Terms of Service (ToS)
IMPORTANT NOTICE: *All Payments To BulHost Are Non-Refundable*
BulHost (“The Company”) agrees to provide services to the Subscriber, subject to the following TOS (Terms of Service).
Use of BulHost Service constitutes acceptance and agreement to BulHost’s AUP as well as BulHost’s TOS (Terms of Service).
All provisions of this contract are subject to the TOS (Terms of Service) of BulHost and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP by the Company shall not be a ground for early contract termination or non-payment.
Note: Pornography and sex-related websites are prohibited on any BulHost server. This includes sites that link to sexual or adult content elsewhere. HYIP or PROXY sites, Illegal or blatantly offensive materials, or content that may be damaging to BulHost servers or any other server on the internet are also prohibited. Spamming from a site or server is prohibited and NO exceptions will be made at any time for any reason! Customers who load these programs or materials on any server (Proof of use or public display NOT required) or use servers for illegal activities will be terminated without recourse and billed (including penalties) and further pursued to the fullest extent of the Law!
1. Disclosure to Law Enforcement: The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition BulHost shall have the right to terminate all service set forth in this Agreement.
2. Service Rates: Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.
3. Payment: Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the month (or year) for that month’s (or year) service. The above applies to all accounts and services provided by BulHost.
4. Payments and Fees: Service will be interrupted on accounts that reach 5 days past due. Service interrupted for non-payment is subject to a $10.00 reconnect charge. Accounts not paid by due date are subject to a $15.00 late fee. Accounts that are not collectable by BulHost may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a “Processing and Collection”. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.
5. Refund and Disputes: All payments to BulHost are non-refundable. This includes the one time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in BulHost’s sole discretion is a valid charge under the provisions of the TOS and/or AUP, you agree to pay BulHost an “Administrative Fee” of not less than $20 and not more than $150.
6. Failure to Pay: The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees. You will be notified by e-mail to the address you signed up with for services of success or failure of payments.
7. Account Cancellation: Request for termination of user accounts must be made in written through e-mail: sales (at) bulhost (dot) com. To be accepted and fulfilled cancellation request must consist the following information: domain name of your main account (server), account username and password, service used and date of last payment. Account cancellation request must be made before entering the next billing period for the service used! If received after the due (billing) date cancellation will take effect starting from your next billing date and no refund will be issued for billed service(s)! Subscription fees for additional services such as additional disk space or bandwidth will be charged for the entire period regardless of whether the request for their termination is received prior to the effecting of the said services. No account will be cancelled if there is any outstanding invoice or fee associated with this account!
8. Indemnification: Subscriber agrees to use all BulHost services and facilities at their own risk. Subscriber agrees that the company shall not be liable for any loss, or loss of data, or other commercial damages, including but not limited to special, incidental, consequential or other damages. Subscriber further acknowledges that the company’s liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.
Customer agrees that it shall defend, indemnify, save and hold BulHost harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against BulHost, 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, it’s agents, employees or assigns.
9. New Domains: Payment made for domain registration will not be refundable in all cases, including those that involve mistakes committed by any persons, at any stage of the domain registration process. A confirmation e-mail will be sent to registrants within 24 hours of the submission of the domain name purchase order.
10. Backups: Backups are made for server restoration purposes only. No guarantees are made of any kind,either expressed or implied, as to the integrity of these backups. It is the clients responsibility to maintain local copies of their web content and information. The Backup Manager is included in each hosting plan and you can use this tool to backup your files.
11. Programs: We do not allow programs to run continually in the background. This is to minimize system resources used and operational maintenance needed. We do not allow any chat or topsite programs on our servers other than the ones we pre-install for our clients to use. This does include but is not limited to cron jobs running every minute. BulHost does not allow chat rooms if that effects normal server operation or service to other BulHost Customers.
12. Support Boundaries: BulHost provides 24 x 7 technical support to our subscribers. We limit our technical support to our area of expertise. The following is our guidelines when providing support: BulHost provides support related to your services or virtual site physical functioning. BulHost does not offer tech support for third party applications or other script or application specific issues such as cgi programming, html or any other such issue. BulHost does not provide technical support for YOUR customers.
13. SPAM and Unsolicited Commercial Email (UCE): BulHost takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of BulHost may not use or permit others to use our network to transact in UCE. Customers of BulHost may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.
a. Violation of BulHost’s SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, BulHost will initiate an immediate investigation (within 48 hours of notification). During the investigation, BulHost may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, BulHost may, at its sole discretion, restrict, suspend or terminate customer’s account. Further, BulHost reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. BulHost will notify law enforcement officials if the violation is believed to be a criminal offence.
b. First violations of this policy will result in an “Administrative Fee” of $250 and your account will be reviewed for possible immediate termination. A second violation will result in an “Administrative Fee” of $500 and immediate termination of your account. Users who violate this policy agree that in addition to these “Administrative” penalties, they will pay “Research Fees” not to exceed $175 per hour that BulHost personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.
