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Terms of Service
INTRODUCTION / ACCEPTANCE
OF TERMS:
BNP Hosting offers you a wide variety of products and
services (the "Service") on the following terms. By utilizing
the Service in any way you are agreeing to comply with these terms, which
we may update without notice and encourage you to examine here at any
time. You must be competent and at least 18 years old to enter into a
contract to use the Service. Except if we expressly note otherwise, these
terms incorporate and supersede any other terms associated with the files
and applications available on the domain www.blueniteproductions.com ("Blue
Nite Productions", "BNP
Web Services", "3 Plan Web Hosting", "we", or "us").
YOUR LIABILITY FOR CONTENT & CONDUCT:
You are responsible for any content that you publish or transmit on or
through the Service.
You will not use the Service to distribute, link to, or request content
that: (1) is unlawful, harmful to minors, vulgar, harassing, abusive,
defamatory, threatening, gratuitously violent, pornographic, obscene,
libelous, invasive of another's privacy, or racially, ethnically or
otherwise offensive; (2) includes personally identifiable information
about children; (3) infringes someone else's intellectual property or
other rights; (4) advocates or solicits violence or other criminal
conduct; (5) violates any contract, regulation, or law; (6) promotes
participation in pyramid or multi-level marketing initiatives; (7)
constitutes illegal gambling; (8) specifically advertises firearms or
ammunition, tobacco, alcohol, pornography, or any other product or service
that is illegal in Alabama or the domicile of either the distributor or
recipient; (9) contains software viruses or any other computer code,
files, or programs that are designed or intended to disrupt, damage, or
limit the functioning of any software, hardware, or telecommunications
equipment; (10) executes mass mailings, SPAM, or unsolicited e-mail.
You will obey all applicable laws and regulations regarding online conduct
and content. Except as we specifically authorize (via license or
otherwise), you will not copy, distribute, or commercially exploit any
part of the Service.
ACCURATE INFORMATION:
You will submit accurate and current information on all registration forms
on the Service. You will not impersonate any person or entity,
misrepresent your affiliation with a person or entity; or misrepresent the
origin of any materials distributed through the Service.
LINKS TO OTHER WEB SITES:
We or third-party providers of content may make available links to other
Internet web sites or resources. We do not manage these sites and
resources, do not endorse them, and are not responsible for their content,
availability, or delivery of services.
SATISFACTION GUARANTEE
(MONEY-BACK GUARANTEE):
Our guarantees are for customer satisfaction only. If you are not happy
with your product or service, you may execute cancellation within the
given number of days. To cancel, a e-mail must be sent to
support@blueniteproductions.com
from authorized clientele. Any setup, shipping/handling, transaction, or
modification fees are non-refundable unless otherwise stated. Refunds will
be made by check or reverse-credit to client. If reverse-credit on a
credit or bank card is chosen, we are not responsible and will not recover
for any transaction fees that may be lost. We will not provide a refund if
the client has violated our Terms of Service and proceeds to request any
money back, regardless of how many days they have been hosted.
ANTI-SPAM POLICY (ABUSE
OF E-MAIL):
Client understands that unsolicited and mass e-mailing (SPAM/UBE/UCE) is
absolutely forbidden. Client agrees to pay for any fees or damage in
result of UBE or UCE (SPAM) within their account. We reserve the right to
suspend or cancel any or all accounts without notice, due to violation of
this policy.
The Service you are receiving may include the ability to send and receive
electronic mail. Use of your electronic mail account to send unsolicited
commercial messages is prohibited. Mass electronic messages or
"mail-bombing" (sending mass unsolicited mail or deliberately
sending very large attachments to one recipient) are prohibited. Forging
electronic mail headers (addresses) is also prohibited regardless of
commercial content. Use of electronic mail to harass or intimidate other
users is prohibited.
Spamming, sending large numbers of unsolicited commercial e-mail messages
or unsolicited bulk e-mail to advertise, offer, sell, or buy any goods or
services, for any business or individual, is strictly prohibited. In
response to a complaint, BNP Hosting has the discretion to determine, from
all of the evidence it receives, whether the intended recipients were from
an "opt-in" e-mail list.
