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BANG SERVER
Terms and Conditions
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Please read our terms and
conditions
before you purchase any domain name or
web hosting package.
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1.) Account Setup / Email on file.
We will setup your account after we have received payment and we
and/or our payment partner(s) have screened the order(s) incase of
fraud. It is your responsibility to provide us with an email address
which is not @ the domain(s) you are signing up under. If there is
ever an abuse issue or we need to contact you, the primary email
address on file will be used for this purpose. It is your
responsibility to ensure the email address on file is current or up
to date at all times. Providing false contact information of any
kind may result in the termination of your account. In dedicated
server purchases or high risk transactions, it will be necessary to
provide government issued identification and possibly a scan of the
credit card used for the purchase. If you fail to meet these
requirements, the order may be considered fraudulent in nature and
be denied.
Transfers.
Our support team
will make every effort to help you move your site to us, however, we
can not make guarantees of the transfer process. We provide this as
a courtesy service and can not make guarantees regarding its
availability or the amount of time it may take as each host is
configured a little differently. We will try our best, however, in
some cases we may be unable to assist you in a transfer of data from
an old host.
2.) Content.
All services
provided by Bangserver.com may only be used for lawful purposes. The
laws of the State of Florida (Our Datacenter location), the State of
New York, and the United States of America apply.
The
customer agrees to indemnify and hold harmless Bangserver.com from
any claims resulting from the use of our services.
Use of our
services to infringe upon any copyright or trademark is prohibited.
This includes but is not limited to unauthorized copying of music,
books, photographs, or any other copyrighted work. The offer of sale
of any counterfeit merchandise of a trademark holder will result in
the immediate termination of your account. If you believe that your
copyright or trademark is being infringed upon, please see our
DMCA (The Digital Millennium Copyright Act) Policy.
Examples of unacceptable material on all accounts* include:
No Free Hosting allowed. You are not allowed to give away hosting in
exchange for advertising or just to be friendly. If you want to give
an account to a neighbor, family member or friend, that is fine.....
we are talking about advertising to the public and offering a free
hosting account to anyone that signs up. This is an invitation for
people that will abuse the system resources. This includes penny
hosting and other ways to try and get around this rule. If we feel
you are offering services that put the rest of the customers on your
server in jeopardy, your account will be in jeopardy too! If you
need to give away free hosting, you will need a dedicated server!
IRC Bots, Proxy Scripts / Anonymizers, Pirated Software / Warez,
image, filedump, or banner-ad services (similar to rapidshare,
photobucket, or commercial banner ad rotation), topsites, commercial
audio streaming (more than one or two streams), Escrow, High-Yield
Interest Programs(HYIP) or related sites, Investment sites (FOREX,
egold exchange), sale of any controlled substance without prior
proof of appropriate permit(s), AutoSurf sites, Bank Debentures,
Bank Debenture Trading Programs, Prime Banks Programs, lottery
sites, muds / rpg's, hate sites, hacker focused
sites/archives/programs, or sites promoting illegal activities, IP
Scanners, Brute Force Programs, Mail Bombers and Spam Scripts.
Forums that distribute or link to warez content is prohibited.
* The following are accepted on Dedicated Servers only:
Proxy
Scripts / Anonymizers, Image Hosting sites and muds / rpg's
Bangserver.com provides the space and transfer in good faith to our
Customers so that they may create their Websites without the fear of
running over their Web traffic allocation. While most Customers will
use the space and traffic for their legitimate Web site needs, we
recognize that others may try to take advantage of our offer and use
the space and traffic in ways for which it is not intended. In the
best interests of our Customers and in an effort to maintain the
integrity of our service, the following common sense rules will
apply:
Customer's site must use and store only the
information and data that relates to the Website, at the IP address
provided by Bangserver.com.
Customer may not use Customer's
Website to store Web pages, files or data for other IP addresses or
domain names, nor may Customer use its Website as a repository for
file, data or "Warez group" download transfers. Bangserver.com
reserves the right to make this determination, in its sole and
absolute discretion;
Bangserver.com's bandwidth policy is to
provide Bangserver.com's customers with storage space and bandwidth
for active Web pages and cannot be used as a "storage space" for
electronic files. An example of sites that fall under "electronic
storage" are large archives of images, compressed files, movies, or
sound files.
The storage and distribution of audio/video
format files over 500 MB in size (each) via Bangserver.com network
is prohibited.
