
items, or services, or to advance any type of
financial scam such as "pyramid schemes", "ponzi
schemes", and "chain letters" is prohibited.
This also include any knowing misrepresentation
or misleading statement, writing or activity
made with the internet that the person receiving
it will act upon it.
Forgery
or Impersonation:
Adding, removing or
modifying identifying network header information
in an effort to deceive or mislead is
prohibited. Attempting to impersonate any person
by using forged headers or other identifying
information is prohibited. Forging any message
header, in part or whole, of any electronic
transmission, originating or passing through our
service is in violation of the TOS. The use of
anonymous remailers or nicknames does not
constitute impersonation.
Unsolicited Commercial Email/Unsolicited Bulk
Email (SPAM):
Use of our service to
transmit any unsolicited commercial or
unsolicited bulk email is expressly prohibited.
Violation of this SPAM policy will result in
severe penalties. Upon notification of an
alleged violation of our SPAM policy, we will
initiate an investigation. During the
investigation, we may restrict Subscriber access
to the network to prevent further violations.
If a Subscriber is found to be in violation of
our SPAM policy, we may, at our sole discretion,
restrict, suspend or terminate the Subscriber's
account. Further we reserve the right to pursue
civil remedies for any costs associated with the
investigation of a substantiated policy
violation. We will notify law enforcement
officials if the violation is believed to be a
criminal offense. Anyone using our service to
host websites or services that support spammers
or cause any of our IP spaces to be listed in
any of the various Spam Databases will have
their account(s) immediately terminated.
Email/News Bombing:
Malicious intent to
impede another person's use of electronic mail
services or news will result in the immediate
termination of the offending account.
Usenet
Abuse/Spamming:
We have a zero
tolerance policy for the use of our service for
the posting of messages or commercial
advertisements which violate the rules,
regulations, or charter of any newsgroups or
mailing list. Commercial messages that are
appropriate under the rules of a newsgroup or
mailing list or that are solicited by the
recipients are permitted.
Unauthorized Access:
Use of our service to
access, or to attempt to access, the accounts of
others, or to penetrate, or attempt to
penetrate, security measures of ours or another
entity's computer software or hardware,
electronic communications system, or
telecommunications system, whether or not the
intrusion results in the corruption or loss of
data, is expressly prohibited and the offending
account is subject to immediate termination.
You may not attempt to circumvent user
authentication or security of any host, network
or account. This includes, but is not
limited to, accessing data not intended for you,
logging into or making use of a server or
account you are not expressly authorized to
access, or probing the security of other
networks. Use or distribution of tools
designed for compromising security is
prohibited. Examples of theses tools
include, but are not limited to, password
guessing programs, cracking tools or network
probing tools. Violations of system or
network security may result in civil or criminal
liability. We will investigate
occurrences, which may involve such violations
and may involve, and cooperate with, law
enforcement authorities in prosecuting users who
are involved in such violations.
Copyright or Trademark Infringement:
Use of our service to
transmit any material by email, uploading
posting or otherwise that infringes any
copyright, trademark, patent, trade secret or
other proprietary rights of any third party,
including, but not limited to, the unauthorized
copying of copyrighted material, the
digitization and distribution of photographs
from magazines, books, or other copyrighted
sources, and the unauthorized transmittal of
copyrighted software is prohibited. This
also includes intellectual property rights.
Distribution and/or posting of copyrighted or
the aforementioned infringements will not be
tolerated.
Collection of Personal Data:
Use of this service to
collect, or attempt to collect personal
information about third parties without their
knowledge or consent is prohibited.
Network
Disruptions and Unfriendly Activity:
Use of the service for
any activity which affects the ability of other
people or systems to use our services or the
internet is prohibited. This includes
"denial of service" (DOS) attacks against
another network host or individual user.
Interference with or disruption of other network
users, services or equipment is prohibited.
This includes, but is not limited to: "flooding"
of networks, deliberate attempts to overload a
service, and attempts to "crash" a host. It is
the Subscriber's responsibility to ensure that
their account or accounts are configured in a
secure manner. A Subscriber may not,
through action or inaction, allow others to use
their account for illegal or inappropriate
actions. A Subscriber may not permit their
account, through action or inaction, to be
configured in such a way that gives a third
party the capability to use their account in an
illegal or inappropriate manner.
Unauthorized entry and/or use of another company
and/or individual's computer system will result
in immediate account termination. We will
not tolerate any Subscriber attempting to access
the accounts of others, or penetrate security
measures of other systems, whether or not the
intrusion results in corruption or loss of data.
