Bihira ("The Company") agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).
Use of Bihira Service constitutes acceptance and agreement to Bihira TOS (Terms of Service).
All provisions of this contract are subject to the TOS (Terms of Service) of Bihira The TOS may be changed from time to time at the discretion of the Company.
The TOS 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 Bihira shall have the right to terminate all service set forth in this Agreement.
Subscriber acknowledges that the nature of the service furnished and the initial rates have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and services 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.
Establishment of this service is dependent upon receipt by the Company of payment of stated rates. Subsequent payments are due on the anniversary date of the month for that month's service. Subscriber agrees that The Company automatically charges subscriber`s credit card every month. Bihira reserves the right to process client credit cards from 1 to 7 days before the actual due date to ensure that the funds are received by the due date.
Credit cards that are declined for any reason may be subject to a declination fee of not less than $1 and not more than $100. Service may be interrupted on accounts that are past due. Service interrupted for nonpayment may be subject to a $25 reconnect charge. Accounts not paid by due date may be subject, at our discretion, to a late fee of not less than $10 and not more than $25. Accounts that are not collectable by Bihira 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" Fee of not less than $50 nor more than $500. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.
All payments to Bihira are domains nonrefundable. All overcharges or billing disputes must be reported within 30 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in Bihira sole discretion is a valid charge under the provisions of the TOS, you agree to pay Bihira an "Administrative Fee" of not less than $50 and not more than $500.
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.
Bihira reserves the right to cancel this Terms of Service agreement and to permanently disconnect the service that Bihira provides to the Subscriber hereunder at anytime without further obligation. Subscriber may cancel the service that Bihira provides to the Subscriber hereunder by requesting cancellation by following the instructions located within our knowledgebase under the category name Billing and within the article title Cancellation at least seven (7) business days prior to Subscriber's next due date. Bihira will not honor notice of cancellation by any other means. Subscriber must have no invoices due and all information available at the time of such request for said requested cancellation to become effective. It is Subscriber's responsibility to separately confirm that Bihira has timely received notice of requested cancellation and the service that Bihira provides has been cancelled.
Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons. Therefore, subscriber agrees that the company shall not be liable for any damages. In no event shall the company be liable for any special or consequential damages, loss or injury.
SPAM and Unsolicited Commercial Email (UCE): Bihira 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 Bihira may not use or permit others to use our network to transact in UCE. Customers of Bihira 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.
Violation of Bihira SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Bihira will initiate an immediate investigation. During the investigation, Bihira may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Bihira may, at its sole discretion, restrict, suspend or terminate customer's account. Further, Bihira reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Bihira will notify law enforcement officials if the violation is believed to be a criminal offense.
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 $100 per hour that Bihira personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.
IP Address Ownership: If Bihira assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to Bihira, and Customer shall have no right to use that Internet Protocol address except as permitted by Bihira in its sole discretion in connection with the Services, during the term of this Agreement. Bihira shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by Bihira, and Bihira reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion.
Bandwidth Usage. Bihira will monitor Customer's bandwidth. Bihira shall have the right to take corrective action if Customer's usage negatively impacts other clients.
System and Network Security: Users are prohibited from violating or attempting to violate the security of the Bihira Network. Violations of system or network security may result in civil or criminal liability. Bihira 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:
Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
Taking any action in order to obtain services to which such User is not entitled.
Bihira is under no duty to look at each customer's or user's activities to determine if a violation of the TOS has occurred, nor do we assume any responsibility through our TOS to monitor or police Internet-related activities.
First violation: Any User, which Bihira determines to have violated any element of this Terms of Service, may receive an email, warning them of the violation. The service may be subject at Bihira's discretion to a temporary suspension or termination of service.
Second Violation: Users that Bihira determines to have committed a second violation of any element of this Terms of Service shall be subject to immediate suspension or termination of service without further notice.
Bihira reserves the right to suspend network access to any customer if in the judgment of the Bihira network administrators the customer's server is the source or target of the violation of any of the other terms of the TOS or for any other reason which Bihira 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 were suspended.
