Terms and Conditions
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OF SERVICE, YOU MAY NOT USE OUR SERVICES AND YOU SHOULD EXIT THE WEBSITE AND STOP USE OF OUR SERVICES IMMEDIATELY.
In this agreement “We”, “Us”, “Our” or “BHost” means BHost. and “You”, “Your”, or “Subscriber” means you, the individual or company subscribing to services from BHost.
We may update these Terms and Conditions from time to time and any changes will be notified to you via the e-mail address provided by you on registration or via a suitable announcement on our website. The changes will apply to the use of our services after we have given notice. If you do not wish to accept the new Terms and Conditions you should notify us immediately and will be given the right to cancel your service. If you continue to use your service after the date on which the change comes into effect, your use of the service indicates your agreement to be bound by the new Terms and Conditions.
We may transfer this contract to any group or associated company and to any business taking over the supply of the service or any part of the service. We may also sub-contract the service or any part of the service.
3. Service Level Agreement (SLA)
We guarantee that our network and server infrastructure will be available 100% of the time in each month, unless undergoing scheduled maintenance. Network availability normal functioning of all network infrastructure which includes but is not limited to routers, cabling, and switches. The Network infrastructure is defined as the portion of the network extending from the outbound port on your cabinet switch to the outbound port on the border router. Server infrastructure is defined as the hypervisor servers on which customer services are hosted. Services or software running on your virtual machines are not counted as part of our Service Level Agreement.
Downtime begins when an interruption is recorded in our monitoring system or a support ticket is opened indicating you are experiencing a problem.
In the unlikely event that network or server infrastructure availability should fall below 100% in a given month due to our fault, and this failure directly and adversely affects your service, you may apply for a service credit to the value of 5% of your monthly recurring charge per half hour of downtime (up to 100% of the monthly recurring charge) for the affected service.
This SLA does not apply during scheduled maintenance or under circumstances when the customer is in breach of these terms and conditions or if the customer has an overdue account.
4. Acceptable Use Policy
We reserve the right to suspend or terminate your service for breach of the Acceptable Use Policy. No credit will be given under the Service Level Agreement (SLA) for interruptions to service resulting from breach of this Acceptable Use Policy.
We reserve the right to test and / or monitor your compliance with the AUP.
You must not use our servers, network infrastructure or services to engage in, foster, or promote illegal, abusive, or irresponsible behaviour, including:
- Unauthorised access to any computer system or network, or any computer-stored data, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorisation of the owner of the system or network
- Monitoring of any system or network without express authorisation of the owner of the system or network
- Interference with any of our computer systems or network network infrastructure, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks
- Collecting or using email addresses, screen names or other identifiers without the consent of the person identified (including, without limitation,”phishing”, Internet scamming, password robbery, “spidering”, and “harvesting”)
- Collecting or using information without the consent of the owner of the information
- Use of any false, misleading, or deceptive TCP-IP packet header information in an email or a newsgroup posting
- Use of the service to distribute software that covertly gathers information about a user or covertly transmits information about the user
- Any conduct that is likely to result in retaliation against our network or website, or our employees, officers or other agents, including engaging in behaviour that results in any server being the target of a denial of service (DoS) attack
- Any other breach of US, European or international law
5. Impermissible Services
In addition to the conditions set out in the Acceptable Use Policy, we reserve the right to prohibit the use of certain services on our service. We do not permit:
- The reselling or provision of Virtual Private Network (VPN) services to the general public or to persons unknown to you (though the use of VPNs for non-public use are permitted).
- BitTorrent services or BitTorrent-related services. This includes, but is not limited to: “Torrent clients,” “Torrent trackers,” and hosting, storing or transferring “Torrent files.”
- Bitcoin mining or any other crypto-coin mining.
- Camfrog services or Camfrog-related services.
- Card sharing (“control word sharing”) or card sharing-related services. This includes, but is not limited to: “OSCam,” “CCcam,” “Newcamd” and “Cardservproxy.”
- IRC services or IRC-related services that connect to EFnet and/or Undernet. This includes, but is not limited to: “IRCd servers,” “eggdrops,” “bots,” and “bouncers.” (Connections to IRC networks other than EFnet or Undernet are permitted.)
- Tor servers.
- Port scanning (including for the purpose of academic / scientific research)
- Open mail relays
- Sending unsolicited commercial email.
- Using hosting services in any manner that is illegal or libelous.
- Storing or distributing material (including software) that infringes the owner’s copyright, trademark or patent.
- Advertisement of web links leading to material that infringes the owner’s copyright, trademark or patent.
- Acting as a directory service to external services that aid in infringing an owner’s copyright, trademark or patent.
- Use of unlicensed software the infringes the software author’s rights.
