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Hosting TERMS

Violation of Bizarre-Host Internet's Terms Of Service will be considered immediate grounds for termination of services and no refunds will be given.

Shared/Reseller Terms and Conditions
Last updated
May 21 2006 23:15:13 (GMT +1)

This Services Agreement contains the complete terms and conditions which govern your subscription of Web hosting, e-Commerce and other Internet-related services provided by Bizarre-Host. As used in this Agreement, "Bizarre-Host" means bizarre-host.com, and "Client", "you", or "your" means you. By clicking on the "Submit Order" button, you acknowledge that you have read the Agreement, and you agree to its terms and conditions and all policies posted on the Bizarre-Host site. As referred to in this Agreement, "Site" refers to a World Wide Web site and "Bizarre-Host Site" refers to the Site located at the URL http://www.bizarre-host.com, or any other successor Sites owned or maintained by Bizarre-Host.

VIOLATION OF ANY SECTION OF THESE TERMS IS STRICTLY PROHIBITED AND MAY RESULT IN THE IMMEDIATE TERMINATION OR SUSPENSION OF THE SERVICES CUSTOMER RECEIVES FROM BIZARRE-HOST AND ALL REFUNDS WILL BE FOR FITTED.

1. ORDER VALIDITY

Client certifies that the information provided in the order form is accurate, and any payment instrument used is legitimate. You may only signup using your own personal details, signing up with somebody else's or invalid details with or with out their consent will resolve in account termination and any refund will be for fitted.

In the event that an order is submitted with stolen credit card data or falsified contact information, client agrees to pay a $500 account handling fee PLUS all legal and investigative fees incurred by Bizarre-Host in tracking client's IP address to their internet provider and subsequent prosecution under civil and / or criminal law.

Bizarre-Host takes fraud very seriously, and reports all instances to the credit card processors and the authorities.

2. APPROPRIATE USE OF THE SERVICES.

Bizarre-Host provides the Services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such Services.

2.1 Client Content

Client agrees that it will not distribute, electronically transmit or display any materials supplied by Client - or through Client by a third party - to any Bizarre-Host server in connection with Client's use of the Services.
Disallowed content includes but is not limited to:

Pirated software, pirating (distributing copyrighted material in violation of copyright law, specifically MP3s, MPEG's, ROMs, and ROM emulators)
Hacker programs or archives
Torrent tracker/website
Warez sites
Proxy software
Pornography and sex-related merchandising; trafficking in obscene material; sending a message or having content that is obscene, lewd, lascivious, filthy, or indecent with intent to annoy, abuse, threaten, or harass another person
Schemes to defraud
Threatening bodily harm or damage to individuals or groups
Violating U.S. export restrictions
Stalking
Spamming - (sending unsolicited advertising to those with which the customer has no existing business relationship, posting off-topic advertising in newsgroups)
HYIP Websites - (High Yield Investment Programs)
Trading with securities, bonds.
Online/Offline Banking.
Gambling, loteries, betting.
Pharmacy, prescription drugs, steroids.
Spoofing (using a return email address which is not the valid reply address of the sender or sending an email message which does not contain enough information to enable the recipient to identify the party who is really sending the message
Trolling (posting controversial messages in newsgroups to generate responses)
Mail bombing (inundating a user with email without any serious intent to correspond)
Subscribing someone else to an electronic mailing list without that person's permission
Distribution of mass emailing programs
Server broadcast messages or any message sent on an intrusive basis to any directly or indirectly attached network
Attempt to circumvent any user authentication or security of host, network, or account
Accessing data not intended for user
Probing the security of any network
Promulgation of viruses
IRC bots such as eggdrop or BitchX
Violating other state or federal laws, including the Electronic Communications Privacy Act, the Computer Fraud and Abuse Act, or the Economic Espionage Act.
Or linking to websites of the above nature.