Bihira reserves the right to amend its policies at any time. Failure to follow any term or condition will be grounds for immediate Cancellation. You will be held responsible for your actions in the matter described on these Terms and conditions.
Bihira wishes to emphasize that in agreeing to the Bihira Terms of Service (ToS), customer indemnifies Bihira for any violation of the Terms of Service (ToS) that results in loss to Bihira or the bringing of any claim against Bihira by any third-party. This means that if Bihira is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against Bihira, plus all costs and attorney's fees.
Customer acknowledges that the service provided is of such a nature that service can be interrupted for many different reasons and interruptions can be prolonged due to external or internal events. Therefore, subscriber agrees that the Bihira shall not be liable for any damages arising from such loss of service for any reason. In no event shall the company be liable for any special or consequential damages, loss or injury.
You must provide us with, and keep current, good contact information for you. E-mail, telephone, and address contacts are used, in that order of preference.
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.
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.
Bihira takes no responsibility for any material input by others and not posted to the Bihira Network by Bihira. Bihira is not responsible for the content of any other websites linked to the Bihira Network; links are provided as Internet navigation tools only. Bihira 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.
Bihira is not responsible for any damages your business may suffer. Bihira does not make implied or written warranties for any of our services. Bihira 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 caused by Bihira.
You, as Bihira's customer, are solely responsible for the content stored on and served by your Bihira server.
Subscriber also acknowledges and agrees to the Acceptable Usage Policy.
This Company refers to Bihira, and all internet services. By signing up or using our service, you agree to all terms. Terms Of Service/User Agreement:
The purpose of this Acceptable Use Policy is to enhance the quality of the Services and to protect This Company's (Bihira) customers, and the Internet community as a whole, from illegal, irresponsible, or disruptive Internet activities. This Policy applies to each Customer and its employees, agents, contractors or other users of such Customer who obtain Services from This Company. Each User should use common sense and good judgment in connection with the Services.
This Company expressly disclaims any obligation to monitor its Customers and other Users with respect to violations of this Policy. This Company has no liability or responsibility for the actions of any of its Customers or other Users or any content any User may post on any Web site. This Company reserve the right to levy a penalty fee per violation of the Acceptable Use Policy and Service Agreement.
This Company reserves the right to cooperate with appropriate legal authorities in investigations of claims of illegal activity involving This Company Services, Customers and other Users. This Company reserves all other rights to respond to violations of this Policy to the extent of applicable law and in accordance with any applicable contractual obligations.
This Company reserves the right to change this agreement at anytime with or without notice.
No user has the right to resell reseller accounts, without written permission from the staff.
This Company has the right to remove an account for any reason we feel necessary, and even for no reason at all.
If This Company suffers losses in anyway from you are anyone using your account, you agree to pay this company for the loss equal acquired by this company.
This Company is not responsible for any down time, or any loss of sales, or loss of data that may occur from using our service.
Cancelling Service: As soon as we find your desire to cancel your service, whether it would be from cancelling a subscription (via paypal or other service), non-payment when payment is due, or notification of your desire not to continue, This Company has the right to terminate or suspend all your accounts without refund.
All payments must be recieved by the due date. This Company has the right to suspend or terminate an account for non-payment.
This Company's Acceptable Use Policy ("AUP") is provided to give our customers and users a clear understanding of what This Company expects of them while using the service. All users of This Company's Internet services: those who access some of our Services but do not have accounts, as well as those who pay a service fee to subscribe to the Services, must comply with this AUP and our TOS (Terms of Service).
Use of This Company Service constitutes acceptance and agreement to This Company's AUP as well as This Company's TOS (Terms of Service).
IMPORTANT NOTICE: *All Payments To This Company Are Non-Refundable*
We support the uncensored flow of information and ideas over the Internet and do not actively monitor subscriber activity under normal circumstances. Similarly, we do not exercise editorial control over the content of any web site, e-mail transmission, newsgroups, or other material created or accessible over or through the services, except for certain proprietary Web sites. However, in accordance with our TOS (Terms of Service), we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP. This Company may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. Your violation of this AUP may result in the suspension or immediate termination WITHOUT PRIOR NOTICE.