Bangserver.com does not permit sites where 80%
or more of the monthly traffic is from file downloads, or sites that
use more than 80% of system resources, or sites which in
Bangserver.com's view are detrimental to the enjoyment of
Bangserver.com services by Bangserver.com's other clients, or are in
the sole and final judgment of Bangserver.com, detrimental to
network or business operations. All images in a Customer's hosting
account must be linked to from pages within the Customer's hosting
account. It is a violation of this agreement if Customer uses this
account as merely an image, sound or file library.
Bangserver.com may take whatever steps necessary to provide its
services, and to provide for the enjoyment of such services by all
of Bangserver.com clients, and to ensure that certain clients do not
utilize services to the detriment of other clients. Customers with
Websites that do not comply with these simple rules, or who seek to
take advantage of Bangserver.com unlimited storage or traffic plan
in any other way, will, at the discretion of Bangserver.com , have
their sites canceled and/or removed from the servers and have
service charges assessed at the discretion of Bangserver.com .
Bangserver.com will be the sole and final arbiter as to Websites
or usages of resources that constitute violation or intent to
violate our policies. Websites which Bangserver.com must suspend or
cancel due to violation of these rules are not eligible to receive a
refund for unused service, and are subject to charges for bandwidth
and usage of resources at twice the standard rate for such
resources. Acceptance of these Terms of Services, and/or use of
Company's services constitutes an acceptance of any fines, penalties
or service charges which might arise out of violation of these
policies.
We reserve the right to refuse service to anyone.
Any material that, in our judgment, is obscene or threatening is
prohibited and will be removed from our servers with or without
notice.
Failure to respond to email from our abuse department
within 48 hours may result in the suspension or termination of your
services. All abuse issues must be dealt with via troubleticket/email
and will have a response within 48 hours.
If in doubt
regarding the acceptability of your site or service, please contact
us at abuse@Bangserver.com and we will be happy to assist you.
Potential harm to minors is strictly forbidden, including but
not limited to child pornography or content perceived to be child
pornography (Lolita):
Any site found to host child
pornography or linking to child pornography will be suspended
immediately without notice.
Resellers: we will suspend the
site in question and will notify you so you may terminate the
account. We will further monitor your activity; more than one
infraction of this type may result in the immediate termination of
your account.
Direct customers: Your services will be
terminated with or without notice.
Violations will be
reported to the appropriate law enforcement agency.
It is
your responsibility to ensure that scripts/programs installed under
your account are secure and permissions of directories are set
properly, regardless of installation method. When at all possible,
set permissions on most directories to 755 or as restrictive as
possible. Users are ultimately responsible for all actions taken
under their account. This includes the compromise of credentials
such as username and password. It is required that you use a secure
password. If a weak password is used, your account may be suspended
until you agree to use a more secure password. Audits may be done to
prevent weak passwords from being used. If an audit is performed,
and your password is found to be weak, we will notify you and allow
time for you to change/update your password.
3.) Zero
Tolerance Spam Policy.
We take a zero tolerance stance
against sending of unsolicited e-mail, bulk emailing, and spam.
"Safe lists" and "double opt-in" 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, 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.
Bangserver.com 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.
Bangserver.com reserves the right to charge the holder of the
account used to send any unsolicited e-mail a clean up fee. This
cost of the clean up fee is entirely at the discretion of
Bangserver.com.
4.) Payment Information.
You agree to supply appropriate payment for the services received
from Bangserver.com, in advance of the time period during which such
services are provided. You agree that until and unless you notify
Bangserver.com of your desire to cancel any or all services
received, those services will be billed on a recurring basis.
Cancellations must be done by logging into your account and
submitting a ticket to our billing department.
Once we
receive your cancellation and have confirmed all necessary
information with you via e-mail, we will inform you that your
account has been canceled. At this time, your account with us has
been canceled. If you do not hear back from us or receive an e-mail
confirming this cancellation, please contact us immediately.
There is a 5 day grace period on your account.
Any accounts 5
days overdue will be automatically suspended.
Accounts
suspended for more than 14 days will be removed from the server.(19
days from billing due date)
Accounts will not be un-suspended
unless the account balance is paid in full.
There will be a
$10 per domain restore fee if the account has been deleted from the
server. (No guarantee that accounts will be available after they are
removed)
5.) Backups and Data Loss.