2.2 Data Transfer (Bandwidth)

Client may occupy only the amount of disk space on the Bizarre-Host' Server and utilize no more than the network bandwidth that is allotted by Bizarre-Host. Additional fees, specified on the Hosting upgrade page, will be charged for exceeding the disk space and/or network bandwidth allowance of your selected plan. NOTE: The bandwidth numbers available in the control panel only account for web, POP E-Mail and FTP bandwidth. If you are using excessive SMTP, SSL or sendmail traffic, your bandwidth numbers can be higher.

2.3 CPU resources

Client may not use excessive CPU resources. This ensures a fast server environment, and an equitable share of server function for all clients. Any script, streaming media, or downloads that use exceptionally high server resources (such as constant and extended mail server use) may have to be removed unless suitable arrangements are made with Bizarre-Host. While we will make every effort to work with the Client, Bizarre-Host reserves the right to immediately terminate any process and / or account that compromises the server's ability to deliver content for our clients.

Resource usage considered excessive on Standard shared and reseller accounts:

40% of CPU or Memory resources for more than 90 seconds.
10% of CPU or Memory resources for an extended period of time.

Resource usage considered excessive on Budget shared and reseller accounts:

20% of CPU or Memory resources for more than 90 seconds.
10% of CPU or Memory resources for an extended period of time.

In addition to these restrictions, Budget accounts are not allowed to use more than 10 cron tabs and none of these cron tabs are allowed to run more frequently than every 5 minutes.

Client may not install or use an IRC bouncer, IRC bot or server program (such as psyBNC). Such program processes are automatically terminated by the server, and accounts running such utilities will be deleted.

2.4 Sub-accounts

Client may NOT resell space within their account. Each account is for the sole use of the Client. Evidence that space is being resold may be grounds for termination. This applies to resellers as well...each resold client is expected to have their own account.

2.5 Email Policy

Email Spam. Bizarre-Host has a zero stance policy on SPAM, Junk E-mail or UCE. Spam, Junk-mail and UCE are defined as: the sending of the same, or substantially similar, unsolicited electronic mail messages, whether commercial or not, to more than one recipient. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. UCE also includes e-mail with forged headers, compromised mail server relays, and false contact information. This prohibition extends to the sending of unsolicited mass mailings from another service, which in any way implicates the use of Company whether or not the message actually originated from our network.

Block Removal. If Customer actions have caused Bizarre-Host mail servers or Bizarre-Host IP address ranges to be placed on black hole lists and other mail filtering software systems used by companies on the internet, Customer will be assessed a $100 charge to Customer account and $100 per hour for administrative charges incurred to remove and protect mail servers and IP ranges.

Drop-Box Accounts. Using this network for the receipt of replies to unsolicited mass email (spam) sent from a third-party network is prohibited.
Header Forgery: Forgery of email headers (.spoofing.) is prohibited.
Proxy Spamming: Spamming via third-party proxy, aggregation of proxy lists, or installation of proxy mailing software is prohibited.
Relaying. Configuration of a mail server to accept and process third-party messages for sending without user identification and authentication is prohibited.

Mass Mailings: Sending mass unsolicited email is considered spam. Unsolicited email is defined as email sent to a recipient who has not double-opted in to mailings from the Customer. Senders of mass mailings must maintain complete and accurate records of all opt-ins, including the email and its headers if applicable, and provide such records to Bizarre-Host upon request. If positive and verifiable proof of opt-in cannot be provided, complaints from recipients of the mailing are considered proof they did not subscribe and the mailing is unsolicited.

Mailing Lists: Bizarre-Host's mass mailing rules also apply to mailing lists, list servs, or mailing services contracted for by Customer. The policy is stated as follows: An acceptable mailing list will be focused at a targeted audience that has voluntarily signed up for e-mail information using a double opt-in process or that has made their e-mail address available to Customer for distribution of information. The list must allow for automatic removal by all end Customers with non-distribution in the future. The list must also include an anti spam text and an unsubscribe link at the TOP of every list send out.

