Terms
of Service (TOS) Hosting
Bits has the responsibility to protect each client and provide them
with the best services available. The following guidelines were
designed to insure these services.
Content:
All services provided by Hosting Bits may be used for lawful purposes
only. Transmission, storage, or presentation of any information,
data or material in violation of any United States Federal, State
or City law is prohibited. This includes, but is not limited to:
copyrighted material, material we judge to be threatening or obscene,
unlicensed software or files, or material protected by trade secret
and other statue. The subscriber agrees to indemnify and hold harmless
Hosting Bits from any claims resulting from the use of the service
which damages the subscriber or any other party.
Note: Pornography and sex-related merchandising are prohibited on
any Hosting Bits’ server. This includes sites that may infur
sexual content, or links to adult content elsewhere. This is also
true for sites that promote any illegal activity or content that
may be damaging to Hosting Bits servers or any other server on the
internet. Links to such materials are also prohibited. Viewing/downloading
of such information/data by Hosting Bits is not governed by Hosting
Bits’ policy, and is at your own discretion/free-will, and
may be governed by your state/federal government.
Examples of non-acceptable content or links
• Pirated software
• "Illegal MP3's"
• Hackers programs or archives
• File archive websites
• Warez Sites
• Pornography
Hosting Bits will be the sole arbiter as to what constitutes a violation
of this provision.
Traffic/Hits & Server Resource Usage:
Hosting Bits is pleased to offer our Managed Virtual Hosting plans.
Your account is limited to the allotted bandwidth/data transfer
included with your selected plan. To maintain the integrity of our
service the following traffic/usage limitations apply to Managed
Virtual Hosting plans.
• Sites with banners, graphics or cgi's running from their
domain being used on other domains.
• Sites with immense graphic archives or galleries.
• Sites offering immense download archives, such as .zip,
.tar, .ra and .GZ.
• Sites running large chat room gatherings.
• Sites using more than 5% of system resources
If you do violate any of limitations above, your account will be
required to be upgraded, suspended, or Hosting Bits may move your
site to a different server, to reduce the load on the server you
are currently residing. Hosting Bits will be the sole arbiter as
to what constitutes a violation of usage limitations. Bandwidth/data
transfer will go unmonitored until you near your account limit.
We will then send a warning email. Then, it will be suspended until
it is upgraded to another plan.
If
we have any suspicion of violation in the above policies, we reserve
the right to take action on your account.
Chat Rooms:
Hosting Bits does allow Managed Virtual Hosting clients to install
their own chat rooms. However, these tend to be large system hogs
and may fall into the usage limitations clause. We can help in advice
to providing you an efficient, less cpu-hogging chat room script.
You are free to run your own chat script, as long as it does not
hinder server performance.
Background Processes/Programs:
Hosting Bits may allow Managed Virtual Hosting client's programs
to run continually in the background, these are considered on a
one to one basis and an extra charge may be incurred based on system
resources used and operational maintenance needed.
Cron Jobs:
Hosting Bits does allow Cron Jobs to be conducted on our Managed
Virtual Hosting servers.
IRC:
Hosting Bits currently does not allow IRC or IRC bots to be operated
on our servers.
Idle
Timeouts:
Hosting Bits may disconnect any idle connection to the network.
Average timeouts are:
FTP - 10 minutes
Commercial Advertising - Email:
Spamming, or the sending of unsolicited email, from a Hosting Bits
account or using an email address that is maintained on a Hosting
Bits server is STRICTLY prohibited. For general reference, we consider
spam any email that is sent to more than 10 people at a time that
did not ask for it to be sent to them.
Hosting Bits will be the sole arbiter as to what constitutes a violation
of this provision. Opt-In email is acceptable, as long as Opt-Out/Removal
request are fully honored. Please make an effort to limit outgoing
mail on your account to no more than 1000 pieces per hour. Large
mailings are preferred to be sent from the hours of 12AM - 8AM PST
Server Abuse:
Any attempts to undermine or cause harm to a Hosting Bits server
or customer of Hosting Bits is strictly prohibited. Hosting Bits
will pursue legal action to the fullest extent for all abuse of
our servers.
Payment Terms:
User agrees
to pay Hosting Bits in accordance to the options given through the
Services provided by Hosting Bits under this agreement. User has
the responsibility to pay on-time for the Services provided by Hosting
Bits. On-time is defined as before and on the due date. If payments
are received any later, the user's account will be open to the grounds
of termination defined in the Suspension/De-Activation section.
Suspension/De-Activation:
If any terms or conditions are failed to be followed it will result
in grounds for account suspension or de-activation. Hosting Bits
reserves the right to remove any account without prior notice. If
Hosting Bits deactivates your account(s) for violating policy, your
will forfeit your rights to a refund...and none will be given. No
refunds for de-activated
accounts. Normal policy is a warning first, and account de-activation
the second offense. Serious offenses may cause immediate de-activation.
Thirty Day Money Back Guarantee:
The 30 day Money Back Guarantee is honored as long as the user cancels
their time within the 30 days of their order, and does not get its
account suspended by violating the above policies. Domain name registration
is not refundable.
Limitation of Liability:
You agree that Hosting Bits will not be responsible for any losses
that may incur where Services are accessed by third-parties through
illegal or otherwise unauthorized means, including but not limited
to situations where data is accessed through the exploitation of
security gaps, weaknesses or flaws which may exist in Hosting Bits'
servers.
Under no circumstances will Hosting Bits be liable for any consequential,
indirect, incidental, special or punitive damages, or loss of profits,
revenue, data or use by Customer, any of its customers, or of any
other third party, whether in an action in contract or tort or strict
liability or other legal theory. Hosting Bits will not be liable
to Customer, any of its customers, or any other third party, for
any loss or damages that result or are alleged to have resulted
from the use of or inability to use the Services, or that results
from mistakes, omissions, interruptions, deletion of files, loss
of data, errors, viruses, defects, delays in operations, or transmission
or any failure of performance, whether or not limited to acts of
God, communications failure, theft, destruction or unauthorized
access to Hosting Bits’ records, programs, equipment or services.
Notwithstanding anything to the contrary in this Agreement, Hosting
Bits’ maximum liability under this Agreement for all damages,
losses, costs and causes of actions from any and all claims (whether
in contract, tort, including negligence, quasi-contract, statutory
or otherwise) will not exceed the actual dollar amount paid by Customer
for the package which gave rise to such damages, losses and causes
of actions during the monthly pay period prior to the date the damage
or loss occurred or the cause of action arose.
If you have
any questions about the above terms of service, please contact
us.
Hosting
Bits will notify each and every customer by email before any policy
changes come into effect.
We
reserve the right to change or update policies without notice at
any time.