We reserve the right, to drop the section of IP
space involved in Spam or Denial-of-Service
complaints if it is clear that the offending
activity is causing great harm to parties on the
internet. In particular, if open relays
are on your account, or if denial of service
attacks are originating from your account.
In certain rare cases, we may have to do this
before attempting to contact you. If we do
this, we will contact you as soon as is
feasible.
Distribution of Viruses:
Intentional
distributions of software or anything that
attempts to and/or causes damage, harassment, or
annoyance to persons, data, and/or computer
systems are prohibited. Such an offense
will result in the immediate termination of the
offending account.
Inappropriate Use of Software:
Use of software or any
device that would facilitate a continued
connection, i.e. pinging, while using our
services could result in suspension of service.
IRC
Networks:
It is forbidden to
host IRC (Internet Relay Chat) that is part of
or connected to another IRC network or server.
Accounts found to be connecting to or part of
these networks will be immediately suspended
without notice. The account will not be
reinstated until such time that you agree to
remove any and al traces of the offending
material immediately upon reconnection.
Severe violations may result in immediate and
permanent removal of the account(s) from our
network without notice to the customer.
Any user who commits a second violation will be
immediately and permanently removed from our
network without notice.
Eggdrop
Scripts:
Eggdrop scripts/bots
and IRC bots of any type are not allowed; these
are grounds for immediate account deletion.
Adult
Material:
Adult material is not
permitted on our servers. Pornography,
nudity and sex-related merchandising are
prohibited on all our servers. This
includes sites that may infer sexual content, or
link to adult content elsewhere. This is
also true for sites that promote any illegal
activity or content that may be damaging to our
servers or any other server on the internet.
Links to such materials are also prohibited. We
will be the sole arbiter as to what constitutes
a violation of this provision. If such
violation is discovered, it will result in
immediate deactivation of services without a
refund.
Objectionable Material:
You may not use our
service to publish material, which we determine,
at our sole discretion, to be unlawful, indecent
or objectionable. For purposes of this
policy, "material" refers to all forms of
communications including but not limited to:
narrative descriptions, graphics (including
photographs, illustrations, images, drawings,
logos), executable programs, video recordings,
and audio recordings. If you're unsure if
your content is objectionable, please contact us
before posting it.
Chinese
Forums:
Chinese Forums are not
allowed on our network. These sites
require too much CPU usage. They typically
require a dedicated server to run properly.
If they are found on any server we will suspend
and/or terminate them.
Anime:
Anime websites are not
allowed on our network. If an Anime
website is found, we will terminate the account.
These sites are not allowed on our servers
because most of them are illegal, and almost
inevitably cause server problems.
Demo
Accounts:
Due to the potential
of a security breach, or malicious activity
aimed at our network, control panel demo
accounts are not allowed. We recommend
linking directly to the control panel maker's
website for their demo (for example
www.cpanel.net).
Use of
Our Service by Minors:
Persons under the age
of eighteen (18) must provide written permission from their
parent/guardian to use our services. By
signing up for our service, you agree that you
are over the age of 18, OR your parent/guardian
has permitted you to do so and has read and
agreed to the TOS, and has accepted the
responsibility for any actions you may take as a
minor under their custody.
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3
Security
By using our services you
agree to adopt adequate security measures to
prevent or minimize unauthorized use of your
account. Your password provides access to
your account. It is your responsibility to
keep your password secure. Sharing your
password and account access with unauthorized
users is prohibited. You should take care
to prevent others from using your account since
you will be held responsible for such use.
Subscribers will be held
responsible for any activity by third parties
using their accounts in a way that violates the
TOS. You are responsible for any misuse of
your account, even if the inappropriate activity
was committed by a friend, family member, guest
or employee. Therefore, you must take
steps to ensure that others do not gain
unauthorized access to your account.
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4
Network Performance
By using our service you agree
to abide by this policy. Our services
operate on shared resources. Excessive use
or abuse of these shared network resources by
one customer may have a negative impact on all
other customers. Misuse of network
resources in a manner which impairs network
performance is prohibited by this policy and may
result in termination of your account.
You are prohibited from
excessive consumption of resources, including
CPU time, memory, disk space and session time.
You may not use resource-intensive programs
which negatively impact other customers or the
performances of our systems or networks.
This may include certain scripts or forums that
put excessive use on the SQL server in a way
which degrades performance for other users.
We reserve the right to terminate or limit such
activities. Additionally, if your
account(s) become the target of
denial-of-service (DOS or DDOS) or other
malicious attacks against the server, we reserve
the right to end your service.
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5
Payment Policy
By using our services you
agree to the following payment policy and
instructions.
Refunds:
Our plan
payment policy is on an annual basis.
