BMC Internet Hosting Agreement

BMC Internet provides Internet World Wide Web page hosting. BMC Internet has certain legal and ethical responsibilities consisting with the use of its server and equipment involved in these services. BMC Internet 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.

Any attempt to undermine or cause harm to a server, or customer, of BMC Internet is strictly prohibited.

BMC Internet 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 BMC Internet customer, whether or not the attacked account or computer belongs to BMC Internet, 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.

Customers may not run IRC, bots or clients. Unacceptable uses also include, but are NOT limited to: Bulk emailing, unsolicited emailings, newsgroup spamming, pornographic content, illegal content, copyright infringement, trademark infringement, warez, cracks, software serial numbers, and/or anything else determined by BMC Internet to be unacceptable use of BMC Internet's services including abuse of server resources.

Unacceptable Content

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
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• 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

For those who will go over their account's allocated limit, traffic fees for over-the-limit usages will apply. For every over the limit GB, $5.00 per 1GB per month will be billed to your account.

You will receive a notice detailing your bandwidth usage.

You will have 7 days to pay for your overages. If you do not pay for your overages your site will be disabled within 14 days of your first notice.

BMC Internet 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 BMC Internet 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.

Chat Rooms

We do not allow clients to install their own chat rooms, without approving it with the BMC Internet Support Team. Most chat rooms tend to be large system hogs and we cannot allow it as an account option. However, we do provide a choice of Java chat rooms for a small extra charge that will more than fill your needs and run without hindering the performance of the machine for others.

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. Please contact us to have your domain moved. Additional charges may apply.

Background Running Programs

We MAY allow programs to run continually in the background. BUT, 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. You need to contact us first before installing any such program.

IRC

We currently do not allow IRC or IRC bots to be operated on our servers.

48 Hour Guarantee

We will setup your account within 48 hours of confirming and/or receiving your payment.

Uptime Guarantee

Coverage
Our uptime guarantee applies to any of BMC Internet clients in good financial standing with BMC Internet at the time of a service outage.

Service Level
BMC Internet endeavors to have the content of your web site available for http access by any party in the world at all times. However, should incidents beyond our control occur (floods, earthquakes, etc. affecting you or affecting us: see restrictions below), we cannot be held responsible for the lack of Internet access to your Web site.

Credits
In the event that your web site is not available for more than a day, BMC Internet will credit the following month's service fee as follows. For any shared hosting client, such credit shall be retroactive and shall be as calculated below and as measured 24 hours a day in a calendar month.

Monthly Uptime	Credit
95% and below	25%
90% to 94.9%	50%
89.9% or below	100%

In order for you to receive a credit on your account, you must request such credit within ten (10) days after you experienced the down time. You must request credit by sending an electronic mail message to info@/. For security, the body of this message must contain your account info, the dates and times of the unavailability of your website, and such other customer identification requested by BMC Internet. Credits will usually be applied within sixty (60) days of your credit request. Credit to your account shall be your sole and exclusive remedy in the event of an outage. Credits are defined as additional hosting time added to your account because of our not meeting our uptime guarantee. Thus, a 100% credit means that you will be given a free month of Web-hosting to be used towards the end of your contract term. Because refunds are not given, early termination will also cause you to lose any credit you may have earned during your hosting time with us.

Restrictions
Credits shall not be provided to you in the event that you have any outage resulting from (1.) scheduled maintenance as posted from time to time at BMC Internet, (2.) your behavior or the performance or failure of your equipment, facilities or applications, or (3.) circumstances beyond BMC Internet's reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services, including DNS propagation, domain name registration / transfer, failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of your web site, or (4.) a client breaking any item in BMC Internet's "terms of conditions and acceptable use policy" causing a machine to fail as a result.

Backup Policies

We strive to backup all of our customer data every 24 hours. Customers must understand that these backups are meant for whole servers, not individual accounts. In other words, if the whole server fails, we may be able to restore ALL server accounts up to the last 48 hours, but we may not restore accounts on a per customer basis. Customer must therefore ensure that their accounts are individually backed up by themselves at least every day. It is important for customers to understand that their daily backup may at times be more current than our backup if our backup goes back to the previous night. They must also understand that restoring all account on a given server after a server crash can take up to 72 hours. A customer with a personal, current backup may, at times, be able to restore their own account faster than us. We therefore highly recommend backing up your accounts personally every day.

Intellectual Property Rights

Material accessible to you through BMC Internet's services may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use BMC Internet or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the BMC Internet network. If you use a domain name in connection with BMC Internet or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.

Network Security

Customers may not use BMC Internet network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. BMC Internet will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.

Electronic Commerce

You will be solely responsible for the development, operation and maintenance of your online store and products and all contents and materials appearing online or on your products, including without limitation (a) the accuracy and appropriateness of content and materials appearing within the store or related to your products, (b) ensuring that the content and materials appearing within the store or related to your products do not violate or infringe upon the rights of any third party, and (c) ensuring that the content and materials appearing within the store or related to your products are not libelous or otherwise illegal. You will be solely responsible for the final calculation and application of shipping and sales tax. You will also be solely responsible for accepting, processing, and filling any customer orders, and for handling any customer inquiries or complaints arising therefrom.

You are also responsible for the security of any customer credit card numbers and related customer information you may access as a result of conducting electronic commerce transactions through your Web Site. You will keep all such information confidential and will use the same degree of care and security as you use with your confidential information.

Static / Dynamic Content Caching

You expressly (i) grant to BMC Internet a license to cache the entirety of your Web Site, including content supplied by third parties, hosted by BMC Internet under this Agreement and (ii) agree that such caching is not an infringement of any of your intellectual property rights or any third party's intellectual property rights.

IP Address Ownership

BMC Internet shall maintain and control ownership of all IP numbers and addresses that may be assigned to you by BMC Internet and BMC Internet reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.

Domain Name Registration

If requesting domain name registration through us, Customer agrees to pay BMC Internet prior to the effectiveness of the desired domain name registration, the then-current amounts set forth in the BMC Internet price schedule for the initial registration of the domain name and, should Customer choose to renew the registration, subsequent renewals of the registration. All fees are non-refundable, in whole or in part, even if Customer's domain name registration is suspended, cancelled or transferred prior to the end of Customer's then current registration term. BMC Internet reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. Customer's requested domain name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed Customer's registration in an email from BMC Internet to the email address indicated in Customer's registration application. In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by BMC Internet) in connection with the payments of the registration fee for Customer's domain name registration, Customer agrees and acknowledges that the domain name registration shall be transferred to BMC Internet as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. BMC Internet will reinstate Customer's domain name registration solely at BMC Internet's discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee.

Agreement

By hosting your account with us and by ordering any of our related services, you are, explicitly, expressly and unequivocally agreeing to the terms and provisions of this agreement, which takes a contractual effect immediately from the moment of your order to the time when the service is provided.