BEK Hosting's acceptable use policy. All customers of bekhosting.com agree to be governed by the policies set forth herein.
WHEREAS, BEK Hosting is an information provider connected to the Internet BEK Hosting offers storage and transfer services over the Internet through access to its Web Server;
WHEREAS, Customer seeks to utilize BEK Hosting's server for its own purposes;
WHEREAS, the parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, BEK Hosting can make no guarantee that any given reader shall be able to access BEK Hosting's server at any given time.
BEK Hosting represents that it shall make every good faith effort to ensure that its server is available as widely as possible and with as little service interruption as possible;
NOW THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows:
FINANCIAL ARRANGEMENTS
Customer agrees to a thirty (30) day contract minimum or twelve (12) month contract depending on length of pre-payment, beginning upon commencement of service.
There is a per-plan one time non-refundable setup fee of $24.95 and if the customer wishes to cancel BEK Hosting Web Hosting services within thirty (30) days of the initial signup they shall be able to do so for any reason (aside from disablement for Terms of Service or Spam Policy violations) and have their first month hosting money promptly refunded. Setup fees may be refunded at the sole discretion of BEK Hosting. Setup fees may be waived at the sole discretion of BEK Hosting.
At the end of the contract term, the contract will automatically renew for successive thirty (30) day periods (or twelve (12) month periods, depending on length of pre-payment) indefinitely until canceled in writing. After the first 30-days a canceled account will be canceled before the next payment is due and no more billing will occur nor will any payment be refunded, even for unused portions of that period.
Domain registrations are not refundable under any circumstances.
Violations of BEK Hosting's Terms of Service or Spam Policy may, at BEK Hosting's discretion, result in immediate disablement without refund.
Costs associated with investigating violations of the Terms of Service or SPAM Policy will be charged to the offending Customer. Costs shall be limited to actual costs incurred billed at the rate of $125 per hour, any incidental costs and any additional costs incurred by BEK Hosting as a result of the complaint.
TAXES
BEK Hosting shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Customer or BEK Hosting's server. Customer agrees to take full responsibility for all taxes and fees of any nature associated with such products sold.
MATERIAL PRODUCTS
Customer will provide BEK Hosting with material and data in a condition that is "server-ready", which is in a form requiring no additional manipulation on the part of BEK Hosting. BEK Hosting shall make no effort to validate this information for content, correctness or usability.
Use of BEK Hosting's service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of Customer's Webspace by the Customer.
The following examples are offered:
Web Publishing: requires a knowledge of HTML, properly locating and linking documents, FTPing Webspace contents, Graphics, text, Sound, imagemapping, etc.
CGI-Scripts: requires a knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, CShell scripts, permissions, etc.
The Customer agrees that he or she has the necessary knowledge to create Customer's Webspace. Customer agrees that it is not the responsibility of BEK Hosting to provide this knowledge or Customer Support outside of the defined service of BEK Hosting.
BEK Hosting will exercise no control whatsoever over the content of the information passing through the network.
BEK Hosting makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. BEK Hosting also disclaims any warranty of merchant-ability or fitness for a particular purpose and will not be responsible for any damages that may be suffered by the Customer, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Customer. Use of any information obtained by way of BEK Hosting is at the Customer's own risk, and BEK Hosting specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of a connection to and do not represent guarantees of available end to end bandwidth. BEK Hosting Webhosting expressly limits its damages to the Customer for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability.
The customer agrees to make use of BEK Hosting servers primarily for the purpose of hosting a website, and associated email functions. Servers are shared with other customers, and as such IRC-related activities or severely CPU intensive CGI scripts (e.g. chat scripts, scripts which have bugs causing them to not close properly after being run) are not encouraged. IRC bots and bouncers (BNC) specifically may not be run on any BEK Hosting server, and if your processes are adversely affecting server performance disproportionately BEK Hosting reserves the right to negotiate additional charges with the Customer and/or the discontinuation of the offending processes.
BEK Hosting Webhosting specifically denies any responsibilities for any damages arising as a consequence of such unavailability. In the event that this material is not "Server-ready", BEK Hosting may, at its option and at any time, reject this material, including but not limited to after it has been put on BEK Hosting's Server. BEK Hosting agrees to notify Customer immediately of its refusal of the material and afford Customer the opportunity to amend or modify the material to satisfy the needs and/or requirements of BEK Hosting. If the Customer fails to modify the material, as directed by BEK Hosting, within a reasonable period of time, which shall be determined between the parties themselves, the contract shall be deemed to be terminated.
