SHARED HOSTING TERMS OF SERVICE

Bashys Hosting. provides web hosting services to subscribers around the world. The following terms of service are designed to provide the highest level of service available.
 

Content - Prohibited content - IRC - Proxies - Port Scanning - Commercial Advertising - ShoutCast Servers - Background Running Programs - PHP Shell - Server Abuse - Scheduled Maintenance and Downtime - Refunds - Limitations on Use - Account Setup, Termination, and Billing - Check Orders - Disabling of accounts due to overdue payment - Termination of accounts due to overdue payment - Cancellation Procedure - Parked Domain Names - Virtual Domain Names - Domain Name Transfers - Free Domain Name Registration - Extra Services for Customers - Limitation of Damages - General

Content

All services provided by Bashys Hosting. are to 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 Local law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, material that jeopardizes national security, or material protected by trade secret or other laws. The subscriber agrees to indemnify and hold harmless Bashys Hosting., from any claims resulting from the subscriber's use of Bashys Hosting services which damages the subscriber or any other party.

Note: Pornography and sex related merchandising are prohibited on any Bashys Hosting. server. This includes sites that may imply sexual content, or link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to Bashys Hosting servers or any other server on the Internet. Links to such materials are also prohibited.

Examples of prohibited content or links include (but are not limited to):

· IRC Software

· Pirated software

· Hacking sites, programs or archives

· Warez Sites

· Distribution of music files or any other material in which the account holder does not own the copyright.

· Adult Sites

· Game Servers (dedicated game server programs)


Bashys Hosting. will be the sole arbiter as to what constitutes a violation of this provision. Content that does not meet these standards will be removed without prior notice to the subscriber.


Housing of any of the following files is considered a violation of the terms of service:

IRC - We currently do not allow IRC, Egg Drops, BNC, or IRC bots to be operated on our servers or network. Files with references to IRC or any likeness thereof are prohibited. Also any program that acts like an IRC server or that provide chat functions that run as background processes are not allowed.

Proxies - We do not allow proxy servers of any kind, whether for personal or business use. Files with references to any proxy or likeness thereof are prohibited.

PortScanning - We do not allow any kind of port scanning to be done on or from our servers or network.

Commercial Advertising - Email -

· Spamming, i.e. the sending of unsolicited email, from any Bashys Hosting server or any server located on the Bashys Hosting network is STRICTLY prohibited. Bashys Hosting will be the sole arbiter as to what constitutes a violation of this provision. This also includes Optin Optout mail programs and mail that either directly or indirectly references a domain contained within an account at Bashys Hosting . In addition to termination of any account found to be in violation there will also be a £100 penalty fine applied for every valid spam complaint processed by Bashys Hosting staff.

· Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by Bashys Hosting customers must be Closed-loop ("Confirmed Opt-in"). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing lists of email addresses from 3rd parties for mailing to or from any Bashys Hosting.- hosted domain, or referencing any Bashys Hosting account, is prohibited.

· Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, denial of service attacks is prohibited.

· Email address cultivating, or any unauthorized collecting of email addresses without prior notification of the email address owner is strictly prohibited.

· Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org is prohibited.

ShoutCast Servers - We do not allow Shoutcast Servers due to bandwidth and load issues.

Background Running Programs - We ask that users request permission before enabling persistent background processes of substantial load.

PHP Shell - PHP Shells or any likeness thereof are prohibited. Files with any reference to PHP Shells or likeness thereof are prohibited.

Server Abuse - Any attempts to undermine or cause harm to a Bashys Hosting server or subscriber of Bashys Hosting is strictly prohibited including, but not limited to:

· Logging into a server or account that you are not authorized to access

· Accessing data or taking any action to obtain services not intended for you or your use

· Attempting to probe, scan or test the vulnerability of any system, subsystem or network

· Tampering, hacking, modifying, or otherwise corrupting or breaching security or authentication measures without proper authorization

· Transmitting material that contains viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computer's functionality or the operation of the System

· Interfering with, intercepting or expropriating any system, data or information

· Interfering with service to any user, host or network including, without limitation, by means of overloading, "flooding," "mail bombing," or "crashing" any computer system


You will be held responsible for all actions performed by your account whether it be done by you or by others.
All sub-networks of Bashys Hosting. and all dedicated servers must adhere to the above policies.


