| 1.) Account Setup & Email on file. a.
We will setup your account after we have received
payment and we and/or our payment partner(s) have
screened the order(s) incase of fraud. It is YOUR
responsibility to provide us with an email address which
is not @ the domain(s) you are signing up under. If
there is ever an abuse issue or we need to contact you
the primary email address on file will be used to do so.
It is YOUR responsibility to ensure the email address on
file is current or up to date at all times
2.) Content
a. All services provided by us may only be used for
lawful purposes. This includes, but not limited to:
copyrighted material, material we judge to be
threatening or obscene, pornography. The laws of the
state of Texas, Georgia and the United States of America apply.
b. Examples of unacceptable material:IRC BotsFile
upload sites (ex. rapidshare.com )Warez SitesPirated
SoftwareHate sitesHack programs and archives Proxy
Scripts / Anonymizers
3.) Zero Tolerance Spam Policy
a. We take a zero tolerance stance against sending of
unsolicited e-mail, bulk emailing, and spam. "Safe
lists" and "double optin" will be treated as spam. Any
user who sends out spam will have their account
terminated without notice.
b. We reserve the right to require changes or disable
as necessary any web site, account, database, or other
component that does not comply with this policy, at its
sole discretion. We also reserves the right to make any
such modifications in an emergency at our sole
discretion.
c. We reserve the right to charge the holder of the
account used to send any unsolicited e-mail a clean up
fee. This cost of the clean up fee is left entirely to
the discretion of Bartrop.com. All rights reserved.
4.) Payment Information
a. You agree to supply appropriate payment for the
services received from us, in advance of the time period
during which such services are provided. You agree that
until and unless you notify Bartrop.com of your desire
to cancel any or all services received, those services
will be billed on a recurring basis.
b. We reserve the right to change the monthly payment
amount and any other charges at anytime.
c. All payments that are due and not received on the
specified date of invoice will have 3 days to pay
invoice. If payment is still not received after the 1st
late day then a $5.00 late charge will be added on to
the total price for that month and a account suspension
will occur. If payment is not received within 3 days
then your account will be terminated with or without
notice.
5.) Backups and Data Loss
a. Your use of the service is at your sole risk. We
are not responsible for files and data residing on your
account. You agree to take full responsibility for files
and data transferred and to maintain all appropriate
backup of files and data stored on our servers.
6.) Cancellation and Refunds a. We reserve the right
to cancel the account at any time. We do not offer
refunds for breech of our terms of service.
b. Customers may cancel at any time. We give you an
unconditional 30 day money back guarantee on managed
shared hosting, and reseller solution's.
c. Only first-time accounts are eligible for a
refund. For example, if you've had an account with us
before, cancelled and signed up again, you will not be
eligible for a refund or if you have opened a second
account with us.
7.) Resource Usage
Users may not initiate the following: a) Use 25% or
more of system resources for longer then 90 seconds.
There are numerous activities that could cause such
problems; these include: CGI scripts, FTP, PHP, HTTP,
etc. b) Run any type of interactive real-time chat
applications that require server resources.
Remotely-hosted services are fully allowed.c) Run
stand-alone, unattended server-side processes at any
point in time on the server. This includes any and all
daemons, such as IRCD. d) Run any software that
interfaces with an IRC (Internet Relay Chat) network. e)
Run any gaming servers such as counter-strike,
half-life, battlefield1492, etc
8.) Bandwidth Usage
a. You are allocated a monthly bandwidth allowance.
This allowance varies depending on the hosting package
you purchase. Should your account pass the allocated
amount we reserve the right to suspend the account until
the start of the next allocation, suspend the account
until more bandwidth is purchased at an additional fee,
suspend the account until you upgrade to a higher level
of package, terminate the account and/or charge you an
additional fee for the overages. Unused transfer in one
month cannot be carried over to the next month.
9.) Money back Guarantee
a. On dedicated servers, and colocation no full
refund will be honored, the 30 day money back guarantee
does not apply. We reserve the right to refund a
prorated amount or no refund at all.
10.) Price Change
a. The amount you pay for hosting will never increase
from the date of purchase. We reserve the right to
change prices listed on our site, and the right to
increase the amount of resources given to plans at any
time.
11.) Indemnification
a. Customer agrees that it shall defend, indemnify,
save and hold us harmless from any and all demands,
liabilities, losses, costs and claims, including
reasonable attorney's fees asserted against us, 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, its agents, employees or assigns. Customer
agrees to defend, indemnify and hold harmless any
liabilities arising out of; (1) any injury to person or
property caused by any products sold or otherwise
distributed in connection with us; (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 customers from Bartrop.com's servers.
12.) Disclaimer
a. We will not be responsible for any damages your
business may suffer. We make no warranties of any kind,
expressed or implied for services we provide. We
disclaims any warranty or merchantability or fitness for
a particular purpose. This includes loss of data
resulting from delays, no deliveries, wrong delivery,
and any and all service interruptions caused by us and
our employees.
13.) PHP Files
a. PHP file's uploaded in attempt to steal root
access will be logged and may result in a loss of
hosting with no refund payment.
14.) Changes to the TOS
These terms are subject to change at any time without
notice. |