The access and the use of BMH sites is a subject of an acceptance of the following terms and conditions ("Terms"). By accessing, using or obtaining any content, data, materials, information, products or services through our sites, you agree to observe these Terms.
Use of any BMH service constitutes acceptance and agreement to the BMH Services Web Hosting Acceptable Use Policy (AUP) as well as the BMH Services Web Hosting Terms of Service (Terms). BMH Services may modify the Policy and the Terms at any time in its sole discretion. Any modifications are effective upon posting on the BMH Services web site. Customer understands that change to the Terms or the Policy by the company shall not be grounds for early contract termination or non-payment.
Term and Payment for Services
Term
This agreement shall be for an initial term of 1 month, 6 months or 1 year from the date of the BMH service order form, unless otherwise arranged (for different time terms please email admin@bmhsrv.com)
Unless terminated by BMH or cancelled by the customer, this agreement will automatically renew for successive terms of another month, 6 months or an year, unless otherwise arranged.
Payment
All services must be paid in advance by credit card or by check for service delivery or at the due date term. Customer authorizes BMH to charge credit card to pay for any charges that may apply to customers account. Credit cards will be charged for the following term on or about the beginning date of each term. Any additional charges incurred during the prior term will also be charged on or about the beginning date of each term. It is the responsibility of the customer to maintain current and accurate billing information via BMH account. If a credit card charge is declined or check returned for any reason $25.00 will be assessed and an email will be sent to the customer with a 72 hour termination of service notice. After 72 hours, the credit card will be charged; or check re-deposit in 3 days. If payment declined again, the account will be terminated. Customers may reactivate their accounts within 10 business days after termination for an administrative fee of $175.00.
Cancellation
Customer may cancel service by emailing billing@bmhsrv.com. The form must be submitted at least 10 business days prior to the start of the next billing term in order to avoid an additional months charges. BMH Services will not issue partial refunds or credits for early cancellations
Refund and Disputes
We have 30 refund policy. All payments to BMH Service after the 30 days grace period are nonrefundable. This includes all fees, regardless of usage. Any overcharges or billing disputes must be reported within 60 days of the date the disputed charge occurred. If a charge is disputed via the credit card issuer on a valid services rendered in accordance with the Terms or Policy - customer agrees to pay an administrative fee of $100.00.
Acceptable Use Policy
Introduction
During the term of its agreement with BMH Services, the customer must ensure that the use of any resource offered to the customer or owned or controlled by BMH ("Service") conforms with BMH Services current Acceptable Use Policy ("AUP"). BMH Services may modify, without prior notice the AUP as BMH Services deems appropriate; such modified AUP is effective upon posting on BMH Services website.
Responsibility
You are responsible for all sites that you host to be in accordance with all rules on this page. Misuse by you may result in actions on your account, including removal from the host without a refund.
Inappropriate Use
Your website must not be used to publish, post, distribute or otherwise disseminate unlawful material or information including, but not limited to: threatening, harassing, defamatory, obscene, or fraudulent information and materials, or proprietary, copyrighted, or otherwise intellectually protected information and materials for which Customer does not have authorization or authority to possess or distribute. Your site must not be used to request unlawful services or materials. The provided service must not be used for activities BMH deems to impact its customers or ability to deliver services to its customers. Such activities may include, but are not limited to:
Obscene Speech or Materials
The distribution of child pornography or any obscene, abusive, defamatory or threatening speech or material. You may not host any site containing adult oriented content, including nudity of any kind. Portal sites linking directly to adult oriented content are also not acceptable.
Intellectual Property Infringement
Any activity infringing on the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, and patents.
Spamming
Sending unsolicited commercial bulk email ("UCE"), news postings or chain letters; advertising transmitting, or otherwise making available any software, program, product, or service that is designed to facilitate sending UCE; use of web pages that allow "spamming" (known as "ghost sites") that directly or indirectly refers to domains or IP addresses hosted by BMH. BMH Services reserves the right to determine in its sole discretion what constitutes UCE based on the regulatory information available. Sending any email to purchased lists or lists obtained by any other method (such as harvesting) is not acceptable. Customers may only send email to recipients who have joined mailing lists directly from their site.
Maintaining an Open Email Relay
Allowing email to be sent through BMH system by a third party it is not permitted neither to nor from BMH Customers accounts.
Fraud
Using a false identity; using pyramid/ponzi scheme; storage or transmission of any intentionally incorrect data or packet it is not permitted.