- Hosting sites promoted by means of unsolicited email or newsgroup spamming.
- Promoting services or software that assist in the distribution of unsolicited commercial email.
- Unauthorised probing, scanning or testing the vulnerability of other systems.
- Unauthorised monitoring of data or traffic on any system.
- Use of unauthorised IP addresses.
- Interference with internet services, including attacks by mass mailing and flooding.
- Transmission of any material that threatens or encourages harm or destruction of property or people.
- Transmission of any material that harasses another person.
- Posting of defamatory, scandalous, or private information about a person without their consent.
- Making fraudulent offers to sell or buy products, items or services.
- Activities amounting to forgery or impersonation.
- Anonymous proxy services.
- Any activity which gives rise to disruption of our network or business activities, or has potential to bring our reputation into disrepute.
6. Bulk or Commercial Email
You must comply with the CAN-SPAM Act and the Privacy and Electronic Communications (EC Directive) Regulations 2003 and other laws and regulations relating to the bulk sending of email or the send of commercial email. Furthermore you must ensure:
- Any recipients to which you send electronic mail have explicitly given consent to receive email from you via an affirmative measure e.g. an opt-in procedure
- You have procedures in place to permit recipients to revoke their consent e.g. an unsubscribe link
- Any domain names hosted on our network or system must have working and monitored abuse@ and postmaster@ email addresses
- These policies apply to messages sent using our service, or to messages sent from any network by you or any person on your behalf that directly or indirectly refer the recipient to a site or an email address hosted via your service. In addition, you may not use a third party email service that does not practice similar procedures for all its customers. These requirements apply to distribution lists prepared by third parties to the same extent as if the list were created by you.
- In the event that any IP address assigned to you is listed in an online spam database as a result of breach of this Acceptable Use Policy we reserve the right to protect its IP addresses and / or that of its suppliers.
7. Unacceptable Content
We do not permit the use of our network and / or services for the purpose of publishing, transmitting or storing illegal material including any content we reasonably believe:
- Constitutes, depicts, fosters, promotes or relates in any manner to child pornography, bestiality, or non-consensual sex acts
- Is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech
- Is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes
- Is defamatory or violates a person’s privacy
- Creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with a investigation by law enforcement
- Improperly exposes trade secrets or other confidential or proprietary information of another person
- Is intended to assist others in defeating technical copyright protections
- Infringes on another person’s copyright, trade or service mark, patent, or other property right
- Promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking
- Is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to us.
- For the purposes of this Acceptable Use Policy, “publishing, transmitting or storing” includes HTTP web content, email, USENET and bulletin board postings, chat, and any other type of transmission that relies on our network.
- We do not permit the use of VPS for the hosting of Torrent trackers.
8. Copyrighted Material
You may not use our services or network for the publication, distribution or transmission of copyrighted text, music, video, art, software, images or other work protected by copyright law unless you have received permission from the copyright holder to do so or copyright law permits such publication, distribution or transmission without the permission of the copyright holder.
You acknowledge that our systems, servers and equipment may from time to time be inoperative or only partly operational as a consequence of mechanical breakdown, maintenance, hardware or software upgrades, telecommunication connectivity problems or other causes.
We will rectify faults or problems and restore our system to full operational capacity as soon as reasonably practicable.
10. Limitation of Liability
We give no condition, warranty or undertaking and makes no representation to customers about the suitability of, or fitness of our service for your purposes other than those conditions, warranties, undertakings or representations expressly set out in these conditions.
We will not be liable to you or any third party for any indirect or consequential loss or damage, costs, expenses or other claims for consequential compensation whatsoever or howsoever caused which arise out of or in connection with this agreement, or for loss of profit, loss of business, loss of data, depletion of goodwill or loss occurring in the normal course of business or otherwise.
We will have no liability for any loss or damage to any data stored on Servers or back-up facilities. You must maintain adequate insurance cover in respect of any loss or damage to data stored on Servers or back-up facilities.
Our service is pre-pay. Once you have paid for a period of service, no refunds can be issued. Exceptions are only possible as per our moneyback guarantee as follows: if you are a new customer and you cancel your service within 14 days (336 hours) of ordering, we will issue a full refund upon request.
We reserve the right to terminate your service with no notice or liability for breach of our terms and conditions, or for any other reason. No refunds will be issued under any circumstances.
13. Governing Laws
This agreement, and any dispute, controversy, proceedings or claim of whatever nature arising out of or in any way relating to it or its formation, shall be governed by and construed in accordance with the laws of England. The parties irrevocably submit to the exclusive jurisdiction of the courts of England to hear and determine any suit, action or proceedings or settle any disputes arising out of or in connection with this agreement and to enforce any judgment against their respective assets.