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Terms of services
Whether you're an online entrepreneur or a fortune enterprise... At bmhost.com, we provide top quality shared, reseller hosting and cloud services in OS/CloudLinux environment with awesome prices since 2006.

TERMS OF SERVICES

E Commerce and Informatics Technologies Company Limited (The Company) reserves the right to change this terms of service any time, so please, check this page at least once a month or when in doubt.

The Company strives to provide the best possible service to all our customers, but we will not tolerate any unlawful activity or abuse on our servers. We respect freedom of speech and expression unless it is harmful to others.

These brief guidelines are imposed to protect you, other The Company customers and us against such harm.

Payment policies, fees, refunds and terms of agreement

Full payment is required before any hosting service is rendered, which includes renewals. All payment due notices will be sent by electronic mail. No bills or invoices will be sent by postal mail or fax. Prepayment is due each anniversary (one month, three month, six month, one year, two years) following the date the account was established. Billing will continue until you cancel your hosting account. You may cancel at anytime. As a policy, we do not offer credits or refunds for hosting time already expended.

We do give refunds for full months unused, should you want to cancel prepaid service. If you decide to cancel after prepayment, you will not receive a refund for the current month in use (we do not give partial months refunds). If you have prepaid and received a multi-month discount, upon cancellation we will figure the refund retroactively withdrawing the discount back to the start date of the contract. This will result in paying full undiscounted price for the months used and refunding the balance. This only applies to cancellation by the client. If cancellation is done by The Company due to restrictions violation, there will be no refund. The Company will only allow for the discount if cancellation is not the fault of the client, as determined by The Company. All monetary transactions are in US dollars. Additional features can be added at any time. Monthly feature prices are not prorated. The Company reserves the right to change prices at any time.

Account Cancellation

You may cancel at anytime. Phone requests will not constitute acceptance of any cancellation. To cancel your account, please contact customer service at info(at)The Company. Notification of cancellation must be received at least five business days prior to your cycle date, with the cycle date being the day of the month you sign up, in order to avoid charges in full for the next cycle. It is the client's responsibility to secure email confirmation from The Company that account has been cancelled. If the client has not yet received email confirmation of account cancellation, then the account remains active, and you will continue to be invoiced.

If client has a balance due at the time of cancellation, this balance must be paid in full. Cancellation does not absolve client of any outstanding financial obligations.

Indemnification policy

You agree to use all The Company services and facilities at your own risk. The Company specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall The Company be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold The Company harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against The Company, 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 The Company against liabilities arising out of:

(1) any injury to person or property caused by any products sold or otherwise distributed in connection with The Company's server;
(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 customer from The Company's server.

The Company shall be the sole judge of what violates this policy.

Spam policy

The Company is committed to a zero-tolerance, anti spamming policy. Under this policy, we prohibit spam, or any unsolicited commercial email, from being sent either: Over the The Company network, by customers or any other users of the The Company network (including customers' customers); and/or over any network if the message sent advertises or mentions a site hosted on the The Company server.

We react quickly and seriously to violations, and we further reserve the right to terminate the services, without prior notice, of any customer disregarding this policy. Sending unsolicited commercial email, cross-posting messages to a large number of usenet groups, posting obscene or threatening messages while using or referring to an The Company email address or web site url is prohibited. The use of The Company servers as a mail drop for responses to activities described above is also prohibited. Accounts canceled due to spam will be billed a 'clean up' fee of $500.

If you have any complaints or comments regarding spam on our network, please direct them via email to info(at)The Company

Content policy

All services provided by The Company may 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 prohibited. This includes, but is not limited to: copyrighted material, trademark, intellectual property, material we judge to be threatening or obscene, or material protected by trade secret and other statute without proper authorization. The subscriber agrees to indemnify and hold harmless The Company from any claims resulting from the use of the service which damages the subscriber or any other party.

Pornography and sex-related merchandising is prohibited on all The Company servers. This includes sites that may infer sexual content, or links to adult content elsewhere. The Company will be the sole arbiter in determining violations of this provision.

Also prohibited are sites that promote any illegal activity or present content that may be damaging to The Company servers or any other server on the internet. Links to such materials are also prohibited.

Examples of unacceptable content or links:

(1) Pirated software
(2) Hacker programs or archives
(3) Warez sites

The Company does not host sites of its competitors or web pages promoting sites of its competitors.

