Acceptable Use Policy (AUP) User Agreement
beHosting.com provides web hosting to numerous clients which means that we have a responsibility to protect each client and to provide the best services available. The following guidelines were established to ensure these crucial obligations are met.
These Policies, Guidelines, and Disclaimer are intended for all domains residing on beHosting.com servers, including regular hosting clients, resellers, and their clients. We ask that all clients reselling our hosting services in any way, including those providing non-virtual hosting services, implement these same Policies, Guidelines, and Disclaimers into their own web sites to ensure that the same are understood and met by their clients.
Resellers and their clients are bound by these same Policies, Guidelines and Disclaimers. By reselling and purchasing beHosting.com services, you hereby agree that beHosting.com shall not be held liable for any promises or failure of same that Reseller's extend to their clients, including but not limited to, quality of service, financial obligations, financial losses or any other claim NOT provided to Reseller in writing by beHosting.com. It is the legal duty and obligation of the Reseller to provide these policies and guidelines to its client(s).
Our packages are all designed to allow for bandwidth maximums, each dependent upon the package that you have chosen for your domain. None of our packages come with unlimited bandwidth.
When your site/s exceed bandwidth parameters, we must monitor bandwidth usage and adjust your billing histories accordingly. The fee for excess bandwidth is $2.50/GB for manual adjustments. If you pre-purchase extra bandwidth, you will be charged at the following rates:
Five (5) GB increments - $5.00/Month
Ten (10) GB increments - $10.00/Month
These include spamming (sending unsolicited advertising to those with which the customer has no existing business relationship, posting off-topic advertising in newsgroups); 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; passive spamming (promoting a web site hosted by beHosting.com by spamming from some other source), trolling (posting controversial messages in newsgroups to generate responses), mailbombing (inundating a user with email without any serious intent to correspond), generating a higher volume of outgoing mail than a normal user (5% or more of available system resources), and subscribing someone else to an electronic mailing list without that person's permission. A message is considered unsolicited if it is posted in violation of a newsgroup charter or sent to a recipient who has not requested the message. Making an email address available to the public does not constitute a request to receive messages. Distribution of mass emailing programs is also prohibited. All recipients on a mailing list must have personally subscribed. Mailing lists may not be used to distributed unsolicited email. Any customer repeatedly "mailbombed" or that attracts such behavior will be asked to leave. If you are not sure if your actions will be in violation, please ask first firstname.lastname@example.org . We also do not allow sites selling spamware.
The client must be 18 years of age to obtain our service.
Abuse of the rights of others (legal, philosophical, otherwise)
Examples of unacceptable activities in this regard include, but are not limited to:
- posting private information about a person without their consent
- defaming a person or business
- claim a relationship with or to speak for any business, association, institution or other organization for which you are not authorized to claim such a relationship
- post, transmit, or knowingly making available any information, software or other material which contains a virus or other harmful component which will have a deleterious effect on third party computers
- post or transmit any information, software, or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder.
You get the idea...
beHosting.com supports free speech on the Internet, and will not suspend or cancel a customer’s account simply because we disagree with the views expressed by you, the customer. Where there are allegations that a customer’s on-line activity has violated the legal rights of a third party, beHosting.com will not substitute itself for a court of law in deciding tort claims raised by the third party.
Abuse of the law
beHosting.com’s services may be used for lawful purposes only. Illegality includes but is not limited to: drug dealing; attempting without authorization to access a computer system; pirating (distributing copyrighted material in violation of copyright law, specifically MP3s, MPEG's, ROMs, and ROM emulators); gambling; schemes to defraud; 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; threatening bodily harm or damage to individuals or groups; violating U.S. export restrictions; stalking; or violating other state or federal law such as the Electronic Communications Privacy Act, the Computer Fraud and Abuse Act, or the Economic Espionage Act. Linking to illegal material is also prohibited. beHosting.com reserves the right to check system files, email, and other data on our servers for illegal content and materials, or for any other reasons deemed necessary.
Pornography and sex-related merchandising, or links to such material, even if legal, is not an acceptable use of beHosting.com’s servers.
Abuse of Server Resources
Running programs in the background on a beHosting.com’s server without beHosting.com’s prior written authorization, or running chat rooms, Internet Relay Chat, IRC bots, and the like are not acceptable uses of beHosting.com’s servers. Further, any continued usage of ten percent (10%) or more of our system resources is an undue burden on our system and is unacceptable. If your usage ever exceeds tewenty percent (20%) of system resources, you will be contacted and asked to eliminate the problem. In addition, any domain that exceeds fifty gigabytes of bandwidth traffic can be terminated without prior notice.
beHosting.com reserves the right to report illegal activities to any and all regulatory, administrative, and/or governmental authorities for prosecution.