Your
use of the service is at your sole risk. Bangserver.com 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
Bangserver.com servers.
6.) Cancellations and
Refunds.
Bangserver.com reserves the right to cancel the
account at any time with or without notice.
Any abuse of our
staff in any medium or format will result in the suspension or
termination of your services.
Customers may cancel at any
time via a cancellation form. Bangserver.com gives you an
unconditional 30 day money back guarantee on managed shared hosting,
and reseller solution's. There are no refunds on dedicated servers,
administrative fees, install fees for custom software, hosting
add-ons or domain name purchases.
Only first-time accounts
are eligible for a refund. For example, if you've had an account
with us before, cancelled and signed up again, you will not be
eligible for a refund or if you have opened a second account with
us.
Once a customers subscription is cancelled through their
payment gateway, the account is considered cancelled. In order for
an account to be considered active, the recurring payment gateway
must be active.
Violations of the Terms of Service will waive
the refund policy.
Cancellations must be done by logging into
your account and submitting a ticket to our billing department.
7a.) Resource Usage.
User may not:
a)
Use 25% or more of system resources for longer then 90 seconds.
There are numerous activities that could cause such problems; these
include: CGI scripts, FTP, PHP, HTTP, etc.
b) Run stand-alone,
unattended server-side processes at any point in time on the server.
This includes any and all daemons, such as IRCD.
c) Run any type
of web spider or indexer (including Google Cash / AdSpy) on shared
servers.
d) Run any software that interfaces with an IRC
(Internet Relay Chat) network.
e) Run any bit torrent
application, tracker, or client. Please note that you may link to
torrents off server, but may not host or store them.
f)
Participate in any file-sharing/peer-to-peer activities
g) Run
any gaming servers such as counter-strike, half-life,
battlefield1942, etc
h) Run cron entries with intervals of less
than 15 minutes
When using PHP include functions for
including a local file, include the local file rather than the URL.
Instead of include("http://yourdomain.com/include.php") use
include("include.php")
7b.) INODES.
The
use of more than 50,000 inodes on any shared account may potentially
result in suspension. Accounts found to be exceeding the 50,000
inode limit will automatically be removed from our backup system to
avoid overusage. Every file on your account uses up 1 inode.
Simply exceeding the limit does not constitute grounds for
suspension however accounts that constantly create and delete large
numbers of files on a regular basis or causing file system damage
may cause your account to be flagged for review.
8.)
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.
9.) Money back
Guarantee.
Please see our
30 Day Money Back Guarantee.
10.) Reseller:
Client Responsibility.
Resellers are responsible for
supporting their clients. Bangserver.com does not provide support to
our Reseller'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'. Bangserver.com will hold any reseller
responsible for any of their clients actions that violate the law or
the terms of service.
11.) Shared (non-reseller
accounts)
Shared accounts may not resell web hosting to
other people, if you wish to resell hosting you must use a reseller
account.
12.) Dedicated Servers.
Bangserver.com reserves the right to reset the password on a
dedicated server if the password on file is not current so that we
may do security audits as required by our datacenter. It is the
responsibility of the client to ensure that there is a valid email
address and current root password on file for their dedicated server
on file to prevent downtime from forced password resets.
Bangserver.com reserves the right to audit servers as needed and to
perform administrative actions at the request of our datacenter.
Dedicated servers are NOT backed up by us and it is the
responsibility of the client to maintain backups or have a solution
for this. You may purchase an additional hard drive and maintain
backups to it as the most simple solution. Please contact
sales@Bangserver.com if you wish to obtain a secondary hard drive.
It is your responsibility to maintain backups.
13.)
Price Change.
The amount you pay for hosting will never
increase from the date of purchase. We reserve the right to change
prices listed on Bangserver.com, and the right to increase the
amount of resources given to plans at any time.
14a.)
Indemnification.
Customer agrees that it shall defend,
indemnify, save and hold Bangserver.com harmless from any and all
demands, liabilities, losses, costs and claims, including reasonable
attorney's fees asserted against Bangserver.com, 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 Bangserver.com against
liabilities arising out of; (1) any injury to person or property
caused by any products sold or otherwise distributed in connection
with Bangserver.com; (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 Bangserver.com's server.
14b.) Arbitration.
