Terms of Service Content Guidelines: All services must be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is strictly prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold us harmless from any claims resulting from the use of the service which damages the subscriber or any other party. Pornography and sex-related merchandising are prohibited on all 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. In addition any site selling or promoting Bulk email services is not allowed. Examples of non-acceptable content or links: -Pirated software -Hackers programs or archives -Warez Sites -Irc Bots -Copyrighted Mp3, File Storage, Download sites -Sub-hosting - any domain housing additional users without first clearing it with us. -Distribution points -Any site whose primary purpose is file distribution -Shareware, sound, video, image and multimedia archives Traffic Guidelines Each plan is designed with an ample amount of Data Transfer Allowance. A site with 6 Gigabytes of transfers per month averages around 200 megs of transfers per day. That works out to about a quarter of a million page views per day assuming you are running a normal web site and serving normal duty pages with some graphics but without any file downloads. We believe this is sufficient for most purposes. Any site going over the allowed amount of data transfer will be charged additional based on your monthly plan. If you are consistently going over your limit you should contact BS360 for an upgrade to a different plan. Unlimited Plans We do not meter the usage of bandwidth of accounts that have unlimited bandwidth. Does that mean you have free reign of the server your account is on? No, it does not. Sites that use high resources like cgi, perl, PHP, MySQL, bandwidth etc... may fall under our "High Resource Policy" and then; therefore, would be subject to a verbal warning. There are certain restrictions that you need to be aware of before you sign up for an unlimited plan. We created these plans so that your business or personal website can grow without fear of overrunning your bandwidth or storage space. This way you can concentrate on more important things. As long as you don't abuse your privileges as an unlimited customer, we will not monitor your usage. Here are our guidelines, which are just plain common sense. There are certain content that we do not allow on unlimited plans. This includes: -File Storage sites -Resold websites -Sub Hosting -Mailing lists -Chat Rooms -Banner rotation -MP3, AVI, MPEG storage, archiving -Image galleries that take over 20% total space -ZIP file archives, or other program/file distribution
High Resource Policy Any site that is deemed as impairing the performance of our servers either by high disk utilization, high bandwidth usage, or high CPU usage will be entered into our "High Resource Customer" program. High Resource sites are sites that use an excessive amount of system resources such as bandwidth, Storage or CPU utilization. It is at BS360’s sole discretion to decide which sites are "High Resource" sites. Sites that have been deemed as a "High Resource" site will be subject to the following: - Verbal and/or email warning. - Deactivation of account if action is not taken in ample amount of time. - Bandwidth charges of $10/GB over the set amount allowed per account.
CGI Scripts Each account comes with its own cgi-bin. You are free to use any CGI scripts you wish, however we reserve the right to disable any CGI script that effects normal server operation. Chat Rooms We do not allow clients to install their own chat rooms. These tend to be large system hogs and we cannot allow it as an account option. We do provide a choice of Java chat rooms for a small extra charge that will more than fill your needs and run without hindering the performance of the machine for others. You are limited to one chat room on your domain. Background Running Programs Currently we do not allow programs to run continually in the background. These are considered on a one to one basis and an extra charge will be incurred based on system resources used and operational maintenance needed. IRC We currently do not allow IRC or IRC bots to be operated on our servers. Commercial Advertising - Email Our servers may not be the source, intermediary, or destination address involved in the transmission of Spam, flames, or mail bombs. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. We consider Spam any mass unsolicited message in the mediums of Newsgroups and Email. If you are found to have spammed, then we will immediately, without warning, disable your domain. We reserve the right to remove any mailing scripts found on the server that may or may cause harm or spam related abuse without notice to you. As such, any violation will result in immediate deactivation of services without refund. In addition, we will impose a $500 penalty for each spam policy violation. We reserve the right to refuse or cancel service to known spammers. Lastly, we reserve the right to determine what violates this policy. Server Abuse Attempting to access the shell or any web site without explicit authorization from the system operator or owner of the site is strictly prohibited. Any attempts to undermine or cause harm to a server will result in immediate deactivation of services without refund as well as possible criminal charges being brought forward. Refusal of Service We reserve the right to refuse or cancel service at our sole discretion. Payment Policies All accounts are set up within 2 business day upon receipt of full payment. Payment is due 30 days prior to the end of each anniversary period following the date the account was established. The customer is responsible for all money owed on the account from the time it was established to the time it is terminated. Requests for terminations must be submitted to BS360 via e-mail and in writing by US mail at least 7 days prior to termination date. Check or money order orders will be set up within 2 business days upon receipt of payment. E-Mail notification will be sent if payment is not received by due date. Checks returned unpaid (NSF) will be billed a $35.00 service charge. Past due accounts that are not brought current within 2 days of the e-mail notice are subject to suspension and possible account termination. All payments must be in U.S. currency. For a currency conversion chart please go here. Cancellation BS360 reserves the right to cancel service at any time. All fees paid in advance of cancellation will be pro-rated and paid by BS360 if and only if BS360 institutes its right of cancellation. If cancellation is caused by customer’s violation of these policies, then no refund will be disbursed. Customers can cancel service any time by giving us advance notice and will be refunded any amount exceeding the pre-payment of the current month. Due to security concerns, all account cancellations must be done via e-mail followed by writing via Certified US mail with a valid signature of the primary contact of the account, account name, reason for cancellation, and last 4 digits of credit card on file. If payment was made by check or bank transfer, the zip/postal code of the primary contact must also be included. Refunds will be made by electronic payment thru PayPal within 30 days of receipt of cancellation or credit card return. The account will be closed within 24 hours after verification & authentication of the closure request. Indemnification Customer agrees that it shall defend, indemnify, save and hold BS360 harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against BS360 , 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, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless BS360 against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with BS360 server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement. Disclaimer BS360 will not be responsible for any damages your business may suffer. BS360 makes no warranties of any kind, expressed or implied for services we provide. BS360 disclaims any warranty or merchantability or fitness for particular purpose. This includes loss of data resulting from acts of war, fire, earthquakes, terrorism, acts of god, floods, vandalism, network outages, viruses, hacking, mechanical failure, loss of power, and loss of data due to uncontrolled reasons, delays, non-deliveries, wrong delivery, and any and all service interruptions caused by BS360 and its employees. BS360 reserves the right to revise its policies at any time without prior notification. If any of the conditions in these Terms of Service is violated or failed to be followed it will result in grounds for immediate account deactivation without refund. Copyright 2009 Business Solutions 360. All Rights Reserved.
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