Should you decide to cancel your account, the
fee previously paid for any full unused months of
service will be refunded to you. Should
you cancel your service within the first 30 days
of ordering your new account, we will refund the
full amount.
No refund shall be granted
should we find it necessary to terminate your
account due to violation of our TOS.
Payment/Subscription:
We accept credit card payments through PayPal.com.
Please note that it is no longer necessary to
have to become a member of PayPal in order to
use this service.
Establishment of your account
is dependent upon receipt by the Company of
payment for the hosting services desired.
Thirty days prior to the expiration of your
hosting term, we will send you an invoice for
the new 1 year period. We believe 30 days
is ample time to make this payment and if not
received by the 7th day of the new period, we
will suspend your account. We will send
you a second reminder, but if no payment
received within 5 days of that notice, the
account will be removed from our servers.
Cancellations:
All cancellations must be made by
the Subscriber in writing. A refund will
be made to Subscriber for any full remaining
months against the cancelled subscription. (Does
not apply to accounts terminated as the result
of violations of our TOS.
Service
Rates:
Subscriber acknowledges that the nature of the
service furnished and the initial rates and
charges have been communicated to Subscriber.
The Company will provide its Subscriber(s) with
30 days written notice should it become
necessary to increase the cost of service in
order to achieve and maintain our service goals
including but not limited to rates charged to
the Company by its suppliers. Please note
that BargainHost.us will do its utmost
however, to keep your annual rate the same for
the life of your website.
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General Operations
By using our service you agree
to the following policy and limitations
pertaining to our services.
Uptime:
Subscriber acknowledges
that the service provided is of such a nature
that service can be interrupted for many reasons
other than the negligence of the Company and
that damages resulting from any interruption of
service are difficult to ascertain. Subscriber
agrees that the Company shall not be liable for
any damages arising form such causes. In
no event shall the Company be liable for any
special or consequential damages, loss or
injury. Although we have 99.9%
uptime, we make no guarantees about uptime
performance due to influences that are outside
of our control.
Support:
We provide free
technical support to our Subscribers limited to
our areas of expertise. We provide support
related to your account or virtual site's
physical functionality. We cannot offer
tech support for application specific issues
such as CGI programming, HTML or any other such
issue. We will provide a variety of
support information and options we believe a
benefit to our Subscribers. These support
options will be able to be found on the Support
and Tutorials pages of our website.
IP
Addresses:
Subscriber has the right to use the assigned IP
address for the life of his website; however,
ownership of the IP belongs to Company.
Subscriber shall have no right to use that IP
address except as permitted by us in our sole
discretion in connection with the services.
We shall maintain and control ownership of all
IP numbers and addresses that may be assigned to
Subscriber by us, and we reserve the right to
change or remove any and all such IP numbers and
addresses, in our sole and absolute discretion
due to violations of TOS.
Bandwidth and Disk Usage:
Subscriber agrees that bandwidth
and disk usage shall not exceed the quota for
the services ordered by Subscriber on the order
form (the "Agreed Usage"). We do monitor
Subscriber's bandwidth and disk usage. The
Company will do its best to work with its
Subscribers in any way it possibly can. If
excessive use is determined, Subscriber will be
given the options of either rectifying the
situation within 30 days, purchasing additional
bandwidth and/or space at a reasonable cost or
canceling his subscription of Subscriber so
chooses. If cancellation is Subscriber's
only option, the fee for any full remaining
unused months will be refunded to Subscriber.
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7
Violation Reporting
By using our service you agree
to report violations of the TOS to us.
Anyone who believes that there is a violation of
our TOS should direct such information to us by
email immediately. If available, please
provide the following information:
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8
Violation Procedures
By using our services you
understand and agree with the following
procedures and policies.
We are under no duty to look
at each Subscriber's or user's activities to
determine if a violation of the TOS has
occurred, nor do we assume any responsibility
through our TOS to monitor or police
internet-related activities.
First
Violation:
Any Subscriber, which is determined to have
violated any element of the TOS, shall receive
an email warning them of the violation.
The service may be subject at our discretion to
a temporary suspension pending a Subscriber's
agreement in writing, to refrain from any
further violations.
Second
Violation:
Subscribers that we determine to have committed
a second violation of any element of this
Acceptable Use Policy shall be subject to
immediate suspension or termination of service
without further notice.
Suspension of Service or Cancellation:
We reserve the right to suspend network
access to any Subscriber if in the judgment of
the network administrators the customer's
account is the source or target of the violation
of the TOS. If inappropriate activity is
detected, account of the Subscriber in question
will be suspended until an investigation is
completed. Prior notification to the
Subscriber is not assured. In extreme
cases, law enforcement will be contacted
regarding the activity.