Any illegal activity, including adult content, links to adult content web sites, spamming or hacking will result in your site being shut down and all your files deleted without warning.

The Company will be the sole arbiter as to what constitutes a violation of this provision.

Email policy

The Company may not be the source, intermediary, or destination address involved in the transmission of any unsolicited email, email bombs, hate email, or any mass email. Your email account may not be referenced as originator, intermediary, or reply-to address of such email. We consider mass email any email message sent to more than 50 email addresses or more than 10 news groups.

CGI scripts and scripts policy

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 or service to other The Company customers. You will be notified in 24 hours about offending cgi script. No chat room or similar scripts allowed. Following scripts and softwares are not allowed: Irc egg drops, the anonymizer, ultimatebbs, ikonboard, nph-proxy, phpshell, any command line interface script, proxy servers, soap mailers, formmail.pl (we have a secure version of the same script for you to use, available from your control panel, do not install your own version), yabbse (yet another bulletin board).

Chat policy

The Company does not allow chat rooms. You can however link your site to a chat provider. Some examples of chat providers are: humanclick.com, liveperson.com, and livehumanhelp.com.

Ssh policy

Ssh can be enabled for any one of your accounts, free of charge as we have always allowed. For security purposes, however, we now require you to email a photo id (driving licence, military card, university card etc.) for the owner of the account in quetion to info(at)The Company. This stands for any account that requires ssh, whether that be an account for one of your clients or your own account.

The person on that card will then accept all responsibility if any damage, malicious or otherwise comes from the privilege of having secure shell access.

In addition, ssh access is now limited to jail shell access. This enables you to run most of the commands that you are familiar with and you are locked down to certain user-owned areas of the server only.

Every client will be subject to this policy, there will be no exceptions. So, if you need shell enabled, send an email to info(at)The Company and include the following:

Account domain
Account username
Reason ssh is required

Attach the photo id with this email. Provided all these are correctly filled in, and the id attached, shell will then be enabled on that account as soon as possible.

Traffic policy

The Company allows for very generous traffic, and most sites never exceed 10 GB per month, unless they offer shareware, sound, video, image and multimedia archives, are mirror sites or any site whose primary purpose is file distribution. The Company customers are discouraged from storing any files that cause excessive traffic on The Company servers. Please contact The Company technical support team for more information. Again, 99% of the sites do not fall into this category and never reach our traffic limits.

We reserve the right to refuse service to anyone for any reason not prohibited by law. Also we reserve the right to terminate service to any customer for any reason not prohibited by law.

Any deliberate attempt to cause damage to The Company or any other internet servers will result in immediate account deactivation without prior notice. No refund is given in this case.

All account plans come with a predetermined amount of traffic allowance. We monitor all accounts and bill for each GB of traffic exceeded. You will not be charged for transfer that you use beyond our generous data transfer limits without prior notification. You can monitor your transfer at anytime in your control panel.

Robots and crawlers policy

Set of mod security rules has been active to filter web crawlers, web (ro)bots that are software applications run automated tasks over the Internet. Typically, (ro)bots perform tasks that are both simple and structurally repetitive, at a much higher rate than would be possible for a human alone. The largest use of (ro)bots is in web spidering, in which an automated script fetches, analyzes and files information from web servers at many times the speed of a human - possibly causing server overload and bandwidth overusage.

List of allowed ro(bots) by default are Googlebot of Google, Msnbot of Microsoft's Bing, Slurp of Yahoo, Yandexbot of Yandex, Iaarchiver of Alexa and some of feed bots ie; Friendfeed. Other web crawlers and ro(bots) will possibly/probably be denied according to their useragent strings and if you would like to allow all web crawlers and ro(bots) to access your web site, please let us know since this feature is not configurable via cpanel, php.ini, htaccess or robots.txt.

ModSecurity is an open source web application firewall. Working embedded in the web server, or standalone as a network appliance, it detects and prevents attacks against web applications and also it allows filtering incoming requests. It has been already active for a long time.

Backups

Incremental or full backups are made daily and weekly onto second hard drive. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. It is the clients' responsibility to maintain local copies of their web content any information. The 'backup manager' is included in each hosting plan and client can use this tool to back up their files. If loss of data occurs due to an error of The Company, we will attempt to recover the date for no charge to the client. If data loss occurs due to negligence of client in securing their account or by an action of the client, The Company will attempt to recover the data from the most recent archive for a $50.00 fee.