All domain names registered through BEK Hosting that are 'parked' or are otherwise not immediately associated with an BEK Hosting hosting plan will be automatically pointed to a "Coming Soon" web page which informs visitors that the registrant has recently registered their domain name via affordablehosting.ca. The Coming Soon web page may be modified at any time by BEK Hosting without prior notice to you and may include such things as, without limitation, links to additional products and services offered by BEK Hosting.
TRADEMARKS & COPYRIGHTS
Customer warrants that it has the right to use the applicable trademarks, if any.
HARDWARE, EQUIPMENT, & SOFTWARE
The customer is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access BEK Hosting.
BEK Hosting makes no representations, warranties or assurances that the Customer's equipment will be compatible with the BEK Hosting Webhosting service.
BEK Hosting is not responsible for notifying customers of the need to apply patches. Failure to comply with these requirements is grounds for termination of contract without refund. BEK Hosting reserves the right to take any action upon customer content it deems necessary at any time to protect the security and integrity of BEK Hosting's network.
BEK Hosting will make every effort to notify customers prior to applying patches.
AGE
The Customer certifies that he or she is at least 18 years of age, or that their parent or legal guardian will act as the "customer" in terms of this contract.
INTERNET ETIQUETTE
Electronic forums such as mail distribution lists and Usenet news groups all have expectations regarding subject area and appropriate etiquette for posting. Users of these forums should be considerate of the expectations and sensitivities of others on the network when posting material for electronic distribution. The network resources of BEK Hosting Webhosting may not be used to impersonate another person or misrepresent authorization to act on behalf of others or BEK Hosting. All messages transmitted via BEK Hosting should correctly identify the sender; users may not alter the attribution of origin in electronic mail messages or posting.
Users must not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain unauthorized access. This includes (but is not limited to) such things as port scanning of either BEK Hosting or external computers and Denial Of Service attacks of any kind.
TERMINATION
This contract may be terminated by either party, without cause, by giving the other party 30 days written notice. BEK Hosting will accept termination by electronic mail. Notwithstanding the above, BEK Hosting may terminate service under this contract at any time, without penalty, if the Customer fails to comply with the terms of this contract, including non-payment. BEK Hosting reserves the right to charge a reinstatement fee.
LIMITED LIABILITY
Customer expressly agrees that use of BEK Hosting's Server is at Customer's sole risk. Neither BEK Hosting, its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that BEK Hosting's Server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the BEK Hosting Server service, unless otherwise expressly stated in this contract.
Under no circumstances, including negligence, shall BEK Hosting, its offices, agents or any one else involved in creating, producing or distributing BEK Hosting's service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the BEK Hosting service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to BEK Hosting's records, programs or services. Customer hereby acknowledges that this paragraph shall apply to all content on BEK Hosting's service.
Notwithstanding the above, Customer's exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate amount which Customer paid during the term of this contract and any reasonable legal fee and court costs.
LAWFUL PURPOSE
Customer may only use BEK Hosting's Server for lawful purpose. Transmission of any material in violation of any Country, Federal, State or Local regulation is prohibited. To this effect, child pornography is strictly prohibited as well as housing any copyrighted information on BEK Hosting's Server for the purpose of illegal distribution or infringement.
Customer agrees to not have any content on their site that advocates, sells or in any way makes available tools or methods to send unsolicited e-mail or usenet postings (spam), or to use BEK Hosting's Servers for relaying unsolicited e-mail or usenet postings, or to use unsolicited e-mail or usenet postings to advertise for their site hosted at BEK Hosting. Any complaint we receive about a violation of this or the preceding two points will be taken very seriously and will result in immediate account cancellation without a refund.
INDEMNIFICATION
Customer agrees that it shall defend, indemnify, save and hold BEK Hosting harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against BEK Hosting, its agents, its customers, servants 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 BEK Hosting against Liabilities arising out of any injury to person or property caused by any products sold or otherwise distributed in connection with BEK Hosting's Server; any material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party; copyright infringement; any defective product which Customer sold on BEK Hosting Server.
CONTRACT REVISIONS
Revisions to this Contract will be applicable to previous Contracts
Revisions will be considered agreed to by the Customer on renewal of service as specified in Section - Financial Arrangements.
TRANSFER
Customer may not transfer this contract without the written consent of BEK Hosting Webhosting.
CONTRACT
These Terms and Conditions constitutes the entire Contract and understanding of the parties.
