Terms of Service

Terms of Services

All services provided by BD Web Services ("BD Web Services") may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any state or city law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless BD Web Services from any claims resulting from the use of service which damages the subscriber or any other party. Prohibited are sites that promote any illegal activity or present content that may be damaging to BD Web Services' servers, or any other server on the Internet. Links to such materials are also prohibited.

Unacceptable content or links:

  • Pirated Software
  • Hacker Programs or Archives
  • Warez site hosting or linking
  • Audio or Video streaming (not applicable for VPS)
  • Social Networking Sites (not applicable for VPS)
  • Phishing Sites
  • Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
  • Fraud sites, Spam websites, Spamming Email / Mass Email, Email Marketing, Gambling Websites
  • Arcade / Online Gaming Websites, NULL Scripts
  • Image Hosting Scripts (similar to Photobucket or Tinypic)
  • File Hosting Sites (not applicable for VPS)
  • File Hosting / Backup hosting (not applicable for VPS)
  • Proxy Sites / IRC/ Lottery/Gambling Sites
  • Virus / Malware / Spyware
  • Adult Sites, Illegal / Child Pornography
  • Sites posting materials about Terrorism or reposting articles from wikileaks.org
  • Torrentflux or similar, Rapidshare link generator, Rapidleech or similar
  • PHPizabi and YaBB Forums or any forums using flat file as database
  • Outdated scripts or software
  • Any script that causes harm to the server such as but not limited to some wordpress plugins
  • Scripts using more than 20% of server resources (not applicable for VPS)

NOTICE:

IF YOUR ACCOUNT IS FOUND TO CONTAIN ILLEGAL ACTIVITY, ILLEGAL MP3 FILES, PIRATED SOFTWARE, PHISHING SITES, HACKER PROGRAMS, WAREZ PROGRAMS, OR ANY OTHER ILLEGAL FILES, YOUR ACCOUNT WILL BE TERMINATED IMMEDIATELY, WITHOUT NOTICE, AND A $50.00 CANCELLATION FEE WILL APPLY. ADDITIONALLY, BD Web Services WILL NOTIFY THE PROPER AUTHORITIES OF YOUR ACTIONS.

Overselling / Fair Usage

You must not needlessly create accounts, install any script/software or upload any files which add space usage if you have no intention of using them. As part of our fair usage policy, excessive CPU usage is not allowed. You may not initiate the following on our shared hosting servers (VPS and Dedicated server excluded):

  • Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.
  • Run stand-alone, unattended server-side processes at any point in time on the server.
  • Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
  • Run cron entries with intervals of less than 15 minutes.
  • Run download sites.
  • cPanel backup file is disabled as customers are abusing it by generating 10 or more backup at one time or running an automated backup every 5 minutes. This is not allowed. You can however request from us to backup an account for you and we will gladly do it.
  • Customer may not use disk space as a file repository, or dump site. This includes but is not limited too; warez, serialz, sound files (mp3/wav), applications, zip/rar/iso files. Your account is to be used for hosting a website and not for file storage.
  • Resource Limitations

    In order to provide the best uptime possible, your sites must comply with the following limitations:

    PHP:
    upload_max_filesize = 128M
    post_max_size= 128M
    memory_limit = 256M
    max_execution_time = 90
    max_input_time = 90

    MySQL:
    max_user_connection = 100

    CPU:
    No script may use more than 20% of CPU

    Memory:
    No Script may use more than 300 MB of memory or executing more than 20 processes continuously for longer than 15 minutes

    Email:
    90 emails per hour, per domain

    Termination

    BD Web Services may terminate your Service under the following circumstances: Non-payment of fees; You are in breach of any term or condition of this Agreement; Your use of the Service disrupts BD Web Services business operations or affects any other party;
    Termination Days: 30 days after the due payment date terminating the account.

    Backup Limitations

    BD Web Services backups are provided as a courtesy and are not guaranteed. Customers are responsible for their own backups and web content and should make their own backups for extra protection. This service is provided only to shared and reseller accounts as a courtesy and may be modified or terminated at any time at BD Web Services's sole discretion. Backups are kept for a maximum of 7 days. We keep Backup upto 2GB of your cpanel. If you want to increase it you have buy extra space or use 3rd party backup service. So, we are advised to keep your cPanel account size under 2GB.

    File Usage and Storage

    Hosting accounts are not to be used for the purposes of distributing and/or storing an unusual amount of files. We are a web hosting service not a remote file storage service. Any web site whose disk space usage for storing the files exceed 50% of its total usage, either in terms of total size or number of files, will be deemed to be using unusual amount of files. At that point, if we find that those files are illegal or harmful in any way, you will be suspended or terminated with or without prior notice depending on the severity of the harm.