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9
Miscellaneous Provisions
Refusal
of Service:
BargainHost.us reserves the right
at its sole discretion to refuse or cancel
service. Violation of any of the Terms of
Service could result in a Warning, Suspension,
or possible Account Termination. Accounts
terminated due to TOS violations will not be
refunded.
Indemnification:
Subscriber agrees to
protect, indemnify, save and hold harmless,
BargainHost.us, its affiliates and partners,
from any and all stipulations, liabilities,
losses, expenses and claims, as well as
attorney's fees assessed against same, including
its agents, customers, officers, employees and
administration that may arise or result from any
service provided or performed or agreed to be
performed or any product sold by its customers,
agents employees or assigns. Subscriber
agrees to defend, indemnify and hold
BargainHost.us, its affiliates, partners,
agents, customers, officers, employees and
administration harmless against liabilities
arising out of (1) any injury to person or
property caused by any products sold or
distributed in association with our service; (2)
any material furnished by customer infringing or
allegedly infringing on the proprietary rights
of a third party; (3) copyright violation and
any defective products sold to a Customer from
Company. This means that if we are sued
because of a Subscriber's or a customer of a
Subscriber's activity, the Subscriber will be
liable for any and all damages awarded against
us, plus all costs and attorney's fees.
Contact
Information:
Subscriber must provide us
with, and keep current, good contact information
for yourself including an email address and
telephone number. If we fail to
communicate any information to you due to a
non-current inoperative or incorrect email
address, you are still responsible and
accountable for any such information we
attempted to communicate.
Waiver:
A waiver by the Company of
any breach of the TOS by Subscriber shall not
operate as or be construed as a continuing or
subsequent waiver thereof or as a waiver of any
breach of any other provision thereof.
Assignment:
Subscriber may not transfer or assign the TOS
without the prior written consent of the
Company. Company may assign the TOS at
anytime without consent from or notice to
Subscriber. Company reserves the right to
cancel Subscriber's rights under this contract
at any time without further obligation.
3rd
Party Disclaimer:
We take no responsibility
for any material input by others and not posted
to our website by us. We are not
responsible for the content of any other
websites linked to us; links are provided as
internet navigation tools only. We
disclaim any responsibility for any such
inappropriate use and any liability to any
person or party for any other person or party's
violation of this policy.
Disclaimer of Warranties:
We are not responsible for
any damages your business may suffer. We do not
make implied or written warranties for any of
our services. We deny any warranty or
merchantability for a specific purpose.
This includes loss of data resulting from
delays, non-deliveries, wrong delivery, and any
and all service interruptions caused by us.
3rd
Party Software and Services:
We may provide you access
to third party software and/or services ("Third
Party Products") through reseller relationships
we have established with certain commercial
vendors. Subscriber understands that
product support for Third Party Products unless
noted elsewhere on this site is provided by us
and not by the Third Party Vendor, unless
otherwise notified. Neither us nor any
Third Party Vendor makes any representations or
warranties, express or implied, regarding any
Third Party Products. Subscriber expressly
acknowledges and agrees that use of third party
products is at customer's sole risk and such
third party products are provided "as is" and
without representation or warranty of any kind
from us or any third party vendor, including
without limitation, any implied warrant of
merchantability, fitness for a particular
purpose, accuracy or completeness of responses
or results, correspondence to description, or
non-infringement of third party rights. To
the maximum extent permitted by applicable law,
neither us nor any third party vendor will be
legally responsible for any damages, whether
direct, indirect, or consequential, arising from
the use or inability to use any third party
product. Subscriber agrees to observe the
terms of any license and/or applicable end-user
subscriber agreement for third party products
and that customer shall be fully liable to third
party vendors and us with respect to any
improper use of such third party products or
violation of license agreements with them and/or
applicable end user subscriber agreements.
Subscriber agrees not to remove, modify or
obscure any copyright, trademark or other
proprietary rights notices that appear on Third
Party Products or that appear during the use of
Third party Products. Subscriber further
agrees not to reverse engineer, decompile, or
disassemble the Third Party Products.
Revisions to TOS:
We reserve the right to revise,
amend, or modify the TOS at any time and in any
manner. In such case the amended or
revised TOS will be posted to our website.
Subscriber understands that changes to the TOS
shall not be grounds for early contract
termination or non-payment.
Location
and Severability:
The TOS shall be construed
in all respects in accordance with the laws of
the States of Washington and New York. If
any part of the TOS is found to be invalid or
unenforceable by law, the remainder of the TOS
will remain enforceable and in full effect.
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