Any changes or modifications to these Terms and Conditions of Contract thereto are agreed to by the both parties upon renewal of services.
WHEREAS, BEK Hosting is an information provider connected to the Internet BEK Hosting offers storage and transfer services over the Internet through access to its Web Server;
WHEREAS, Customer seeks to utilize BEK Hosting's server for its own purposes;
WHEREAS, the parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, BEK Hosting can make no guarantee that any given reader shall be able to access BEK Hosting's server at any given time.
BEK Hosting represents that it shall make every good faith effort to ensure that its server is available as widely as possible and with as little service interruption as possible;
NOW THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows:
FINANCIAL ARRANGEMENTS
Customer agrees to a thirty (30) day contract minimum or twelve (12) month contract depending on length of pre-payment, beginning upon commencement of service.
There is a per-plan one time non-refundable setup fee of $24.95 and if the customer wishes to cancel BEK Hosting Web Hosting services within thirty (30) days of the initial signup they shall be able to do so for any reason (aside from disablement for Terms of Service or Spam Policy violations) and have their first month hosting money promptly refunded. Setup fees may be refunded at the sole discretion of BEK Hosting. Setup fees may be waived at the sole discretion of BEK Hosting.
At the end of the contract term, the contract will automatically renew for successive thirty (30) day periods (or twelve (12) month periods, depending on length of pre-payment) indefinitely until canceled in writing. After the first 30-days a canceled account will be canceled before the next payment is due and no more billing will occur nor will any payment be refunded, even for unused portions of that period.
Domain registrations are not refundable under any circumstances.
Violations of BEK Hosting's Terms of Service or Spam Policy may, at BEK Hosting's discretion, result in immediate disablement without refund.
Costs associated with investigating violations of the Terms of Service or SPAM Policy will be charged to the offending Customer. Costs shall be limited to actual costs incurred billed at the rate of $125 per hour, any incidental costs and any additional costs incurred by BEK Hosting as a result of the complaint.
TAXES
BEK Hosting shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Customer or BEK Hosting's server. Customer agrees to take full responsibility for all taxes and fees of any nature associated with such products sold.
MATERIAL PRODUCTS
Customer will provide BEK Hosting with material and data in a condition that is "server-ready", which is in a form requiring no additional manipulation on the part of BEK Hosting. BEK Hosting shall make no effort to validate this information for content, correctness or usability.
Use of BEK Hosting's service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of Customer's Webspace by the Customer.
The following examples are offered:
Web Publishing: requires a knowledge of HTML, properly locating and linking documents, FTPing Webspace contents, Graphics, text, Sound, imagemapping, etc.
CGI-Scripts: requires a knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, CShell scripts, permissions, etc.
The Customer agrees that he or she has the necessary knowledge to create Customer's Webspace. Customer agrees that it is not the responsibility of BEK Hosting to provide this knowledge or Customer Support outside of the defined service of BEK Hosting.
BEK Hosting will exercise no control whatsoever over the content of the information passing through the network.
BEK Hosting makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. BEK Hosting also disclaims any warranty of merchant-ability or fitness for a particular purpose and will not be responsible for any damages that may be suffered by the Customer, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Customer. Use of any information obtained by way of BEK Hosting is at the Customer's own risk, and BEK Hosting specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of a connection to and do not represent guarantees of available end to end bandwidth. BEK Hosting Webhosting expressly limits its damages to the Customer for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability.
The customer agrees to make use of BEK Hosting servers primarily for the purpose of hosting a website, and associated email functions. Servers are shared with other customers, and as such IRC-related activities or severely CPU intensive CGI scripts (e.g. chat scripts, scripts which have bugs causing them to not close properly after being run) are not encouraged. IRC bots and bouncers (BNC) specifically may not be run on any BEK Hosting server, and if your processes are adversely affecting server performance disproportionately BEK Hosting reserves the right to negotiate additional charges with the Customer and/or the discontinuation of the offending processes.
BEK Hosting Webhosting specifically denies any responsibilities for any damages arising as a consequence of such unavailability. In the event that this material is not "Server-ready", BEK Hosting may, at its option and at any time, reject this material, including but not limited to after it has been put on BEK Hosting's Server. BEK Hosting agrees to notify Customer immediately of its refusal of the material and afford Customer the opportunity to amend or modify the material to satisfy the needs and/or requirements of BEK Hosting. If the Customer fails to modify the material, as directed by BEK Hosting, within a reasonable period of time, which shall be determined between the parties themselves, the contract shall be deemed to be terminated.
