Terms of Service

BakoWeb Terms of Service

Please read this Terms of Service in full, as you are responsible for its entire content; if you have an account with us.  It basically says that you agree with and will follow all the rules that we have set down for our services;  to protect us, our servers, other clients and yourself.  You must agree to these rules, or you can not have an account with us.  Please read these rules so you will know what they are.

The Following are the Terms of Service (The Rules):

1)   CONTENT
BakoWeb.com is owned by Furniture Tech, this TOS will serve as Terms of Service for all domains.   All services provided by BakoWeb may only be used for lawful purposes. The laws of the States of California & Texas, and the United States of America apply.  All Rights Reserved.

1a.) Agreement   The customer agrees to indemnify and hold harmless and blameless; BakoWeb, Furniture Tech, and all other BakoWeb and Furniture Tech owners, entities, and partners from any claims resulting from the use of our services.   By using our services you certify that you are age 18 or older, and you accept and agree to our terms of service.

1b.)  Account Setup / Email & Phone Number on file  We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose.

Please be sure your phone number on your account is correct, it is used by our fraud prevention team to verify your order. If your phone number is not correct, we will not set up the account.  Please be sure to add the country code to the phone number, for instance; 1(555)555-5555 .   The Country Code for USA is "1". 

It is your responsibility to ensure the email address and phone number on file is current or up to date at all times. If you have a domain name registered with BakoWeb, it is your responsibility to ensure that the contact information for your domain account and your actual domain name(s) is correct and up-to-date.

BakoWeb is not responsible for a lapsed registration due to outdated contact information being associated with the domain. If you need to verify or change this information, you should contact our sales team via Trouble ticket. Providing false contact information of any kind may result in the termination of your account.

In high risk transactions, it will be necessary to provide government issued identification and possibly a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied.

2)   LIMITATIONS & UNACCEPTABLE MATERIAL  

We don't allow just every website to be hosted on our servers.  Your website or hosting account can not contain any of the following materials.

2a.) Copyright Infringement:   Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, videos, books, photographs, graphics or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account.  If you believe that your copyright or trademark is being infringed upon, please email us with the information required.  If the request is of a licensing issue, we may require further documentation.  We take all copyright infringement very seriously.

2b.) Using a shared account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account. Please do not take backups of your backups.

2c.) Illegal Content & Unacceptable Material :  

Examples of unacceptable material on all servers include, but are not limited to the following:

• Topsites
• IRC Scripts/Bots
• Proxy Scripts/Anonymizers
• Pirated Software/Warez
• Image Hosting Scripts (similar to Photobucket or Tinypic)
• AutoSurf/PTC/PTS/PPC sites
• IP Scanners
• Bruteforce Programs/Scripts/Applications
• Mail Bombers/Spam Scripts
• Banner-Ad services (commercial banner ad rotation)
• File Dump/Mirror Scripts (similar to rapidshare)
• Commercial Audio Streaming (more than one or two streams)
• Escrow/Bank Debentures
• High-Yield Interest Programs (HYIP) or Related Sites
• Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
• Sale of any controlled substance without prior proof of appropriate permit(s)
• Prime Banks Programs
• Lottery Sites
• MUDs/RPGs/PBBGs
• Hateful/Racist/Harassment oriented sites
• Hacker focused sites/archives/programs
• Sites promoting illegal activities
• Forums and/or websites that distribute or link to warez/pirated/illegal content
• Bank Debentures/Bank Debenture Trading Programs
• Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
• Mailer Pro
• Spoof or Phishing websites
• Animal abuse websites
• Child abuse websites
• Elder abuse websites
• CGI/Perl Based Forums
• YaBB CGI and PHP Versions
• Topsites Scripts (Spam sites using the button.php to overload the server)
• 4Images
• FormMail (CGI versions)
• IRC and associated programs (including psybnc, "bots", etc...)
• No scripts commonly used for abuse, attacks, or flooding Threatening, harassing, or obscene content
• Any proxies which do not require authentication (including open mail proxies, unprotected anonymous web surfing proxies, etc...)

2d.) ABSOLUTLY NO CHILD PORN ALLOWED   All models must be 18 or over.  The laws of California, Texas, and The United States of America apply.  Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita):   Any site found to host child pornography or abuse, or linking to child pornography or abuse, will be terminated immediately without notice or refund.  Child abuse and animal cruelty Violations will be reported to the appropriate law enforcement agency.

