Terms Of Service
The following terms and conditions (these “Terms”) govern the provision by BDServerHosting of the services and/or products (referred collectively herein as “Services and Products”) described on the Server Order Form, the Service Level Agreement and Service Exhibit attached hereto (collectively the “Service Descriptions”) and defined in any of the Company’s product support listing, to the customer (“Customer”) identified on the Service Descriptions. The Service Descriptions, these Terms and the attachments and any addenda hereto, executed with respect to the Services and Products, are referred to herein, collectively, as this “Agreement”.
1) Backup and Data Loss
Your use of this service is at your sole risk. BDServerHosting doesn’t provide a backup service. BDServerHosting is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on BDServerHosting servers. Backups will not be provided for accounts that have been suspended or terminated for any reason.
2) Uptime Guarantee
Approval of any credit is at the discretion of BDServerHosting dependent upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor’s network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please contact email@example.com with proper justification. All requests must be made in writing via email. The 99% up time guarantee only applies to shared solutions.
3) Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists”, purchased lists, and selling of lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.
Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, phone, postal mail, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.
BDServerHosting reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.
BDServerHosting reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee or any charges incurred for blacklist removal. This cost of the clean up fee is entirely at the discretion of BDServerHosting.
4) Bandwidth Usage
You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.
5) Money back Guarantee / Refund Policy
By ordering our services, you agree to adhere to our refund policy. Failure to do so will result in suspension and possibly termination.
6) Reseller: Client Responsibility
Resellers are responsible for supporting their clients. BDServerHosting does not provide support to our BDServerHosting’s Clients. If a reseller’s client contacts us, we reserve the right to place the client account on hold until the reseller can assume their responsibility for their client. All support requests must be made by the reseller on their clients’ behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients’. BDServerHosting will hold any reseller responsible for any of their clients actions that violate the law or the terms of service. A $15 administrative charge may be applied to unsuspend a Reseller account if there is abuse under account.
Customer agrees that it shall defend, indemnify, save and hold BDServerHosting harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against BDServerHosting, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless BDServerHosting against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with BDServerHosting; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from BDServerHosting server.
8) Prohibition of Offensive Behavior
Racist, intolerant, “hate”, defamatory, “stalking”, invitations to fight, threatening or any communication of any nature that we decide, in our sole discretion, as being improper, will result in service termination without prior notice. Subscribers may not make comments on online social networking, blogs, forums or any online media websites, that we deem to be inproper, unfair or discourteous to the effort made my BDServerHosting employees. Your account may be suspended or terminated without refund. This includes, but is not limited to, threats to sue, slander, libel, publicly post, or initiate a chargeback.
BDServerHosting shall not be responsible for any damages your business may suffer. BDServerHosting makes no warranties of any kind, expressed or implied for services we provide. BDServerHosting disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by BDServerHosting and its employees.
By ordering our services, you agree to adhere to our Acceptable Use Policy. Failure to do so will result in suspension and possibly termination.
12) Un-Suspension Fees
If your services at BDServerHosting get suspended for any reason deemed inappropriate by BDServerHosting or if the TOS has been violated. A un-suspension fee of tk 500 will be charged at our discretion to the effected account in order to unsuspend it.
13) Domain Transfers
BDServerHosting reserves the right to deny any domain transfers that have been placed in the first 90 days of purchase. BDServerHosting will only allow transfers after 90 days of purchase.
14) Changes to the TOS
BDServerHosting reserves the right to revise its policies at any time without notice.