    Unmetered Space & Bandwidth

    Nothing in the world is unlimited, and that includes server space and bandwidth. Here at BD Web Services, we do not keep track of how much space you are using. Clients are allowed to use as much as long as they are not crippling the servers with the amount of space, bandwidth, accounts and server resources they are using. Generally, with unmetered space and bandwidth, you will be able to use it without encountering problems but if your website is crippling the server then BD Web Services has the right to suspend or terminate your site with or without prior notice.

    Traffic Usage: All account plans come with a predetermined amount of traffic allowance. We monitor all accounts and bill $1.00 for each gig of traffic exceeded. This amount is not prorated, meaning that 1 mb - 1 gig will be treated and billed as the same.

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

    Server Abuse

    Any attempt to undermine or cause harm to a server or customer of BD Web Services is strictly prohibited. As our customer you are responsible for all your accounts. Should you violate the Terms of Services outlined within, your account will be cancelled without chance of refund.

    Refusal of Service: We reserve the right to refuse, cancel or suspend service, at our sole discretion.

    All sub-networks, distributive hosting sites and dedicated servers of BD Web Services must adhere to the above policies, with the exception of system resources in respect to dedicated servers.

    Billing: By the Account Activation Date of each month, BD Web Services shall either:

    (1) debit the client's credit card (when such information has been provided by the client); or

    (2) deliver, by e-mail or regular mail, an invoice in accordance with the applicable Service Fees for services rendered for the current month. When an invoice is delivered to the client, payment shall be remitted to BD Web Services by no later than the specified payment due date. BD Web Services shall be entitled to immediately terminate this agreement for client's failure to make timely payments. You will be provided with an invoice on a monthly basis. All credit cards are billed automatically on a monthly basis. It is the client's responsibility to ensure that they have sufficient credit to cover this transaction. In the event that there is insufficient credit, we will send an e-mail notification, at which point we will need to be provided with another credit card account number within 24 hours. If we do not receive a response within 24 hours, the account, and all accounts under that account plan, will be suspended.

    Service Fees

    Certain services carry a setup fee charged by BD Web Services to client, which must be paid by client in order to have use of said services. If client terminates this agreement, client shall be responsible for any and all outstanding fees owed to BD Web Services and agrees to pay any and all fees incurred by client. Because the services are provided on a monthly basis, the client will be responsible for service fees incurred each month, regardless of when client provides notice of termination. Thus, for example, if the client provides notice of termination on the 15th day of a particular month, the client will be responsible for service fees for the entire month, and such fees will not be pro-rated or refunded.

    Money back guarantee & refund policy

    We offer a 30 day Money back guarantee.
    Refunds:

    If client has retained the services for one year and has pre-paid BD Web Services for such services, refunds will be issued for any unused full month of the services, upon client's request. Therefore, if client's account is cancelled at any point during the one-year term, client will be entitled to a refund for the months remaining, after notice given by the 25th day of the preceding month.

    Account Deactivations

    Any account deactivated due to non-payment will require a reactivation fee of $20.00 prior to reactivation.

    Cancellation Refunds

    We DO NOT refund partial monthly fees to accounts. We require 30 days notice for a cancellation.

    Refusal of Service

    We reserve the right to refuse, cancel or suspend service, at our sole discretion.

    Limitation of Liability

    BD Web Services shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from BD Web Services ' servers going off-line or being unavailable for any reason whatsoever. Furthermore, BD Web Services 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 BD Web Services ' servers. All damages shall be limited to the immediate termination of service.

    Violations

    Violations of these Acceptable Use Policies should be referred to info@bdwebservices.com. All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation.

    Disclaimer

    BD Web Services cannot be held liable for system down time, crashes or data loss. We cannot be held liable for any predicated estimate of profits which a client would have gained if their site was functioning. Certain services provided by BD Web Services are resold. Thus, certain equipment, routing, software and programming used by BD Web Services are not directly owned or written by BD Web Services. Moreover, BD Web Services holds no responsibility for the use of our clients' accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, as BD Web Services sees fit.

    Account Activation

    By activating your account with BD Web Services, you agree to the above policies and disclaimer. Upon requesting activation of an account, you are required to accept these policies, guidelines and disclaimer, and a copy of your acceptance is forwarded along with your activation request to be maintained with your account information.

    NOTICE: If you sign up for an account and fail to comply with these terms, no refunds will be given. We will, however, advise you by e-mail or phone prior to taking any action to provide you with an opportunity to correct the problem.

    Server Uptime Guarantee

    BD Web Services guarantees 99.9% service (http, ftp, pop, imap, smtp) uptime on all hosting plans.

    BD Web Services reserves the right to amend any or all of the above policies, guidelines and disclaimer without notification. We also retain the right to increase any pricing and make changes to our account plans without notification.