The following examples of unacceptable behavior are non-exclusive, and are provided for guidance purposes. Please contact us prior to engaging in any activity that may be a violation of our policies if you are unsure.
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. Spawning dozens of processes. Port scans, ping floods, packet spoofing, forging router information, Denial of Service attacks, sniffers, flooding, spoofing, ping bombing, smurfs, winnuke, land, teardrop. Promulgation of viruses. IRC bots such as eggdrop. Any activity, whether or not the intrusion results in the corruption or loss of data, will be investigated and proper action taken. The presence of any of these programs, whether or not run, will result in action against the user including suspension or termination.
The client is responsible for all activity originating from the account unless proven to be a victim of outside hacking or address forgery. The client is responsible for securing their username/password. Use of beHosting.com's service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of the web space by the client. The following examples are offered: Web Publishing: requires knowledge of HTML, properly locating and linking documents, FTPing Web contents, Graphics, text, sound, image mapping, etc. FrontPage web publishing: knowledge of the FrontPage tools as well as Telnet and FTP understanding and capability. CGI-Scripts: requires a knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, CShell scripts, permissions, etc. Mail: a use of mail clients to receive and send mail, etc. The client agrees that he or she has the necessary knowledge to create and maintain their web space. Client agrees that it is not the responsibility of beHosting.com to provide this knowledge or support outside matter specific to beHosting.com's servers.
The client agrees that unless advanced notice of termination is giving in writing by client (email with a confirmation reply is acceptable, or cancellation through our client area the hosting term automatically renews upon expiration for the same contracted time period. The client agrees to pay the hosting fee for the renewed time period. If there is a valid credit card on file for the account, the client agrees to allow beHosting.com to automatically charge the credit card. If no valid credit card is on file, beHosting.com will email a system generated invoice to the account owner's email address on file.
The client agrees that a fee of $35 will be charged upon discovery that a change in the DNS has been made and beHosting.com is no longer actively hosting the client's account. This fee shall be charged only in the case where the client has not notified beHosting.com of account cancellation using our client area. This fee is in addition to any and all hosting fees which may be due on the account up to and including the current contract term.
The client agrees that it is their responsibility to keep all contact information, including email addresses current and accurate with beHosting.com . We can not be responsible for correspondence not received because of outdated contact information.
The client agrees that although beHosting.com offers domain name registration with the same system as our hosting orders, renewals and management of domain names registered through our system are the client's sole responsibility. Client will be listed as the administrative contact of the domain name, and will receive all emails pertaining to said domain name directly.
Full backups are made weekly, and backups of new/changed data made nightly. 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 any information. If loss of data occurs due to an error of beHosting.com, we will attempt to recover the data at no charge. If data loss occurs due to negligence of client in securing their account or by an action of the client, beHosting.com will attempt to recover the data from the most recent archive for a $75.00 fee.
beHosting.com maintains control and any ownership of any and all I.P. numbers and addresses that may be assigned to the client and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses.
MONEY BACK GUARANTEE
Regular Hosting Clients - Should you become dissatisfied with our services within the first 30 days of your account activation, we will refund your hosting fee (minus any setup fees paid.)
Reseller's - In the event that you become unsatisfied with our services within 30 days of your reseller account activation, only your initial account fees will be refunded. Once you have added a resold account to your Reseller Plan you will no longer qualify for the money back guarantee/refund. We can not be HELD LIABLE for any fees that you charge your clients.
beHosting.com does not refund domain registration fees.
LIMITATION OF LIABILITY
beHosting.com shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from beHosting.com’s servers going off-line or being unavailable for any reason whatsoever. Further, beHosting.com shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of beHosting.com’s servers.
beHosting.com shall be the sole arbiter of what is and is not a violation of these acceptable use policies. beHosting.com reserves the right to terminate an account at any time and for any reason that causes harm to any beHosting.com customer's web sites. beHosting.com reserves the right to delete all content and files upon termination. beHosting.com reserves the right to withhold any pre-paid funds for any site removed for violations of these policies. beHosting.com reserves the right to refuse, cancel, or suspend service at our sole discretion.
beHosting.com reserves the right to change these Policies without prior notice or warning. Non-enforcement of any part of these Policies does not constitute consent.
Violations of these Policies should be referred to us. All complaints will be investigated promptly and thoroughly.
We thank you for your business.