Terms & Conditions - Acceptable User Policy |
This Agreement ("Agreement") is a binding agreement between nekapa.org (BSW Hosting) and the person or entity (“you” or “your”) on whose behalf this Agreement is executed. This Agreement governs your use of any and all services and/or support provided by BSW Hosting, including but not limited to web hosting, reseller plans, dedicated cloud servers, data centers, virtual private servers, domain names, and/or web design (“Services”). Please read this Agreement carefully prior to ordering or using any BSW Hosting Services. This Agreement and any subsequent modifications thereto, exclusively govern your use of the Services subject to applicable local, state, and federal laws. This Agreement represents the complete agreement and understanding between you and BSW Hosting and supersedes any other written or oral agreement. If you do not agree to these terms and conditions set forth in this Agreement, you MUST notify the BSW Hosting Billing Department (firstname.lastname@example.org) to arrange for a closure of your account. You shall continue to be bound by these terms and conditions until your account has been closed by BSW Hosting and confirmation provided with respect to the same. USE OF YOUR ACCOUNT at any time shall constitute your acceptance and approval of the terms and conditions set forth in this Agreement. Now, therefore, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, you and BSW Hosting agree as follows:
1. CANCELATION OF SERVICES IN GENERAL:
BSW Hosting reserves the right to cancel your service for any reason without prior notice. Where appropriate, any fees paid for yet to be used services may be returned to you on a pro-rated basis. Such discretion is to be consistent with the terms of this Agreement and to the extent that no such term is set forth in this Agreement, discretion rests solely with BSW Hosting as to whether to issue a refund. In some instances, fees are related to licenses or bundles that are not capable of being refunded notwithstanding any remaining term on a contract or subscription. Examples of non-refundable fees include, but are not limited to, domain name registration/transfer, domain protection, additional site builder licenses, SSL certificates, dedicated server orders and fees, downgrade/upgrade fees, fees for any products purchased through BSW Hosting, and IP. In the event that BSW Hosting has cancelled your account and you re-registers with BSW Hosting following said cancellation without the express written consent of BSW Hosting, BSW Hosting reserves the right to cancel your account and retain any and all fees paid to date as a part of that re-registration, regardless of whether any service has been rendered, as a forfeiture related to your unapproved re-registration.
2. NON-REFUNDABLE FEES:
Domain name registration/transfer, domain protection, site builder, setup fees, activation and reactivation fees, license fees, upgrade/downgrade/migration fees, additionally set up services and premium support services are not refundable. Any request to redeem special or free optional services need to be redeemed at the same time of the package start date or the upgrade date of the applicable new package or the right to such special or free services will be waived. Example of such services include, but are not limited to, free domain registration, SSL, static IP, domain ID protection.
3. REFUNDS GENERALLY:
Within the first 30 days as a BSW Hosting customer, BSW Hosting will cancel your account and refund all money paid for your hosting service (with the exception of Section #12 fees) upon receipt of a formal request for cancellation through our cancellation form. During the first 180 days as a BSW Hosting customer, BSW Hosting will cancel your account and offer a pro-rated refund for all unused hosting fees based on BSW Hosting's standard, non-discounted monthly package pricing upon receipt of an express request for cancellation by the BSW Hosting Billing Department (email@example.com). If you have multiple registrations with BSW Hosting, your starting date as a BSW Hosting customer is defined as the earliest date that you become a client with BSW Hosting. The following services are expressly excluded from the aforementioned refunds: Domain registration, transfer, and ID protection; Private SSL; All service fees in section 12 as defined herein; Additional static IPs; Additional site builder licenses; Licensed products purchased through BSW Hosting. Closure of your account does not automatically or necessarily entitle you to a refund of any fees due or paid.
4. NON-TRANSFERABILITY OF ACCOUNTS:
BSW Hosting accounts cannot be transferred or used by anyone other than the subscriber. You may not sell, lease, rent or assign accounts to any party that has not expressly accepted and agreed to be bound by the terms and conditions of this Agreement. Shared hosting accounts cannot be used for resale purposes. Violations of any of the provisions of this Section are grounds for the suspension and/or violation of a user account. Any and all sites hosted by BSW Hosting must be registered with the same entity unless expressly and previously authorized in writing by BSW Hosting. Account/hosting service/domain name transfer must be approved by the BSW Hosting Billing Department (firstname.lastname@example.org)
5. INDEMNIFICATION OF BSW Hosting:
You agree to, and shall, without limitation or exception, indemnify, defend, and hold harmless nekapa.org and its subsidiaries, affiliates, officers, agents, co-branders, partners, and employees from and against any claim, demand, action, damages, liability, loss, costs, or expenses, including reasonable attorneys’ fees, due in whole or in part to any breach or violation of this Agreement, including, but not limited to: any of the events described in this Agreement; any breach of this Agreement by you; any information or data loss that you submit, post, transmit, or receive as a part of any service offered by BSW Hosting; your use of any service offered by BSW Hosting your violation of any third party rights; or any act or omission by you or your agents.