You are also prohibited from sending the same or substantially similar
unsolicited e-mail message, whether commercial or not, to fifty (50) or
more recipients. If this provision is violated, you may be required, as
determined by BNP Hosting in BNP
Hostings' sole discretion, to pay BNP
Hosting $50 per day for unintended violations and $500 per day for
deliberate violations.
Related: United
Stats CAN-SPAM Act of 2003
DESIGNS AND CONCEPTS:
Client understands that there is absolutely no guarantee for satisfaction
of any type of design or concept made by BNP Hosting.
Client is aware that payment will be required and expected whether or not
they are satisfied with the service provided. Reselling or redistributing
designs or concepts made by us is absolutely forbidden unless written
permission is given to client. Client may not claim our services as their
own.
REFUSAL OF SERVICE:
We reserve the right to refuse or cancel service at our sole discretion. All clients are expected to pay their invoices promptly. Accounts that are past due for 20 days may be subject to temporary deactivation. Accounts past due in excess of 30 days may be cancelled. All deactivated accounts will be charged a $25.95 reactivation fee in addition to their normal monthly fees. Returned or cancelled checks/credit cards will result in immediate account deactivation (not cancellation) and are subject to a $25.00 processing fee. Cancelled accounts shall be subject to all applicable reactivation fees as well as normal fees associated with opening an initial account. All delinquent accounts will be submitted to a collection agency for resolution. SERVER
ABUSE:
Any attempts to undermine or cause harm to a server is strictly prohibited.
BANDWIDTH OVERAGE:
Usage that exceeds original plan allotment (without upgrading prior to
exceeding the allotted amount) is subject to $25.50 per 1 GIG of
bandwidth (each month). This does not apply to whom adds additional
bandwidth before exceeding their allotment. SERVER
DATA STORAGE:
Client is aware that it is their responsibility to frequently backup any
information that they host on our servers. We are not responsible for any
files, scripts, coding, or data that may be lost or abused in a
server-related issue. UPTIME
GUARANTEE:
If server uptime falls below 99.0% for a given month, clients can apply
for credit accordingly by e-mailing support@blueniteproductions.com.
Downtime will be excused if it is in the result of: (1) client's local ISP
or routing issue; (2) suspension of an account per our TOS; (3) Denial of
Service (DOS) attack; (4) restoring a backup or moving an account; (5)
client or third party's (intruder/hacker's) fault.
Clients may only qualify for money back or a free month of service. Our
uptime guarantee does not extend any further than the preceding and
clients may be required to provide proof of downtime. PRIVACY POLICY:
BNP Hosting insures that all personal information being voluntarily submitted to us in the processing of your order (to be used for record and billing purposes, etc.), inclusive, but not limited to, credit card and other personal information, will be kept strictly confidential and used "solely" by
us, its authorized representatives and employees; for the strict purpose for which it was intended, and for the benefit of the Subscriber. We agree not to share, rent, sell or release this information to any individual, entity or third party, for any reason, without the specific written consent of the Subscriber; with exception as required by Law, Regulation or Governmental Authority.
BNP Hosting is committed to protecting and securing all Subscriber provided information, through the use of firewalls and additional security measures in place at its physical facilities to protect against the loss, misuse or alteration of such information.
We reserve the right to display any or all work done for our clients
throughout our website and print advertisements.
Venue
for litigation of any dispute, controversy, or claim arising out of, in
connection with, or in relation to this Agreement, or the breach
thereof, naming BNP Hosting as the defendant,
shall be proper only in a venue determined by
BNP Hosting.
In any
action between BNP Hosting and User to
enforce any of the terms of this Agreement,
BNP Hosting shall be entitled to recover expenses, including
reasonable attorney's fees.
This
Agreement constitutes the entire agreement between User and
BNP Hosting with respect to the Service.
TOS last updated July 1, 2005
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