By using any Bangserver.com
services, you agree to binding arbitration. If any disputes or
claims arise against Bangserver.com or its subsidiaries, such
disputes will be handled by an arbitrator of Bangserver.com's
choice. All decisions rendered by that arbitrator will be binding
and final. You are also responsible for any and all costs related to
such arbitration. 15.) Disclaimer
Bangserver.com shall not be
responsible for any damages your business may suffer. Bangserver.com
makes no warranties of any kind, expressed or implied for services
we provide. Bangserver.com 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 Bangserver.com and its
employees.
15.) Disclosure to law enforcement.
Bangserver.com may disclose any subscriber information to law
enforcement agencies without further consent or notification to the
subscriber upon lawful request from such agencies. We will cooperate
fully with law enforcement agencies.
16.) Changes to
the TOS
Bangserver.com reserves the right to revise its
policies at any time without notice.
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1. Our Commitment To Privacy
This privacy statement governs the collection, use, and
dissemination of personal data from visitors to the Bangserver.com
web site. All aspects of the presence are subject to these
provisions with the exception of Bangserver.com affiliate
advertisements and any other references beyond the Bangserver.com
domain which may not necessarily indicate endorsement, in part or
whole, by Bangserver.com of the referred sites practices.
Throughout this policy, the terms "we" and "us" refer to
Bangserver.com. |
2. The Information We Collect
Bangserver.com may ask for personal information such as a
visitors name, address, age, etc. in conjunction with a transaction
on our web site either as requested by the visitor (e.g., account
signup) or as requested by Bangserver.com (e.g., a survey). Under
any circumstance the visitor --- at his or her sole discretion ---
has the opportunity to choose not to provide the information for
which they are prompted. By declining such a request, a visitor
understands that his or her access to subscription-based services
may be compromised.
WE DO NOT
COLLECT Credit/Debit Card Information |
3. The Way We Use Information
We use the information you provide about yourself when placing an
order only to complete that order. We do not share this information
with outside parties except to the extent necessary to complete that
order.
We use return email addresses to answer the email we receive.
Such addresses are not used for any other purpose and are not shared
with outside parties.
You can register with our website if
you would like to receive our newsletter as well as updates on our
new products and services. Information you submit on our website
will not be used for this purpose unless you fill out the
registration form.
We use non-identifying and aggregate
information to better design our website and to share with
advertisers. For example, we may tell an advertiser that X number of
individuals visited a certain area on our website, or that Y number
of men and Z number of women filled out our registration form, but
we would not disclose anything that could be used to identify those
individuals.
Finally, we never use or share the personally
identifiable information provided to us online in ways unrelated to
the ones described above without also providing you an opportunity
to opt-out or otherwise prohibit such unrelated uses. |
4. Cookies
As part of
our effort to improve service at Bangserver.com, we periodically
post and retrieve small amounts of cookie data (a few bytes in size)
on our visitors computers. This information is accessed solely to
examine service popularity and visitor access patterns within
Bangserver.com.; these cookies are neither set nor accessed outside
the Bangserver.com Internet identity by Bangserver.com or its
affiliates.
However, please note that our affiliates (who we
allow to place ads on certain parts of our web site) may set and
access a cookie during a users visit with us. These cookies are
subject to the affiliates respective privacy policies which are
therefore not subject to the terms outlined herein. |
5. Third Party Cookies
In the course of serving advertisements to this site, our
third-party advertiser may place or recognize a unique "cookie" on
your browser. |
6. Our Commitment To Data Security
To prevent unauthorized access, maintain data accuracy, and ensure
the correct use of information, we have put in place appropriate
physical, electronic, and managerial procedures to safeguard and
secure the information we collect online. |
7. Our Commitment To Children's Privacy
[COPPA]
In compliance with the
Children's Online Privacy Protection Act (COPPA), we do not
knowingly collect any personal information from any child under the
age of 13. We do not vend our services directly to persons under the
age of 13. Younger aspiring Webmasters should have a responsible
adult involved in their internet activities. |
8. How You Can Access Or Correct Your
Information
You can access all your personally identifiable information that
we collect online and maintain by
calling us or sending us an email.
We use this procedure to better safeguard your information
You can correct factual errors in your personally identifiable
information by sending us a request that credibly shows error.
To protect your privacy and security, we will also take reasonable
steps to verify your identity before granting access or making
corrections. |
9. How To Contact Us
Should you have other questions or concerns about these privacy
policies, please
contact us |
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