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TERMS OF SERVICE
 


Last Update: 1th of June 2007 13:07 GMT


  1. Use of Services.

    1. The CUSTOMER agrees that this TOS (Terms of Service) will be considered a CONTRACT between BYOHosting.com and the CUSTOMER and  to use the services provided by BYOHosting.com as permitted by applicable local, provincial, state, and federal laws. The CUSTOMER agrees, therefore, not to use these services to conduct any business or activity or solicit the performance of any activity that is prohibited by law, libelous, or against any BYOHosting.com policy.

    2. The CUSTOMER agrees to maintain a secure password to the account. Secure passwords are those that are between 6 and 8 characters long, contain upper and lower case letters, and numbers or other characters, and can not be found in direct or reverse order in a dictionary, without regard to the language of the dictionary. The CUSTOMER is solely responsible for changing its password as required to assure secure access to its account.

    3. BYOHosting.com reserves the right to refuse service to any new or existing customers and refund the remaining balance on the account, if any. The refusal is solely based on the violation of TOS none of the account is refused for bandwidth or disk space usage

    4. The CUSTOMER is solely responsible for any legal liability arising out of, or relating to, his/her web site at BYOHosting.com. The ACCOUNT HOLDER represents and warrants to BYOHosting.com that it holds the necessary rights to permit the use of any of the items on his/her web site, and, that the use, reproduction, distribution, transmission or display of any data to the public, and any material to which the public can link through, or any products of services made available to the public through his/her web site, will not -


      1. violate or potentially violate any criminal laws or any rights of any third parties, including, but not limited to, such violations as infringement or misappropriation of any copyright, patent, trademark, trade secret, music, image, or other proprietary or property right, false advertising, unfair competition, defamation, business or personal dispute or argument, invasion of privacy or rights of celebrity, violation of any anti discrimination law or regulation, or any other right of any person or entity, or any personal or business argument or dispute; or

      2. contain any material that is: unlawful, harmful, fraudulent, libelous, slanderous, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically, disputatiously, argumentatively or otherwise objectionable, including, without limitation, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, provincial, state, national or international law. CUSTOMER agrees to indemnify and to hold BYOHosting.com, and any third party entities related to BYOHosting.com, harmless from and against any and all liability, loss, damages, claims, or causes of action, including reasonable legal fees and expenses arising out of or related to:


        1. The CUSTOMER's breach of any of the forgoing representations and warranties, or
        2. any other third party claim with respect thereto.



    5. The CUSTOMER understands and agrees that hosting of the CUSTOMER's web site is at the sole discretion of BYOHosting.com. BYOHosting.com may at its sole discretion discontinue web site hosting service to any CUSTOMER operating a web site that BYOHosting.com deems to be in violation of Section (1d.) of these Terms and Conditions.

    6. BYOHosting.com accounts cannot be transferred or used by anyone other than the subscriber. CUSTOMERS may not sell, lease, rent or assign the connection or parts of the connection to any party not named in this agreement, unless the CUSTOMER has entered into a Reseller Agreement with BYOHosting.com.

    7. CUSTOMER understands that all mail held on our servers that is greater than or equal to 30 days of age will periodically permanently removed from the server. This mail cannot be retrieved after removal.

    8. Use of other organizations' networks or computing resources is subject to their respective permission and usage policy.

    9. CUSTOMER will endeavour to prevent viruses from corrupting BYOHosting.com systems. BYOHosting.com may run anti-virus programs to minimize damages.

    10. CUSTOMER is solely responsible for all backups of web site content, databases, mail and all items related to the functionality of the CUSTOMER web site.

    11. CUSTOMER acknowledges that any recommendation by BYOHosting.com employees for services or products aucilliary to BYOHosting.com's services are the recommendations of that employee and not of BYOHosting.com. BYOHosting.com does not warrant the integrity or quality of the service or product provided by such third parties.

    12. BYOHosting.com reserves the right to place BYOHosting.com logo's, trademarks, copyrights, service marks, advertising, third-party advertising on ANY, and ALL, BYOHosting.com, BYOHosting.com licensed or third-party licensed BYOHosting.com services, web sites and software including, but not limited to, http://www.byo.ro/ web site and affiliated web sites, support services, reseller services, whois, email, control panels (e.g. HELM, cPanel, Plesk) and web based email clients (e.g. Imail, MailEnable, SmarterMail, etc.).



