1.1 The following Terms of Service (TOS or Agreement) apply to all services provided by BangServer to you. By purchasing services from us you agree to these terms of service.
1.2 These terms apply to all Services provided by BangServer to you during the Term. Certain provisions of this TOS may not apply to you based on your Order.
1.3 These terms together with any Order(s) represent the entire agreement relating to the Services and supersede any agreements previously entered into between you and BangServer.
1.4 BangServer may alter this TOS at any time without notification to you. However, the current TOS is always available on BangServer’s website. Your sole remedy in the event that you do not agree to those amendments is to provide us with written notice of termination as described in paragraph 6 within 10 business days of the date of the amendment.
2. General terms & Conditions.
2.1 You will conform to the standards and acceptable use policies of BangServer, as set out in our Acceptable Use Policy.
2.2 You are responsible for obtaining any licenses or permissions from public authorities that are required to upload the contents of your site or the web activity undertaken by you.
2.3 You will receive a password to be used when you log into your User Area and/or server. You are solely responsible for all passwords, and you shall keep all passwords confidential and take security measures to prevent any unauthorized person from gaining access to your passwords.
2.4 BangServer Service Level Agreement (SLA) sets out the hosting performance you can expect from us. The SLA is your sole and exclusive remedy for our failure to provide the Services to you.
2.5 If necessary, we will provide an IP address to you. We retain ownership of this IP address. It may only be used by you while using the Services, and may not be transferred. Upon Termination of this TOS, or a particular Service, your right to use an IP address will end. IP addresses are recycled.
3. Compliance with the Law.
3.1 You shall not post, transmit, re-transmit or store material on or through any of Services or Products which, in the sole judgment of BangServer (i) is in violation of any local, state, federal or non-United States law or regulation, (ii) is threatening, obscene, indecent, defamatory or that otherwise could adversely affect any individual, group or entity (collectively, “Persons”) or (iii) violates the rights of any person, including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations including, but not limited to, the installation or distribution of “pirated” or other software products that are not appropriately licensed for use by you. You agree to indemnify and hold harmless BangServer from any claims resulting from the use of the services which damages your or any other party. You shall be responsible for determining what laws or regulations are applicable to your use of the Services and Products.
4. Prohibited Uses of Services and Products.
4.1 In addition to the other requirements of these Terms of Service, you may only use the Services and Products in a manner that, in BangServer sole judgment, is consistent with the purposes of such Services and Products. If you are unsure of whether any contemplated use or action is permitted, please contact BangServer by submitting a support ticket.
5. Account Setup / Email on file.
5.1 We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under and not from a free email provider such as hotmail, gmail etc. 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 VPS server purchases or high risk transactions, it may be necessary to provide government issued identification. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied.
6. Migrations & Transfers.
6.1 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.
6.2 We will only migrate or transfer your old account to us from a cPanel server.
7. Payments & Fees.
7.1 You agree to supply appropriate payment for the services received from BangServer, in advance of the time period during which such services are provided. You agree that until and unless you notify BangServer of your desire to cancel any or all services received, those services will be billed on a recurring basis.
7.2 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.
7.3 There is a 5 day grace period on Premium Web Hosting accounts. There is a 2 day grace period on VPS and Dedicated Servers.
7.4 Any Premium Web Hosting accounts 5 days overdue will be automatically suspended. Any VPS or Dedicated Server account 2 days overdue will be automatically suspended unless you have contacted us via support ticket outlining your problem and with an acceptable remedy.
7.5 Accounts will not be un-suspended unless the account balance is paid in full.
7.6 Premium Web Hosting accounts suspended for more than 7 days will be removed from the server.(12 days from billing due date).
7.7 There will be a $10 (USD) per domain restore fee if the account has been deleted from the server. (No guarantee that accounts will be available after they are removed)
8. Cancellations and Refunds.
8.1 BangServer reserves the right to cancel the account at any time with or without notice.
8.2 Any abuse of our staff in any medium or format will result in the suspension or termination of your services.
8.3 Customers may cancel at any time by submitting a ticket to the billing department. BangServer gives you an unconditional 30 day money back guarantee on Premium Web Hosting, VPS Servers and Dedicated Servers. There are no refunds on set up fees, administrative fees, install fees for custom software, hosting add-ons, vps addons, dedicated addons or domain name purchases.
8.4 Only first-time accounts are eligible for our unconditional 30 day money back guarantee. For example, if you’ve had an account with us before, cancelled and signed up again, you will not be eligible or if you have opened a second account with us.
8.5 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.