2.6 Child Pornography

Bizarre-Host will cooperate fully with any criminal investigation into a Customer's violation of the Child Protection Act of 1984 concerning child pornography.

According to the Child Protection Act, child pornography includes photographs, films, video or any other type of visual presentation that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years or any written material or visual representation that advocates or counsels sexual activity with a person under the age of eighteen years.

Violations of the Child Protection Act should be reported to the U.S. Customs Agency at 1-800-BEALERT.

2.7 Licensed Software Only

Client agrees to use only properly licensed third party software in connection with Client's use of the Services.

2.8 Back-Up Files

Full backups are made weekly for standard shared and reseller accounts.
No backups are made for budget shared and reseller accounts.
No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. It is the clients' responsibility to maintain local copies of their web content and information. The "Backup" feature is included in CPanel and client can use this tool to back up their files. If loss of data occurs due to an error of Bizarre-Host, we will attempt to recover the data at no charge to the client. If data loss occurs due to negligence of client in securing their account or by an action of the client, Bizarre-Host will attempt to recover the data from the most recent archive for a $25.00 fee.

2.9 Termination

Bizarre-Host reserves the right to refuse service to anyone. Bizarre-Host, in its sole discretion, may immediately suspend any account and/or terminate this Agreement if Client engages in any of the foregoing or is in any way promoting any such activities.
To report any unacceptable behavior by a third party using the Services, please contact abuse@bizarre-host.com.
Accounts terminated for violating these terms will not be eligible for any refunds.
Clients account will be terminated if payment has not been made within thirty (30) after the account has expired.

3. PAYMENT OBLIGATIONS

3.1 Service Fees

In order to provide the best possible hosting value for our clients, we require clients to make timely payments. Bizarre-Host will send out an invoice seven (7) days before payment date, the client must pay the invoice within fourteen (14) days or the account will be suspended.

3.2 Hosting

On the due date of each month, Bizarre-Host shall receive the scheduled fees from PayPal from the ongoing subscription,

Bizarre-Host may apply a $10 reactivation fee for any account that has been suspended for non-payment. Bizarre-Host shall be entitled to immediately terminate this Agreement for Client's failure to make timely payments to Bizarre-Host.

If Client terminates this Agreement in accordance with Section 5 hereunder, Client shall be responsible for any outstanding fees owed to Bizarre-Host and agrees to pay any and all fees incurred by Client. Because the Services are provided on a monthly basis, Client will be responsible for Service fees incurred each month regardless of when Client provides notice of termination. Thus, for example, if Client provides notice to terminate following the due date of a particular month, Client will still owe fees for the entire month and such fees will not be pro-rated or refunded. If Client has retained the Services for one (1) year and has pre-paid Bizarre-Host for such Services, refunds will be issued for any unused full month portions of the Services upon Clients request.

4. CLIENT LIABILITY AND INDEMNIFICATION

The parties agree that in no event shall Bizarre-Host be liable to any third party for Client's breach or alleged breach of any of the terms and conditions set forth in this Agreement. Client agrees to defend, indemnify and hold harmless Bizarre-Host from any and all expenses, losses, liabilities, damages or third party claims resulting from Client's breach or alleged breach of any Client obligations set forth thereunder.
Client agrees to take full liability should any security measures be disabled on client's account.
Any and all abuse on Client's account when security measures are disabled will be considered to be caused by the Client him/her self and will be held fully responsible.

5. TERM, TERMINATION & REINSTATEMENT

Subject to the terms and conditions hereof, this Agreement shall be effective on the date you register for the Services, and shall continue in effect on a month-to-month basis unless otherwise specified by separate agreement (the "Term") unless terminated earlier pursuant to the provisions of this Section. Either party will have the right to terminate this Agreement upon notice to the other party. Failure of Client to remit payment is not sufficient notice for cancellation of service, and fees will continue to accrue until account deletion by Bizarre-Host or proper cancellation by Client.

Sections 3-10 of this agreement shall survive termination or expiration of this Agreement. Reinstatement of accounts terminated by Bizarre-Host will be at Bizarre-Host sole discretion.

