 BMHost.com reserves the right
to change this Policy any time, so please, check this page at least once a month
or when in doubt.
BMHost.com 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 BMHost.com 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 BMHost.com due to restrictions violation, there will be no refund. BMHost.com
will only allow for the discount if cancellation is not the fault of the client,
as determined by BMHost.com. All monetary transactions are in $US dollars. Additional
features can be added at any time. Monthly feature prices are not prorated. BMHost.com
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 support BMHost.com
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 Clients Responsibility
to secure email confirmation from BMHost.com 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 BMHost.com services and facilities at your own risk. BMHost.com
specifically disclaims all warranties of merchantability and fitness for a particular
purpose. In no event shall BMHost.com 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
BMHost.com harmless from any and all demands, liabilities, losses, costs and claims,
including reasonable attorney’s fees asserted against BMHost.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, it’s agents,
employees or assigns. Customer agrees to defend, indemnify and hold harmless BMHost.com
against liabilities arising out of:
(1) any injury to person or property caused by any products sold or otherwise
distributed in connection with BMHost.com'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 BMHost.com’s server.
BMHost.com shall be the sole judge of what violates this Policy.
SPAM Policy:
BMHost.com 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 BMHost.com network, by customers or any other users of the BMHost.com network
(including customers' customers); AND/OR over ANY network— if the message sent advertises
or mentions a site hosted on the BMHost.com 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 (a.k.a. "spam"), cross-posting messages
to a large number of usenet groups, posting obscene or threatening messages while
using or referring to an BMHost.com email address or web site URL is prohibited.
The use of BMHost.com 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 abuse BMHost.com
Content Policy:
All services provided by BMHost.com 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 BMHost.com 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 BMHost.com servers.
This includes sites that may infer sexual content, or links to adult content
elsewhere. BMHost.com 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 BMHost.com servers or any other server on the internet.
Links to such materials are also prohibited.
Examples of unacceptable content or links:
- Pirated software
- Hacker programs or archives
- Warez sites
BMHost.com 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.
BMHost.com will be the sole arbiter as to what constitutes a violation of this
provision.
Email Policy:
BMHost.com 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 25 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 BMHost.com 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), YaBB(SE) Yet Another Bulletin Board
Chat Policy:
BMHost.com does not allow chat rooms. You can however link your site to a chat provider.
Some examples of chat providers are: www.humanclick.com, www.liveperson.com, and
www.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 BMHost.com.
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 BMHost.com
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:
BMHost.com allows for very generous traffic, and most sites never exceed 500MB per
month, unless they offer shareware, sound, video, image and multimedia archives,
are mirror sites or any site whose primary purpose is file distribution. BMHost.com
customers are discouraged from storing any files that cause excessive traffic on
BMHost.com servers. Please contact BMHost.com 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 BMHost.com 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 $2.00 for each gig 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.
Backups:
Full backups are made weekly, and backups of new/changed data made nightly onto
scond 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 BMHost.com, 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, BMHost.com will attempt to recover the data from the most
recent archive for a $50.00 fee.
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