8.6 Violations of the Terms of Service will waive the unconditional 30 day money back guarantee.
8.7 Cancellations must be done by logging into your account and submitting a ticket to our billing department.
9. Backups and Data Loss.
9.1 Your use of the service is at your sole risk. BangServer 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 servers.
9.2 On Premium Web Hosting accounts we make backups on a daily and weekly basis that are stored offsite however you must still make and keep your own backups, we recommend at least once a week or more if you have a database that is updated daily. Things can and do go wrong that is why it is imperative that YOU create and keep regular backupsin the event of a disaster.
9.3 In the case of VPS and Dedicated servers you need to configure your backups before they will work or submit a support ticket asking for the backups to be configured by a server technician. BangServer assumes no responsibilty in your failure to do this resulting in loss of data.
10. IP Address Ownership.
10.1 If BangServer assigns Customer an Internet Protocol address for Customer’s use, the right to use that Internet Protocol address shall belong only to BangServer, and Customer shall have no right to use that Internet Protocol address except as permitted by BangServer in its sole discretion in connection with the Services, during the term of this Agreement.
10.2 BangServer shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by BangServer, and BangServer reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion.
10.3 Our allocation of IP addresses is limited by ARIN’s new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting.
11. Zero Tolerance Spam Policy.
11.1 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. Please read http://bangserver.com/mail-policy.php for our generalized mail policy.
11.2 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.
11.3 BangServer 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.
11.4 BangServer 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.
12. VPS & Dedicated Bulk Commercial E-Mail
12.1 You must obtain BangServer’s advance approval for any bulk commercial e-mail, which will not be given unless you are able to demonstrate all of the following to BangServer’s reasonable satisfaction:
- Your intended recipients have given their consent to receive e-mail via some affirmative means, such as an opt-in procedure;
- Your procedures for soliciting consent include reasonable means to ensure that the person giving consent is the owner of the e-mail address for which the consent is given;
- You retain evidence of the recipient’s consent in a form that may be promptly produced on request, and you honor recipient’s and BangServer’s requests to produce consent evidence within 72 hours of receipt of the request.
- The body of the e-mail must describe how the e-mail address was obtained, for example, “You opted in to receive this e-mail promotion from our Web site or from one of our partner sites,” and information on how to request evidence of the consent, for example, “If you would like to learn more about how we received your e-mail address please contact us at abuse@YOURDOMAIN”
- You have procedures in place that allow a recipient to easily revoke their consent such as a link in the body of the e-mail, or instructions to reply with the word ‘Remove’ in the subject line. Revocations of consent are honored within 72 hours, and you notify recipients that their revocation of their consent will be honored in 72 hours;
- You must post an ‘abuse@YOURDOMAIN’ e-mail address on the first page of any Web site associated with the e-mail, you must register that address at abuse.net, and you must promptly respond to messages sent to that address;
- You have the means to track anonymous complaints;
- You may not obscure the source of your e-mail in any manner. Your e-mail must include the recipients e-mail address in the body of the message or in the “TO” line of the e-mail; and
- You otherwise comply with the CAN SPAM Act and other applicable law.
12.2 These policies apply to messages sent using
your BangServer service, or to messages sent from any network by you or
any person on your behalf that directly or indirectly refer the
recipient to a site hosted via your BangServer service. In addition, you
may not use a third party e-mail service that does not practice similar
procedures for all its customers.
12.3 You must comply with the rules of any other network you access or participate in using your BangServer services.
12.4 BangServer may test and otherwise monitor your compliance with its requirements, including requesting opt-in information from a random sample of your list at any time.
13.1 All services provided by BangServer may only be used for lawful purposes. The laws of the State of North Carolina (Our Datacenter location), the State of New York, and the United States of America apply.
13.2 The customer agrees to indemnify and hold harmless BangServer from any claims resulting from the use of our services.
13.3 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.
13.4 Examples of unacceptable material on all Premium Web Hosting & Premium Reseller 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 VPS or Dedicated server!
13.5 Examples of unacceptable material on all Premium Web Hosting & Premium Reseller accounts include:
- IRC Scripts/Bots
- Proxy Scripts/Anonymizers
- Pirated Software/Warez
- Image Hosting Scripts (similar to Photobucket or Tinypic)
- AutoSurf/PTC/PTS/PPC sites
- IP Scanners
- Bruteforce Programs/Scripts/Applications
- Mail Bombers/Spam Scripts
- Banner-Ad services (commercial banner ad rotation)
- File Dump/Mirror Scripts (similar to rapidshare)
- Commercial Audio Streaming (more than one or two streams)
- Escrow/Bank Debentures
- High-Yield Interest Programs (HYIP) or Related Sites
- Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
- Sale of any controlled substance without prior proof of appropriate permit(s)
- Prime Banks Programs
- Lottery Sites
- Hateful/Racist/Harassment oriented sites
- Hacker focused sites/archives/programs
- Sites promoting illegal activities
- Forums and/or websites that distribute or link to warez/pirated/illegal content
- Bank Debentures/Bank Debenture Trading Programs
- Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
- Mailer Pro
The following are accepted on VPS Servers only:
Proxy Scripts / Anonymizers, Image Hosting sites and muds / rpg’s
13.6 BangServer 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.
13.6.2 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 reserves the right to make this determination, in its sole and absolute discretion;
13.6.3 BangServer’s bandwidth policy is to provide BangServer’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.
13.6.4 The storage and distribution of audio/video format files over 500 MB in size (each) via BangServer network is prohibited.
BangServer 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’s view are detrimental to
the enjoyment of BangServer services by BangServer’s other clients, or
are in the sole and final judgment of BangServer, 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.
13.8 BangServer may take whatever steps necessary to provide its services, and to provide for the enjoyment of such services by all of BangServer 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 unlimited storage or traffic plan in any other way, will, at the discretion of BangServer , have their sites canceled and/or removed from the servers and have service charges assessed at the discretion of BangServer .
13.9 BangServer 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 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.
13.10 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.
13.11 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.
13.12 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.
13.13 Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita):
13.14 Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.
13.15 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.
13.16 Direct customers: Your services will be terminated with or without notice.
13.17 Violations will be reported to the appropriate law enforcement agency.
13.18 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.
14. Resource Usage.
14.1 User may not:
14.1.1 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.
14.1.2 Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
14.1.3 Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
14.1.4 Run any software that interfaces with an IRC (Internet Relay Chat) network.
14.1.5 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.
14.1.6 Participate in any file-sharing/peer-to-peer activities
14.1.7 Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
14.1.8 Run cron entries with intervals of less than 15 minutes
14.2 When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include(“http://yourdomain/include.php”) use include(“include.php”)
15.1 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.
15.2 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.
16. Bandwidth Usage.
16.1 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.
17. Money back Guarantee.
17.1 Please see our 30 Day Money Back Guarantee.
18. Premium Reseller Hosting: Client Responsibility.
18.1 Resellers are responsible for supporting their clients. BangServer 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 will hold any reseller responsible for any of their clients actions that violate the law or the terms of service.
19. Premium Web Hosting Accounts
19.1 Premium Web Hosting accounts may not resell web hosting to other people, if you wish to resell hosting you must use a reseller account.
20. VPS Servers.
20.1 BangServer reserves the right to reset the password on a VPS 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 VPS server on file to prevent downtime from forced password resets. BangServer reserves the right to audit servers as needed and to perform administrative actions at the request of our datacenter. VPS servers are NOT enabled to backup until you contact us to have this feature enabled. It is the responsibility of the client to maintain backups (these can be configured from within your control panel, contact us for backup details). It is your responsibility to maintain backups.
21. Dedicated Servers.
21.1 BangServer 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 reserves the right to audit servers as needed and to perform administrative actions at the request of our datacenter. Dedicated servers are NOT enabled to backup until you contact us to have this feature enabled. It is the responsibility of the client to maintain backups (these can be configured from within your control panel, contact us for backup details). It is your responsibility to maintain backups.
22. System and Network Security.
22.1 Users are prohibited from violating or attempting to violate the security of the BangServer Network. Violations of system or network security may result in civil or criminal liability. BangServer 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. These violations include, without limitation:
22.1.1 Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
22.1.2 Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
22.1.3 Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing”.
22.1.4 Forging any TCP/IP packet header or any part of the header information in any e-mail or forum posting.
22.1.5 Taking any action in order to obtain services to which such User is not entitled.
23. Price Change.
23.1 The amount you pay for hosting will never increase from the date of purchase. We reserve the right to change prices listed on BangServer, and the right to increase the amount of resources given to plans at any time.
24.1 Customer agrees that it shall defend, indemnify, save and hold BangServer harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against BangServer, 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 against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with BangServer; (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’s server.
25.1 By using any BangServer services, you agree to binding arbitration. If any disputes or claims arise against BangServer or its subsidiaries, such disputes will be handled by an arbitrator of BangServer’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.
26.1 BangServer shall not be responsible for any damages your business may suffer. BangServer makes no warranties of any kind, expressed or implied for services we provide. BangServer 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 and its employees.
27. Disclosure to law enforcement.
27.1 BangServer 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.
28. Changes to the TOS
28.1 BangServer reserves the right to revise its policies at any time without notice.