Content
All services provided by BakoWeb.com may only
be used for lawful purposes. The laws of the State of California & Texas,
and the United States of America apply.
The customer agrees to indemnify
and hold harmless BakoWeb.com or BakoWeb.info
from any claims resulting from the use of our
services.
Use of our services to infringe upon any
copyright or trademark is prohibited. This
includes but is not limited to unauthorized
copying of music, books, photographs, 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 abuse@BakoWeb.com with
the information required. If the request
is of a licensing issue, we may require further
documentation.
Examples of unacceptable material include:
IRC Bots, Proxy Scripts / Anonymizers, Pirated
Software / Warez, image, filedump, or banner-ad
services (similar to rapidshare, photobucket,
or commercial banner ad rotation), topsites,
commercial audio streaming (more than one
or two streams), Escrow, High-Yield Interest
Programs (HYIP) or related sites, Investment
sites (FOREX, egold exchange), sale of any
controlled substance without prior proof
of appropriate permit(s), AutoSurf sites,
Bank Debentures, Bank Debenture Trading Programs,
Prime Banks Programs, lottery sites, muds
/ rpg's, hate sites, hacker focused sites/archives/programs,
or sites promoting illegal activities, IP
Scanners, Brute Force Programs, Mail Bombers
and Spam Scripts. Forums that distribute
or link to warez content is prohibited.
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 suspension or termination of your services.
All abuse issues must be dealt with via troubleticket/email
and will have a response within 48 hours.
If in doubt regarding the acceptability of
your site or service, please contact us at abuse@BakoWeb.com and
we will be happy to assist you.
ABSOLUTLY
NO CHILD
PORN
ALLOWED: ALL
MODELS
MUST
BE 18
YEARS
OLD OR
OLDER:
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
linking to child pornography
will be suspended immediately
without notice. Violations
will
be reported
to the
appropriate
law enforcement
agency.
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.
3.) Zero Tolerance
Spam Policy
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.
4.) Payment Information
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 e-mail/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.
5.) Backups and
Data Loss
Your use of the service is at your sole risk.
BakoWeb is not responsible for files and/or
data residing on your account. 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.
6.) 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
15 day
money
back
guarantee.
There
are no
refunds
on administrative
fees,
installation
fees
for custom
software,
coupons,
special
offers,
or domain
name
purchases. If
you signed
up for
an account
using
a coupon,
start
up package,
or a
special
offer
you are
not eligible
for our
15 day
money
back
guarantee.
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. If
you signed
up for
an account
using
a coupon,
start
up package,
or a
special
offer
you are
not eligible
for our
15 day
money
back
guarantee.
Violations of the Terms of Service will waive
the refund policy.
7a.) 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
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.
7b.) 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.
8a.) Money back
Guarantee
Each
of BakoWeb's
shared
accounts
have
a 15
day money
back
guarantee
on them.
If you
are not
completely
satisfied
with
our services
within
the first
15 days
of your
service,
you will
be given
a full
refund of the
contract
amount.
Remember,
this
is only
for monthly
shared
or reseller
packages
and does
not apply
to administrative
fees,
installation
fees
for custom
software,
start up packages, coupons, special offers, or domain
name
purchases. If you signed up for an account
using a coupon, start up package, or a special offer you are not
eligible for our 15 day money back guarantee.
8b.) Uptime Guarantee
If
your shared
server
has a physical downtime
that is not within
the 98% uptime you
may receive one month
of credit
on your account. 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.
To request
a credit,
please
contact
us with
justification.
All requests
must
be made
in writing
via email.
9.) Shared
(non-reseller 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.
9a.) Affiliate Program:
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.
10.) Price Change
The amount you pay for hosting will never
increase from the date of purchase. We reserve
the right to change prices listed on BakoWeb.com,
and the right to increase the amount of resources
given to plans at any time.
11a.) 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.
11b.) 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.
12.) 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.
13.) 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.
14.) Changes
to the TOS
BakoWeb reserves the right to revise its
policies at any time with or without notice.
|