BEGINNING IMMEDIATELY, anyone hosting websites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their services immediately disabled. The services will not be enabled until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the account to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the account from our network without notice to the customer. Any account guilty of a second violation WILL be immediately and permanently removed from our network without notice.
a. IP Address Ownership: If BulHost assigns Customer an Internet Protocol address for Customer’s use, the right to use that Internet Protocol address shall belong only to BulHost, and Customer shall have no right to use that Internet Protocol address except as permitted by BulHost in its sole discretion in connection with the Services, during the term of this Agreement. BulHost shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by BulHost, and BulHost reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion.
b. IP Address Usage: Any customer caught using an IP address that has not been assigned to them agrees to pay a $25 fee. The domain caught using the offending IP address can be disabled or deleted at the discretion of BulHost.
c. Bandwidth and Disk Usage: Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form (the “Agreed Usage”). BulHost will monitor Customer’s bandwidth and disk usage. BulHost shall have the right to take corrective action if Customer’s bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in BulHost’s sole and absolute discretion. If BulHost takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action.
d. System and Network Security: Users are prohibited from violating or attempting to violate the security of the BulHost Network. Violations of system or network security may result in civil or criminal liability. BulHost will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:
i. Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
ii. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
iii. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing”.
iv. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
v. Taking any action in order to obtain services to which such User is not entitled.
15. Notification of Violation:
a. BulHost is under no duty to look at each customer’s or user’s activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet- related activities.
b. First violation: Any User, which BulHost determines to have violated any element of this Acceptable Use Policy, shall receive an email, warning them of the violation. The service may be subject at BulHost’s discretion to a temporary suspension pending a User’s agreement in writing, to refrain from any further violations.
c. Second Violation: Users that BulHost determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.
16. Suspension of Service or Cancellation: BulHost reserves the right to suspend network access to any customer if in the judgement of the BulHost network administrators the customer’s account is the source or target of the violation of any of the other terms of the AUP or for any other reason which BulHost chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer’s account was suspended. The customer will also not be credited for any fees if their account has been terminated.
17. BulHost reserves the right to amend its policies at any time. All resellers of BulHost must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions.
18. BulHost wishes to emphasize that in agreeing to the BulHost Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies BulHost for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to BulHost or the bringing of any claim against BulHost by any third-party. This means that if BulHost is sued because of a customer’s or a customer of a customer’s activity, the customer will pay any damages awarded against BulHost, plus all costs and attorney’s fees.
19. Torturous Conduct: Any abuse towards any BulHost employees will not be tolerated. You are expected to request and respond to support and other issues in a professional manner, when emailing BulHost or utilizing the Support System, refrain from using caps, exclamation points, and other forms of written yelling. Any cursing, yelling, or further intentional disruptive behaviour aimed at BulHost employees shall be considered a violation of this TOS.
Any threat; whether verbally, orally, written, or delivered by second parties directed towards BulHost employees, partners, equipment, and concerns shall be construed as a violation of this TOS. Any conduct viewed as violating this section shall be considered a violation of this TOS. BulHost will be the sole arbitrator in regards to what is deemed a violation.
No refunds shall be given when the contents of this section necessitates removal of the account.
20. Miscellaneous Provisions: You must provide us with, and keep current, good contact information for you. E-mail, telephone and fax contacts are used, in that order of preference. You agree that your contact information may be used by us to send you additional information, promotional material or newsletter and you may opt out of receiving it at any time by contacting us.
a. A waiver by the Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.
b. Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation.
c. BulHost takes no responsibility for any material input by others and not posted to the BulHost Network by BulHost. BulHost is not responsible for the content of any other websites linked to the BulHost Network; links are provided as Internet navigation tools only. BulHost disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party’s violation of this policy.
d. BulHost is not responsible for any damages your business may suffer. BulHost does not make implied or written warranties for any of our services. BulHost denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions including equipment failure.
21. Responsibility for Content: You, as BulHost’s customer, are solely responsible for the content stored on and served by your account.
The above Terms of Service (ToS) apply only to services purchased directly from BulHost web site. For services or products purchased from our partner’s or subsidiary web sites customers should refer to the Terms of Service (ToS) of each concrete web site.