WARNING:  Violations of the Terms of Service will waive the refund policy.

3.) MONITORING AND ABUSE 

BakoWeb services, including all related equipment, networks and network devices are provided only for authorized customer use. BakoWeb systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of BakoWeb system(s) constitutes consent to monitoring for these purposes.

Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control must be with expressed written consent from the third party. BakoWeb may, at its discretion, request and require documentation to prove access to a third party network or system is authorized.

We reserve the right to refuse service to anyone.  We reserve the right at any time to refuse, terminate, or cancel service without warning or refund should any of these terms be violated or should any material that, in our judgment, be obscene, threatening, illegal, or violates our terms of service in any manner. Use of our services is at the customer's sole risk, we make no warranties. We reserve the right at any time to disallow activities that might in any way damage our reputation, network and or servers whether caused intentionally or unintentionally. We reserve the right to refuse service to anyone.   Any material that, in our judgment, is obscene or threatening is prohibited and will be removed from our servers with or without notice.

Failure to respond to email from our abuse department within 48 hours may result in the termination of your services. All abuse issues must be dealt with via trouble ticket and will have a response within 48 hours.  Violations of our terms of service , or failure to contact our abuse desk within 48 hours of notice, will terminate your account and will waive the refund policy. 

If in doubt regarding the acceptability of your site or service, please contact us and we will be happy to assist you.

4.) Zero Tolerance Spam

We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and "double opt-in" will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.

Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.

BakoWeb reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.

BakoWeb reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is entirely at the discretion of BakoWeb.

5.) PAYMENT, GUARANTEE, CANCELATIONS & REFUNDS

The following are our Payment, 30 Day Money Back Guarantee, Cancel & Refund policies. 

5a.) Payment:  You agree to supply appropriate payment for the services received from BakoWeb, in advance of the time period during which such services are provided. You agree that until and unless you notify BakoWeb of your desire to cancel any or all services received, those services will be billed on a recurring basis.

Once we receive your cancellation and have confirmed all necessary information with you via support ticket, we will inform you that your account has been canceled. At this time, your account with us has been canceled. If you do not hear back from us or receive an e-mail confirming this cancellation, please contact us immediately.

As a client of BakoWeb, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. BakoWeb provides a 5 day grace period from the time the invoice is due and when it must be paid. Any invoice that is overdue for 5 days and not paid will result in a 10% late fee and/or an account suspension until account balance has been paid in full.

Invoices that have been paid more than once with multiple PayPal Subscriptions can only be added as credit towards the account and cannot be refunded via PayPal. If you require assistance with this provision, please contact us.

BakoWeb reserves the right to change the monthly payment amount and any other charges at anytime.

5b.) Money Back Guarantee:  Each of BakoWeb's shared accounts have a 30 day money back guarantee on them. If you are not completely satisfied with our services within the first 30 days of your service, you will be given a full refund of the contract amount. Remember, this is only for monthly packages and does not apply to administrative fees, installation fees for custom software, start up packages, coupons, special offers, webmaster labor, or domain name purchases.  Violations of the Terms of Service will waive the refund policy.

5c.) Cancellations and Refunds:  BakoWeb reserves the right to cancel the account at any time with or without notice. Any abuse of our staff in any medium or format will result in the suspension or termination of your services. Customers may cancel at any time via a cancellation form. BakoWeb gives you a 30 day money back guarantee. There are no refunds on administrative fees, installation fees for custom software, scripts, website design, webmaster labor or domain name purchases. 

Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, cancelled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.  Violations of the Terms of Service will waive the refund policy.

To get a refund: You must ask for a refund within 40 days that you signed up (sign up date). You have to ask for a refund, they are not processed automatically. You may ask for a refund before your 30 day due date (within 30 days of signing up), but no later then 10 days after the 30 day due date (within 40 days of signing up). Refunds will be processed within 30 days after request. Please contact our Billing Department in the Member Center Support Ticket System to request a refund.

5d.) WARNING:  Violations of the Terms of Service will waive the refund policy.

6.) Resource Usage
User may not:
a) Use 10% or more of system resources for longer then 30 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
b) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
c) Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
d) Run any software that interfaces with an IRC (Internet Relay Chat) network.
e) Run any bit torrent application, tracker, or client. Please note that you may link to torrents off server, but may not host or store them.
f) Participate in any file-sharing/peer-to-peer activities
g) Run any gaming servers such as counter-strike, half-life, battlefield1942, etc (You must purchase a dedicated server)
h) Run cron entries with intervals of less than 15 minutes

When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include("http://yourdomain.com/include.php") use include("include.php")

Exceeding the CPU and Memory resources limits does not constitute grounds for suspension or termination however accounts that constantly exceed the limit on a regular basis may cause your account to be flagged for review.