This document is intended to provide a basic understand of This Company's Acceptable Use Policy. The following are guidelines for the establishment and enforcement of This Company's AUP:
This Company intends to provide its customers access to everything the Internet has to offer. While this company is firmly committed to the principles of free speech, certain activities that may be damaging to the resources of both this company and the Internet and cannot be permitted under the guise of free speech. The resources of this company and the Internet are limited, and abuse of these resources by one user has a negative impact on the entire community.
We do not routinely monitor the activity of accounts except for measurements of system utilization and the preparation of billing records. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our service.
You may not use your virtual site to publish material, which this company determines, at its sole discretion, to be unlawful, indecent or objectionable. For purposes of this policy, "material" refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings.
If an account is used to violate the Acceptable Use Policy or our TOS, we reserve the right to terminate your service without notice. We prefer to advise customers of inappropriate behavior and any necessary corrective action, however, flagrant violations of the Acceptable Use Policy will result in immediate termination of service. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time.
As a member of our network community, you must use your Internet access responsibly. If you have any questions regarding this policy, please contact us at firstname.lastname@example.org.VIOLATIONS OF Bihira ACCEPTABLE USE POLICY
The following constitute violations of this AUP:
This Company's services may not be used for illegal purposes, or in support of illegal activities. This Company reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.
Use of this company service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography.
Use of this company service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.
Use of this company service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.
Use of this company service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as "pyramid schemes," "ponzi schemes," and "chain letters."
Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying infrmation is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.
Use of this company service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type will result in the immediate termination of the offending account.
Malicious intent to impede another person's use of electronic mail services or news will result in the immediate termination of the offending account.
Forging any message header, in part or whole, of any electronic transmission, originating or passing through this company service is in violation of this AUP.
This Company has a zero tolerance policy for the use of its network for the posting of messages or commercial advertisements, which violate the rules, regulations, FAQ or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.
Use of this company service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of this company's or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending account is subject to immediate termination.
Use of this company service to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.
Use of this company service to collect, or attempt to collect, personal information about third parties without their knowledge or consent.
Use of the This Company service for any activity which affects the ability of other people or systems to use this company services or the internet. This includes "denial of service" (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. It is the Member's responsibility to ensure that their network is configured in a secure manner. A subscriber may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A subscriber may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner. Unauthorized entry and/or use of another company and/or individual's computer system will result in immediate account termination. This company will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data.
Any one site account found to be utilizing excess system resources at any given may shall be suspended. We reserve the right to terminate such account if we see fit.
Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.
Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.
Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such an offense will result in the immediate termination of the offending account.
Use of software or any device that would facilitate a continued connection, i.e. pinging, while using this company services could result in suspension service.
This company subscribers will be held responsible and accountable for any activity by third parties, using their account, that violates guidelines created within the Acceptable Use Policy.
It is absolutely forbidden to host illegal pornographic content whereas the subjects are under the age of majority, or IRC servers on Virtual Server Accounts. Virtual Server Accounts found hosting this material will be subject to immediate cancellation without refund.
It is absolutely forbidden to host an IRC server that is part of or connected to another IRC network or server. Accounts found to be connecting to or part of these networks will be immediately removed from our network without notice.
You are responsible for any misuse of your account, even if the inappropriate activity was committed by a client, friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server.
This Company requests that anyone who believes that there is a violation of this AUP direct the information to the Abuse Department at email@example.com.
If available, please provide the following information:
E-mail with full header information provides all of the above, as do system log files. Other situations will require different methods of providing the above information. This company may take any one or more of the following actions in response to complaints:
This Company reserves the right to terminate a users account for any reason, and restrict access from that user from retrieving his/her files. By signing up with our service, you agree This Company will not be held liable for any losses whatsoever.
This Company reserves the right to revise, amend, or modify this AUP, our TOS (Terms of Service) and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our TOS (Terms of Service).