Glutting of servers
Oversized storage of any files that would be unreasonably large (ie. making a zip file filled with text files just to pad the size). Again, your webspace is not for data back up. It is only for hosting web sites ans applications.
Virus, Worm, or Trojan horse program distribution
The deliberate transmission of computer viruses, worms or trojan software it is not permitted.
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Denial of Service
Using any technique to intentionally degrade or disable the delivery of any legitimate data it is not permitted.
Unauthorized Access
Attempting to gain unauthorized entry to any site or network, or any network or host scanning, probing, monitoring or other information gathering associated with such activity; using the Service to guess passwords it is strictly prohibited.
Applications
Customer may not run any program or script on the server that runs constantly or 'listens' on ports unless provided in the control panel, or allowed explicitly by BMH. This includes applications associated with chat services.
Public Forums
Inappropriate postings to newsgroups, chat rooms, electronic bulletin boards and any other public forum on, or using, the Service .
Customer Responsibilities
Bulk Email
Customers sending bulk email must provide recipients with an easy and effective mechanism for removal from bulk email list. Customer must include the source of the addressee's address in each bulk email message.
Resource Usage
Sites may not use extreme unwarranted resource of cpu usage. This includes usage of anti- spam & virus engine, "heavy" scripts, and Flash/ shockwave files. By heavy we mean oversized without cause, to the point where most users would be unable to view them in a reasonable amount of time. No single site may consume 30% of CPU usage for a sustained period of time.
Service Resale
Customer may not resell the provided BMH IT service solution, whole or at any portion, unless BMH Reseller contract is in place.
Password Protection
Customer is responsible for protecting passwords and for any authorized or unauthorized use of them.
Music and Video Files
Customer may not without permission have sound/video files in any format (MP3, ASX, ASF, RA, RAM , QTV) due to the high rate of illegal transfer of copyrighted material.
Content Protection
Customer agrees to provide appropriate protection to prevent minors (persons under 18 years of age) from accessing any unsuitable material that Customer publishes via any BMH provided Service
Content Ownership
Customer is responsible for all content or information residing on, or obtained, or transmitted via, the BMH provided Service, regardless of whether such use is by Customer.
File repository / Dump Site
Customer may not use disk space as a file repository, or dump site. This includes but is not limited too; warez, serialz, sound files, applications, zip files. This includes using the space in order to store content used on other sites (remote linking). Examples of this would be using the web space to store images for auction descriptions, flash or any other files used on another site but stored on our server.
Free Email / Hosting Sites
We do not offer free POP email accounts nor free hosting.
Facilitating AUP Violation
Customer activity that facilitates the violation of this AUP by any party constitutes a violation of this AUP by Customer.
AUP Enforcement
Violation of the AUP may subject Customer to international, federal, and/or state civil and/or criminal liability. BMH Services reserves the right in its sole discretion and without prior notice to suspend and/or terminate Customer's access to any service at any time for violating this AUP. BMH Services also reserves the right to suspend, filter or block, and/or terminate Customer's access if Customer's account is being used to exploit or attack the BMH or the networks of others. If Customer's account has been compromised and attempts to reach Customer and/or to have Customer repair a breach of security fail, BMH Services reserves the right to suspend or terminate Customer's service. If Customer's access is suspended or terminated, BMH Services, in its sole discretion, may refuse to accept all new e-mail sent to the terminated e-mail address and delete Customer's data stored on Service. BMH Services will fully cooperate with law enforcement authorities in the detection & prosecution of illegal activity.
Violation of Rules
Breaking any of these aforementioned rules may result in immediate account suspension with out refund, as well as criminal prosecution where deemed necessary.
Limitation of Liability
BMH Services shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from servers or servcies going off-line or being unavailable for any reason whatsoever.
Further, BMH Services shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from a corruption or deletion of site data. All damages shall be limited to the immediate termination of service.
BMH Services shall be the sole arbiter of what is and is not a violation of these acceptable use policies,
BMH Services reserves the right to terminate an account at any time and for any reason that causes harm to any customer's web sites.
BMH Services reserves the right to delete all content and files upon termination. BMH reserves the right to withhold any pre-paid funds for any site removed for violations of these policies.
BMH Services reserves the right to refuse, cancel, or suspend service at our sole discretion.
BMH Services reserves the right to change these Policies without prior notice or warning. Non-enforcement of any part of these Policies does not constitute consent. |
1.5 GB Storage