7.) Backups and Data Loss
Your use of the BakoWeb service is at your sole risk. BakoWeb is not responsible for files and/or data residing on your account, nor is BakoWeb responsible for any data loss on your site. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on BakoWeb servers.  BakoWeb is not responsible to keep back up files of your website.  BakoWeb is not responsible for any data loss that may occur during the use of our services.   Please back up your website often!

8.) INODES
The use of more than 40,000 inodes on any shared account may potentially result in suspension. Accounts found to be exceeding the 40,000 inode limit will automatically be removed from our backup system to avoid over-usage. Every file on your account uses up 1 inode.

Simply exceeding the limit does not constitute grounds for suspension however accounts that constantly create and delete large numbers of files on a regular basis or causing file system damage may cause your account to be flagged for review.

9.) Scripts & Permissions   It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as username and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.

10.) SERVER UPTIME GUARANTEE

If your shared server has a physical downtime that is not within the 99.9% uptime you may receive one month of credit on your account. Any maintenance performed on a server provisioned to the network that will require down time for any reason will be scheduled during off peak times (CST) and with at least a 24-hour notice to our customers excluding unforeseen or uncontrollable circumstances such as sudden equipment failure and or unplanned emergency intervention.  Approval of the credit is at the discretion of BakoWeb dependant upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. In order for you to receive a credit on your account, you must request such credit within 72-hours after your web site has experienced the down time. You must request credit by submitting a credit request to our sales/billing department via support ticket. Credits will usually be applied within thirty (30) days of your credit request. Credit to your account shall be your sole and exclusive remedy in the event of an outage.

11.) Shared Accounts
Shared accounts may not resell web hosting to other people, if you wish to resell hosting you must use a reseller account.  Currently BakoWeb does not sell reseller accounts.

12.)  Affiliate Program Abuse
Abuse of our Affiliate program, such as but not limited to; spamming out your member link, or anything that causes harm to the good name of BakoWeb, will not be tolerated, and will result in removal from our Affiliate Program.  BakoWeb reserves the right to determine what constitutes an abuse. 

12a.) Affiliate Program - Domain Names Not Included
Affiliate Account is for hosting and services only.  Domain names, and some webmaster services do not count towards credit.

12b.)  What will keep me from getting credit in my Affiliate account?
If the customer cancels the hosting account within the 30 day money back period, you will loose credit for this customer in your affiliate account.    All new hosting customer's must stay past the 30 day trial period before you can get credit in your affiliate account.  Also abusing our name, such as spamming out your affiliate account link, will be cause for dismissal. 

12c)  Affiliate Program - When & How Do I Get Paid?
When your account has reached $20, (you have received credit for $20 in commissions), you can request a payment be made to your PayPal account, or money order.   Paid within 30 days of request.

12d)  Affiliate Program - Do I have to have a PayPal account to participate?
No you don't, but it helps, as we don't charge any fees with PayPal.  We can also send you a Money Order, but we charge a $4 processing fee to do so.

13.) Price Change
BakoWeb reserves the right to change/modify the resources or recurring price for services at anytime under any circumstances such as making improvements to BakoWeb that will benefit BakoWeb, and/or Clientele.

14.) Indemnification
Customer agrees that it shall defend, indemnify, save and hold BakoWeb harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against BakoWeb, 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, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless BakoWeb against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with BakoWeb; (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 customers from BakoWeb's server.

15.) Arbitration
By using any BakoWeb services, you agree to binding arbitration. If any disputes or claims arise against BakoWeb or its subsidiaries, such disputes will be handled by an arbitrator of BakoWeb's choice. All decisions rendered by that arbitrator will be binding and final. You are also responsible for any and all costs related to such arbitration.

16.) Disclaimer
BakoWeb shall not be responsible for any damages your business may suffer. BakoWeb makes no warranties of any kind, expressed or implied for services we provide. BakoWeb disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by BakoWeb and its employees.

17.) Disclosure to law enforcement
BakoWeb may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies.  We will cooperate fully with law enforcement agencies.

18.) Changes to the TOS
BakoWeb reserves the right to revise its policies at any time with or without notice.