Violating these terms will result in account termination without the possibility of re-funds.
Should Bizarre-Host decide not to terminate Client's account after an abuse, Client's rights to any refunds will have been for fitted and no refunds will be applicable for the lifetime of Client's account.

6. Reseller Policy

Reselling is only allowed on "Reseller accounts", Shared hosting accounts are not allowed to be resold. Resellers are responsible for the conduct of their Customers and by agreeing with these terms, agree that their Customers will adhere to these terms. Resellers should make their perspective Customers aware of these terms and the consequences for violation.

7. TAXES

Client will pay and indemnify and hold Bizarre-Host harmless from any and all taxes associated with or arising from Client's use of the Services, including any penalties and interest and any costs associated with the collection or withholding thereof.

8. DISCLAIMER OF WARRANTY

THE SERVICES, THE Bizarre-Host' SITE, INCLUDING WITHOUT LIMITATION, ALL PRODUCTS AND SERVICES DISPLAYED OR OFFERED ON THE Bizarre-Host' SITE, AND ALL TEXT, GRAPHICS, LINKS AND APPLICATIONS ARE PROVIDED TO CLIENT ON AN 'AS IS' BASIS AND WITHOUT WARRANTY OF ANY KIND. Bizarre-Host DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO EACH OF THE FOREGOING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Bizarre-Host SPECIFICALLY DISCLAIMS ANY WARRANTY THAT (1)THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (2) DEFECTS WILL BE CORRECTED; (3) THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS; AND (4) THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT.

9. LIMITATION OF LIABILITY

IN NO EVENT SHALL Bizarre-Host BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF DATA, PROFITS, USE OF THE Bizarre-Host SITE OR ANY Bizarre-Host PRODUCTS OR SERVICES, OR FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH ANY PRODUCTS OR SERVICES PROVIDED THEREUNDER.

10. MISCELLANEOUS

10.1 Notices

Any notices or communication under this Agreement shall be in writing and shall be deemed delivered to the party receiving such communication at the address specified below

If to Bizarre-Host:

Bizarre-Host
Sanatoriev 12
282 31 Tyringe
Sweden
support@bizarre-host.com

10.2 Client contact info

Client agrees to keep Bizarre-Host updated on address or telephone changes, and maintain an accurate contact E-Mail address outside of client's domain.

10.3 Severability

If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted. This Agreement (including the Exhibits, attachments and/or addenda, if any,) represents the entire agreement of the parties with respect of the subject matter hereof and supersedes all prior and/or contemporaneous agreements or understandings, written or oral between the parties with respect to the subject matter hereof. This Agreement and the rights granted and obligations undertaken thereunder may not be transferred, assigned or delegated in any manner by Client, but may be so transferred, assigned or delegated by Bizarre-Host. Any waiver or any provision of this Agreement, or a delay by any party in the enforcement of any right here under, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right. In any legal proceeding between the parties under this Agreement, the prevailing party shall be entitled to recover its costs, expenses and reasonable attorneys' fees. This Agreement is made under and shall be governed by the laws of the United States of America, except with regard to it.s conflict of law rules. This Agreement and Bizarre-Host. policies are subject to change by Bizarre-Host without notice. A copy of the most recent Agreement will be available on the Bizarre-Host Site. Continued usage of the Services after a change to this Agreement by Bizarre-Host or after a new policy is implemented and posted on the Bizarre-Host' Site constitutes your acceptance of such change or policy. We encourage you to regularly check the Bizarre-Host' Site for any changes or additions.

Bizarre-Host is the sole owner of the information collected on this Web site. We only gather information we need to serve you better and will not - without your consent, - sell, share, or rent this information to others in ways different from what is disclosed in this statement except in cases where in good faith we believe that the law requires us to do so, it is necessary to protect Bizarre-Host's rights and/or property, or if circumstances necessitate acting to protect the personal safety of staff or of the public.