Terms of Service:
Beareseller.biz follows the strict
guidelines of our customer privacy statement. Please make sure you
understand the Privacy statement fully.
Beareseller.biz provides Internet World Wide Web page hosting,
Marketing, and Development. Beareseller.biz has certain legal and
ethical responsibilities consisting with the use of its server and
equipment involved in these services.
Beareseller.biz general policy is to act as a provider of Internet
presence. Beareseller.biz has specific ethical concerns regarding the
use of its computers detailed below. Beareseller.biz reserves the right
to suspend or cancel a customer's access to any or all services provided
by Beareseller.biz when we decide that the account has been
inappropriately used.
Because Beareseller.biz offer unlimited
hosting for our reseller their are some restrictions that we must
address:
No Resellers:
As a reseller with Beareseller.biz, you can NOT have resellers
under you. You can not offer your clients the opportunity to resell
unlimited domain and web space. If you are hosting multiple account for
one client at one low price, then this is acceptable, however, you can
not allow them to resell account for you.
You can setup an affiliate link for
your hosting service and allow customers to signup and make a commission
on every package that they refer to you.
Any Beareseller.biz reseller caught
trying to allow customer to resell for you at one low price will be
immediately terminated and will not be notified of termination. Also,
there will be NO refund made due to termination.
Server Abuse:
Any attempt to undermine or cause harm to a server, or customer, of Beareseller.biz
is strictly prohibited.
Unauthorized use of other people's accounts or computers Beareseller.biz
will strongly react to any use or attempted use of an Internet account
or computer without the owner's authorization. Such attempts include
"Internet scamming" (tricking other people into releasing
their passwords), password robbery, security hole scanning etc.
Any unauthorized use of accounts or computers by a Beareseller.biz
customer, whether or not the attacked account or computer belongs to Beareseller.biz,
will result in action against the attacker. Possible actions include
warnings, account suspension or cancellation, and civil or criminal
legal action, depending on the seriousness of the attack.
IMPORTANT NOTE - Beareseller.biz has the right to discontinue service,
or deny access to anyone who violates our Policies or the terms and
conditions shown below WITHOUT WARNING OR PRIOR NOTICE. No refunds of
fees paid will be made if account termination is due to violation of the
terms outlined below. Customers may not run IRC, bots or clients.
Unacceptable uses also include, but are NOT limited to: Bulk emailing,
unsolicited emailing, newsgroup spamming, pornographic content, illegal
content, copyright infringement, trademark infringement, warez, cracks,
software serial numbers, and/or anything else determined by Beareseller.biz
to be unacceptable use of Beareseller.biz's services including abuse of
server resources.
Accounts may be terminated that include the following content or which
have links to the following content:
Providing material that is grossly offensive to the Web community
including blatant expressions of bigotry, racism, hatred, or profanity
Promoting or providing instructional information about illegal
activities, or promoting physical harm or injury against any group or
individual Displaying material containing obscene nudity or pornographic
material Displaying material that exploits children under 18 years of
age Acts of copyright infringement including offering pirated computer
programs or links to such programs, information used to circumvent
manufacturer-installed copy-protect devices, including serial or
registration numbers for software programs, or any type of cracker
utilities
Abuse of Traffic and Bandwidth:
Beareseller.biz's customers are privileged to be offered unlimited
traffic for their web sites. The intention of Beareseller.biz is to
provide a large space to serve web documents, not an off site storage
area for electronic files. All (90%) of your web pages (html) must be
'linked' with files (.GIF, .JPEG, etc.) stored on Beareseller.biz's
server. Web sites that are found to contain either/or no html documents,
a large number of unlinked files are subject to warning, suspension or
cancellation at the discretion of Beareseller.biz management. Any
customer who violates Beareseller.biz's Policies in abusing either
space/site transfer will be notified and given 2 days to remedy the
problem. If the problem is not resolved within the allotted period, the
client will be billed for the overages.
To maintain the integrity of our service the following limitations
apply:
Sites with banners, graphics or cgi scripts running from their domain
used on other domains. Sites with picture galleries (This is any site
where 50% of the files transferred is graphics) Sites offering download
files or archives. (This is any site where 50% or more of there monthly
traffic is from file downloads). Sites using more than 30% of system
resources for longer than 60 seconds. Sites running multimedia files
(QuickTime, Real Audio, Real Video, MP3).
Bandwidth is advertised as unlimited...but it is closely monitored , any
website with normal traffic will go unmonitored until you reach 10 GB
per month. It will still remain unlimited unless we feel that excessive
use is going to be the norm. Thereafter, normal data transfer cost of
$20.00/1GB/month will be billed to your account. . It is the customers
responsibility to monitor bandwidth usage. You will receive an e-mail
notice when you have gone over your allotted bandwidth. Beareseller.biz
may temporarily disable your website, until contact is made with the
client, if Beareseller.biz deems the bandwidth overage excessive. You
will have 7 days to pay for your overages before the account is sent to
collections.