6. PERMITTED USE.
Services provided to you by BSW Hosting may only be used for lawful purposes. The transmission or publication of any information, data, or material in violation of any federal or state regulation or law is strictly prohibited and grounds for immediate cancellation of your account. This includes, but is not limited to, material protected by copyright, trade secret or any other statute, threatening material, obscene material, material that is deemed to be suited for "adults only," pornography, child pornography, as well as links to or instructions for accessing the foregoing. BSW Hosting reserves the right to remove any and all materials which infringe on copyright work or in response to a Digital Millennium Copyright Act take down notice or that otherwise violate permitted use of the services offered by BSW Hosting. Examples of non-acceptable content or links include, but are not limited to, hacker applications/archives, "Warez" sites, proxy applications, IRC, rapidleech (and similar), torrents, torrents listings, and spam applications.
7. WARRANT TO BSW Hosting.
You warrant that: You shall ensure that the use of BSW Hosting services shall not disrupt BSW Hosting, its associated networks or equipment forming part of the systems, or the permitted activities of other users of any BSW Hosting service. You will maintain the security of all files and content installed under your hosting account and that you will maintain any software installed to up to date version in order to avoid security breaches. You will not utilize an excessive amount of system resources and in those instances in which BSW Hosting deems an excessive amount of system resources to be utilized by you, BSW Hosting reserves the right to place a limit on any process or service in your account to prevent disruption of service to other customers. You will not use of BSW Hosting services in a manner that is disruptive, damaging, unlawful, offensive, or intrusive as determined solely by BSW Hosting. You will not end unsolicited mass mailings from another service that in any way implicates the use of BSW Hosting services, nekapa.org's equipment, or any site hosted on any BSW Hosting network. You will not utilize any BSW Hosting service, equipment, or e-mail address in connection with the transmission of the same or substantially similar unsolicited message to 50 or more recipients or eight or more news groups in a single day. Any material submitted for publication using any BSW Hosting service does not violate or infringe any copyright, trademark, patent, statutory common law or proprietary interest of others or contain anything obscene or libelous. You are over the age of eighteen (18) years or are a parent or guardian of a user that is under the age of eighteen years of age and are authorized and able to enter into this Agreement. You will cooperate in the investigation of any material that could be infringing on a third party's copyright. You will comply with other organizations' networks or computing resources and comply with their respective permission and usage policies.
8. DOMAIN RENEWAL:
For all new domains, you agree to pay an annual, non-refundable registration fee. These fees will appear on your billing statement unless prior arrangements are made with our customer service department. It is your sole responsibility to cancel the renewal once the domain has been invoiced and must occur within seven days prior to your renewal date. Any renewal that is processed will not be refunded. The Client agrees to contact BSW Hosting in the event of an expired domain name he owns with further information regarding the continuation/cancellation of the aforementioned service.
9. DIRECTORY LISTINGS.
You agree that BSW Hosting may identify you in any relevant subscriber directory.
10. HOSTING LIMITS.
Hosting space is intended for normal use only, and is limited to Web files, e-mail and content of the hosted Web sites, not for storage of media or other data nor for the sole purpose of mass e-mail/solicitation. Hosting space may not be used as off site storage for electronic files or for third party electronic mail or FTP hosts. You are responsible for removing any files which do not meet these requirements, and for adhering to any hosting space (disk usage) limits allocated to your account(s). Failure to do so may result in removal and deletion of such materials, and/or in discontinuation of your services or account. MS SQL remote management/connections: the provided remote connection interface is to be used with the purpose of managing your MS SQL database remotely and NOT for the purpose of using our MS SQL for remote SQL storage for other sites/applications - violating this rule will result in account suspension.
You must formally notify BSW Hosting of any cancellation by completing an Account Cancellation Form available by clicking here in order to cancel your account with us. BSW Hosting will not process any other requests submitted outside of our Account Cancellation Form. Absent a valid cancellation, BSW Hosting will automatically renew your account for the next billing cycle one month before the account expiration date. Orders received for previously canceled accounts will not be processed and accounts will not be activated. Credit card or PayPal chargeback will result in automatic cancelation and deletion of the customer's account from our servers. A $15 re-activation fee will apply to all suspended accounts due to non-payments of due fees. There will be a $15.00 reinstating fee for any cancel account. Transferring your domain to another provider does not constitute canceling your BSW Hosting account.