  2. Abuse of Services.


    1. Any use of BYOHosting.com system resources that disrupts the normal use of the system for other BYOHosting.com customers is considered to be abuse of system resources and is grounds for administrative intervention. Some examples of system abuse include, but are not limited to, spawning dozens of processes, consuming excessive amounts of memory or CPU for long periods of time, spamming or mass emailing using internal or external mail and/or news servers. Without limiting the scope of the above, BYOHosting.com forbids the storage of illegal/pirated software (warez), the use of any type of IRC bot and/or proxy (including, but not limited to, bnc and eggdrop), the storage and use of any type of software intended for hacking/cracking purposes and the storage or sale of bulk e-mail lists intended for spamming or resale purposes, mp3, avi, music, movies etc., search engines. Only Multimedia accounts are allowed to host such files (mp3, avi, music, movies etc.) with no restrictions or content control.

    2. Depending on the nature and the severity of the abuse, the user may receive an E-mail warning or have his/her account suspended by BYOHosting.com Technical Support. If the misuse is unintentional, the suspension may be rescinded following discussion with BYOHosting.com Technical Support. If the misuse is intentional, the suspension may be rescinded at the discretion of the Operations Manager, and may require the payment of a service re connection charge. Occasionally, unintentional misuse is misclassified as intentional misuse. Customers who believe their activity has been misclassified may appeal to the Operations Manager. However, spamming activities will result in immediate termination of services to CUSTOMER.

    3. Unethical and criminal offenses are violations of BYOHosting.com conditions of use. You are expected to report to BYOHosting.com any information you may have concerning instances in which the conditions of use have been or are being violated. When BYOHosting.com becomes aware of possible violations, we will initiate an investigation. At the same time, in order to prevent further possible unauthorized activity, BYOHosting.com may suspend access to services to the individual account in question. Confirmation of violations may result in cancellation of the individual account and/or criminal prosecution. The account suspension may be rescinded at the discretion of the Operations Manager, following payment of a re connection charge $50US.



  3. Abusive Conduct.


    1. Any abuse towards any BYOHosting.com employee will not be tolerated. You are expected to request and respond to support and other issues in a professional manner. When corresponding with BYOHosting.com refrain from using caps, exclamation points, and other forms of written yelling. Any cursing, yelling, or further intentional disruptive behavior aimed at BYOHosting.com or it's employees or posting of untrue/false remarks on forums, site comments aimed to our company, websites, employees shall be considered a violation of this TOS.

    2. Any threat, whether verbally, orally, written, or delivered by second parties directed towards BYOHosting.com or any of it's employees, partners, equipment, and concerns shall be construed as a violation of this TOS.

    3. Any conduct viewed as violating this section shall be considered a violation of this TOS. BYOHosting.com will be the sole arbitrator in regards to what is deemed a violation.



  4. Refund Policy


    1. Certain products and services provide by BYOHosting.com include a money back guarantee of 30 days. These products include but are not limited to web hosting, email services, back-up mail services and also software products for sale where identified in the product sales description.

    2. During the 30 day money back period you are entitled to a complete refund of all fees paid with the exclusion of domain name registration, data transfer fees and work performed by engineers on your equipment, instalation fees, payment processing taxes, technical support, customer software work performed by our programmers. Also BYOAdsense websites are NOT Refundable by any means. It may be necessary to withhold a percentage of the refund if your account has used excessive resources.

    3. Where the payment has been made by credit or debit card, any refund will only be issued to the same credit or debit card.


    4. You will not be entitled to a refund if you have previously used the same or similiar service with BYOHosting.com in the last 12 months.

    5. Refunds are to be requested by either using the "Contact Us" link on the relevant site or by emailing This e-mail address is being protected from spam bots, you need JavaScript enabled to view it . You must provide details of your original transaction including invoice/reciept number and account number wherever possible to aid in processing the refund. Reasons for the refund will also be requested to allow us to better improve our service and monitor refund requests.

    6. No refunds shall be given when the contents of this section necessitates removal of the account.


 
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