All domain names registered through BEK Hosting that are 'parked' or are otherwise not immediately associated with an BEK Hosting hosting plan will be automatically pointed to a "Coming Soon" web page which informs visitors that the registrant has recently registered their domain name via affordablehosting.ca. The Coming Soon web page may be modified at any time by BEK Hosting without prior notice to you and may include such things as, without limitation, links to additional products and services offered by BEK Hosting.
TRADEMARKS & COPYRIGHTS
Customer warrants that it has the right to use the applicable trademarks, if any.
HARDWARE, EQUIPMENT, & SOFTWARE
The customer is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access BEK Hosting.
BEK Hosting makes no representations, warranties or assurances that the Customer's equipment will be compatible with the BEK Hosting Webhosting service.
BEK Hosting is not responsible for notifying customers of the need to apply patches. Failure to comply with these requirements is grounds for termination of contract without refund. BEK Hosting reserves the right to take any action upon customer content it deems necessary at any time to protect the security and integrity of BEK Hosting's network.
BEK Hosting will make every effort to notify customers prior to applying patches.
AGE
The Customer certifies that he or she is at least 18 years of age, or that their parent or legal guardian will act as the "customer" in terms of this contract.
INTERNET ETIQUETTE
Electronic forums such as mail distribution lists and Usenet news groups all have expectations regarding subject area and appropriate etiquette for posting. Users of these forums should be considerate of the expectations and sensitivities of others on the network when posting material for electronic distribution. The network resources of BEK Hosting Webhosting may not be used to impersonate another person or misrepresent authorization to act on behalf of others or BEK Hosting. All messages transmitted via BEK Hosting should correctly identify the sender; users may not alter the attribution of origin in electronic mail messages or posting.
Users must not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain unauthorized access. This includes (but is not limited to) such things as port scanning of either BEK Hosting or external computers and Denial Of Service attacks of any kind.
TERMINATION
This contract may be terminated by either party, without cause, by giving the other party 30 days written notice. BEK Hosting will accept termination by electronic mail. Notwithstanding the above, BEK Hosting may terminate service under this contract at any time, without penalty, if the Customer fails to comply with the terms of this contract, including non-payment. BEK Hosting reserves the right to charge a reinstatement fee.
LIMITED LIABILITY
Customer expressly agrees that use of BEK Hosting's Server is at Customer's sole risk. Neither BEK Hosting, its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that BEK Hosting's Server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the BEK Hosting Server service, unless otherwise expressly stated in this contract.
Under no circumstances, including negligence, shall BEK Hosting, its offices, agents or any one else involved in creating, producing or distributing BEK Hosting's service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the BEK Hosting service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to BEK Hosting's records, programs or services. Customer hereby acknowledges that this paragraph shall apply to all content on BEK Hosting's service.
Notwithstanding the above, Customer's exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate amount which Customer paid during the term of this contract and any reasonable legal fee and court costs.
LAWFUL PURPOSE
Customer may only use BEK Hosting's Server for lawful purpose. Transmission of any material in violation of any Country, Federal, State or Local regulation is prohibited. To this effect, child pornography is strictly prohibited as well as housing any copyrighted information on BEK Hosting's Server for the purpose of illegal distribution or infringement.
Customer agrees to not have any content on their site that advocates, sells or in any way makes available tools or methods to send unsolicited e-mail or usenet postings (spam), or to use BEK Hosting's Servers for relaying unsolicited e-mail or usenet postings, or to use unsolicited e-mail or usenet postings to advertise for their site hosted at BEK Hosting. Any complaint we receive about a violation of this or the preceding two points will be taken very seriously and will result in immediate account cancellation without a refund.
INDEMNIFICATION
Customer agrees that it shall defend, indemnify, save and hold BEK Hosting harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against BEK Hosting, its agents, its customers, servants 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 BEK Hosting against Liabilities arising out of any injury to person or property caused by any products sold or otherwise distributed in connection with BEK Hosting's Server; any material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party; copyright infringement; any defective product which Customer sold on BEK Hosting Server.
CONTRACT REVISIONS
Revisions to this Contract will be applicable to previous Contracts
Revisions will be considered agreed to by the Customer on renewal of service as specified in Section - Financial Arrangements.
TRANSFER
Customer may not transfer this contract without the written consent of BEK Hosting Webhosting.
CONTRACT
These Terms and Conditions constitutes the entire Contract and understanding of the parties.
Any changes or modifications to these Terms and Conditions of Contract thereto are agreed to by the both parties upon renewal of services.