Scheduled Maintenance and Downtime

Bashys Hosting will use its commercially reasonably efforts to provide services 24 hours a day, seven days a week. Subscriber acknowledges that from time to time the services may be inaccessible or inoperable for various reasons, including periodic maintenance procedures or upgrades ("Scheduled Downtime"); or service malfunctions, and causes beyond Bashys Hosting control or which are not reasonably foreseeable by Bashys Hosting including the interruption or failure of telecommunications or digital transmission links, hostile network attacks, or network congestion or other failures. Bashys Hosting will provide at least 48 hours advance notice to the subscriber for Scheduled Downtimes, and will use commercially reasonable efforts to minimize any other disruption, inaccessibility and/or inoperability of its web servers. Bashys Hosting has no responsibility for downtime resulting from a user's actions. Also, the 100% network uptime guarantee does not apply for shared accounts.

Refunds

Refunds are entirely at Bashys Hosting’s discretion and not our normal practice.

Any violation of any of Bashys Hosting's policies will result in NO refund.

Limitations on Use

Any account using 15% or more of the server CPU or memory can be suspended and/or terminated.

Any account that uses excessive amounts of bandwidth can and will be subjected to bandwidth throttling and if exceeds the allotted amount there will be a charge of £2.00 per 1gb used and will be rounded to the highest amount, e.g. 1.2gb will be charged for 2gb. If you feel you may go over, please talk to us as we can offer a higher package or assign a bandwidth package,

Background Processes. Unauthorized background processes shall result in immediate termination of the account. Bashys Hosting maintains the right to cancel accounts at its discretion.


Account Setup, Termination, and Billing:

The account will be charged on the day the order is processed, regardless of the account billing date. The account will not be charged again until the next month's billing cycle. Billing dates are on the first and 15th of every month.

Check Orders: Accounts for subscribers who wish to pay by check will be setup when the check is received and cleared by Bashys Hosting.

Disabling of accounts due to overdue payment: Accounts will be disabled if payment is not received within 3 days of the invoice date. If your account has been disabled, you will be charged a reconnection fee of £15 in order to re-enable your account.

Termination of accounts due to overdue payment: If the account is not paid within 10 days of the invoice date, the account will be terminated and all information within the account will be deleted.

Cancellation Procedure: Valid proof of account ownership will be required to terminate an account. This includes, but is not limited to, billing information in the form of a partial credit card number or other payment information, or the billing password. Non-secure information, such as the contact email address or account billing address, is not sufficient as a security verification.

Parked Domain Names: There is a one-time fee of £15 for parking additional domain names. This fee is non-refundable.

Virtual Domain Names: Additional domains that point to a sub folder (Virtual Domains) are £5 per domain per month. This is a non-refundable fee.

Domain Name Transfers: Bashys Hosting shall not be held responsible for domain transfers. The account holder is responsible for completing any necessary domain name transfers.

Free Domain Name Registration: Bashys Hosting will register any available .com domain for free upon creation of a new account for all packages except Copper . The free domain offer does not apply to existing accounts, or to orders that did not request the free domain registration at the time the order was placed.

Free registration is for the first year only, subsequent renewals are as stated per year that the domain is renewed for.

Extra Services for Customers

All services such as backup and DirectAdmin are provided for a fee from the subscriber. It is the sole responsibility of the subscriber to maintain the subscriber's own backup of any data. Bashys Hosting. is not responsible for lost data or for lost data due to third party software that is not maintained by Bashys Hosting. programming staff. (DirectAdmin is not associated with Bashys Hosting.)

Limitation of Damages

Recovery of damages from Bashys Hosting may not exceed the amount of fees it has collected on the account.

General

Terms Of Service are subject to change without any prior notification.

These Terms of Service are a legally binding contract between the subscriber and Bashys Hosting.

By opening an account, the subscriber agrees to the above-stated terms.

Anything not listed in the Terms of Service is open to interpretation and change by Bashys Hosting. administrators without prior notice.

All prices, with the exception of the 30-day money back guarantee (if applicable), are nonrefundable and nonnegotiable.

The 30-day money back guarantee (if applicable) does not pertain to Virtual Dedicated and Full Dedicated server plans.

Any violation of these Terms of Service will result in termination of the account. Bashys Hosting. maintains the right to terminate accounts without prior notification.

We reserve the right to remove any account with 5 days prior notice.