Beareseller.biz will be the sole arbiter as to what constitutes a
violation of this provision.
Unsolicited Email (Spam):
Unsolicited commercial advertisements are not allowed in e-mail, and
will likely result in account suspension or cancellation. Commercial
advertisements are unwelcome in most Usenet discussion groups and on
most e-mail mailing lists. Inappropriate posting may result in account
suspension or cancellation. See the newsgroup or mailing list's charter
for whether advertising is allowed or not. "Spamming," or
sending a message to many different off-topic newsgroups, is
particularly unethical and will be treated as such. Sending a message,
especially an advertisement, to more than five or six recipients, is by
itself spamming unless the individuals have specifically requested to be
added to a mailing list on that topic. E-mail is a person-to-person
medium, not a broadcast medium. Upon your first Spam offense your mail
will be disabled for 72 hours. Upon your second Spam offense your entire
domain will be disabled for 72 hours and you will be fined $100.00 per
sent Spam. Upon your third offense your account with Beareseller.biz
will be terminated, you will be fined $200.00 per sent Spam. No refunds
will be given if your account is terminated for Spam.
CGI Scripts:
Each account comes with its own cgi-bin. You are free to use any CGI
scripts you wish, however we reserve the right to disable any CGI script
that effects normal server operation without prior warning.
Abuse of SMTP Mail Server:
We do not allow clients to send more than 2000 pieces of e-mail per day.
If you do send more than 2000 pieces of e-mail per day, your account
will be placed on hold for Network Abuse. If you are sending legitimate
e-mails and they total more than 2000 per day your account will be moved
to a special server that is specifically designed to handle high volumes
of e-mail. You will be charged $50.00/month in addition to your regular
hosting charges if your account is moved to this server. Please contact
admin@Beareseller.biz to have your domain moved.
Background Running Programs:
We may allow programs to run continually in the background. These are
considered on a one-to-one basis and an extra charge will be incurred
based on system resources used and operational maintenance needed.
IRC:
We currently do not allow IRC or IRC bots to be operated on our servers.
Payment Policies:
All accounts are set up on a month to month basis. All pricing is
guaranteed for the term of monthly payments. Beareseller.biz reserves
the right to change prices at any time, unless other terms have been
agreed upon. Any account not brought current within a week (7 days) of
e-mail notice or exceeding this time frame in any way is subject to
suspension. The customer is responsible for all money owed on the
account from the time it was established to the time that the customer
notifies Beareseller.biz by email (cancellation@Beareseller.biz)
requesting termination of services. All payment is in U.S. currency. Beareseller.biz
will bill each client $50 per returned check and $50 per wire transfer
received.
Cancellation:
Beareseller.biz reserves the right to cancel service at any time. All
fees paid in advance of cancellation will be pro-rated and paid by Beareseller.biz
if Beareseller.biz institutes it's right of cancellation. Any violation
of policies which results in extra costs will be billed to the customer
(i.e. transfer, space etc.)
All of Beareseller.biz's web hosting plans are backed by a 30 day money
back guarantee. If you are not completely satisfied with our services or
support within the first 30 days of service, you will be given a full
refund of the service amount. For web hosting services of 1 months or
less, the full contract amount less any overages will be refunded if Beareseller.biz
is notified within the first 30 days following activation. No refund is
available after the 30th day. This policy does not apply to any
additional services such as overages, referrer logs, real audio/video,
additional disk space, additional IP's, additional pop accounts, etc.
Cancellation of service, must be done
as the following:
Send an email to cancellation@Beareseller.biz
with your domain name, username, password, and a full statement allowing
us to cancel service.
Your files WILL BE DELETED when we receive this email. Phone or email
requests will not constitute acceptance of any cancellation and a refund
will NOT be given if cancellation is not properly requested. Refunds
will be made by company check or issued back to your credit card within
30 days of receipt of cancellation, if a refund is due.
Lawful Purpose:
Beareseller.biz reserves the right to refuse service to anyone.
Customers may only use Beareseller.biz server for lawful purpose.
Transmission of any material in violation of any Federal, State or Local
regulation is prohibited. This includes, but is not limited to
copyrighted material, material legally judged to be threatening or
obscene, and material protected by trade secrets. The designation of any
materials as such described above is left entirely to the discretion of Beareseller.biz
management. Regardless of the place of signing this agreement, the
client agrees that for purposes of venue this contract was entered into
in Reno, Nevada, and any dispute will be litigated or arbitrated in
Daytona Beach, Florida, The parties waive any objection based on
inconvenient forum in the context any manner of dispute resolution
commenced within the County of Volusia.
CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD Beareseller.biz
HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND
CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST Beareseller.biz,
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, IT'S AGENTS, EMPLOYEES OR ASSIGNS.
CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS Beareseller.biz
AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY
CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH Beareseller.biz's
SERVER; (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 CUSTOMER FROM Beareseller.biz's
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