BitBoxes's Terms of Service (TOS)
You must
agree to the below terms of service before you can create your BitBoxes account. Our shopping cart will not permit you to make any purchases
unless you agree to the below terms of service.
Our terms
of service (TOS) are designed to provide to our
customers a clear and transparent understanding of what we expect of them while
they are using our service(s). The use of BitBoxes service(s) represents your
acceptance and agreement to BitBoxes's (TOS), regardless of whether you have
read them or not.
We accept your use of our service(s); therefore we do not actively monitor your
accounts activity under normal conditions. Furthermore, we do not
implement editorial control over the content of any account. This
includes e-mail sending, newsgroup or other material created or available over
or through the services, except for certain proprietary accounts.
However, in accordance with our (TOS), we hold full authority to remove any
materials that, in our individual judgment, may be illegal, may subject us to
liability or which may violate our (TOS). BitBoxes reserves the right to
oblige with legal establishment and/or third parties in the examination of any
suspected or alleged crime or civil wrongdoing. Violation of our (TOS) may
result in the suspension or immediate termination of your BitBoxes
account and/or services.
We do not routinely monitor the activity of accounts except for measurements of
system exploitation, possible security or fraud risks and the preparation of
billing records. However, in our efforts to promote good citizenship within the
Internet society, we will respond appropriately if we become aware of improper
use of our service.
If any BitBoxes account is used to violate our (TOS) we reserve the
right to cease your service without notice. We prefer to advise customers of
inapt activities and any necessary corrective action. However, blatant
violations of the (TOS) will result in instantaneous termination of service.
Our failure to implement this policy, for whatever reason, shall not be
interpreted as a waiver of our right to do so at any time.
As a member of BitBoxes community, you must use your BitBoxes account access
ethically and responsibly.
1)
Account Setup
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. All new orders are usually activated within 24 hours. If you have not
been activated within this time frame, please contact us on our support system.
2) Content & Activities
All
services provided by BitBoxes may only be used for lawful purposes.
This includes, but not limited to: copyrighted material, material we judge to
be threatening or obscene. The customer agrees to indemnify and hold harmless BitBoxes
from any claims resulting from the use of our services.
Examples
of Totally Unacceptable material:
IRC Bots.
Warez
Sites.
MP3's (unless You are the Artist).
Password sharing sites.
Sites that run any type of proxy script.
Pirated Software.
Hacked programs and archives.
Seedboxes.
2.1) Distribution of Malicious Code:
Intentional
distributions of software that attempts to and/or causes damage, harassment, or
annoyance to persons, data and/or computer systems are prohibited. Examples of
this are computer viruses, Trojan-horse programs and Internet-based worms. Such
an offense will result in the immediate termination of the offending account.
2.2) Infringement
Infringement of Copyright, Patent, Trademark, Trade Secret, or
Intellectual Property Right: Distribution and/or posting of copyrighted or the aforementioned
infringements will not be tolerated. It is not permitted to use of the BitBoxes
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.
2.3) File Hosting
File hosting and file storage of any type is strictly prohibited on any and
all servers within the BitBoxes network. You MAY NOT use your BitBoxes
account as a download or file storage repository. Our services are strictly
offered for hosting only. This does NOT mean that you can not have downloads on your site. This means you can not operate a site that specializes in downloads like
Download.com or similar and you may not use your BitBoxes account as storage
repository for MP3, games, video, audio or music files. Your account may not
exceed 10% of used space in MP3, games, video, audio or music files.
2.4) Adult Sites
Due to various legal and moral implications. BitBoxes does not
permit sexually explicit material on any of its servers.
3) Spam /
Email Policy
We take a
zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and
spam. "Safe lists" and "double Opt-in" will be treated as
spam. Any user who sends out spam will have their account terminated without
notice.
BitBoxes reserves 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. BitBoxes also reserves the right to make any
such modifications in an emergency at our sole discretion.
BitBoxes
reserves 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 BitBoxes.
Bulk
Email / Mass Email scripts of any type are not permitted on any BitBoxes
server. The send mail rate on all BitBoxes servers is capped at 200 emails per
hour per account, any more than this will be bounced back to the sender. If you
require more than this, please open a support ticket stating the reason why the
200 limit should be raised on your account and the EXACT source of your mailing
list.
3.1) Usenet Spamming
BitBoxes has a zero tolerance policy for the use of its servers 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.
4)
Payment Information
You agree
to supply appropriate payment for the services received from BitBoxes, in advance of the time period during which such services are provided.
You agree that until and unless you notify BitBoxes of your desire to cancel
any or all services received, those services will be billed on a recurring
basis. .
5)
Backups and Data Loss
Your use
of the BitBoxes service is at your sole risk. BitBoxes is not
responsible for any and all files and data residing on your account on our servers.
BitBoxes does not maintain backup copies of customers
web sites or e-mail. BitBoxes cannot guarantee that the contents of a Web site
will never be deleted or corrupted, or that a backup of a web site will always
be available. You agree to take full and sole responsibility for any and all
files and data transferred to our servers and to maintain all appropriate
backups of any any and all files and data stored on
any BitBoxes server to which you have an account on.
5.1) Termination of Data
For your privacy, all data and files from terminated and cancelled accounts are
immediately deleted and purged from our servers. This includes any
and all back ups. Please make sure to back up all
your files and data before canceling your BitBoxes
account.
5.2) Emergencies
and Special Situations
We reserve the right to take any proactive steps we deem necessary to maintain
the security, connectivity, performance and services of our network,
infrastructure and customers, including but not limited to actions requiring us
to deactivate accounts, shut down our network, or review the content on account to evaluate the reason for perceived behaviors.
In rare instances, we may need to completely delete a web site or account
because of some significant failure, security breach or other emergency. In
such cases, we do our best to backup a deleted web site, but we cannot ever
guarantee a full restore of a web site.
5.3) Account Security
Misuse of
your account is your sole responsibility, even if your friends, family member,
guest, or employee committed the activity. Henceforth, you must take
actions to ensure that others do not gain access, which you do not approve of,
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.
Your password provides access to your account. It is your responsibility to
keep your password secure. We are not responsible for ANY misuse of your
account due to the authorized or unauthorized distribution of your password.
Sharing your password and account access with unauthorized users is prohibited.
You should take precautions to prevent others from using your account since you
will be held responsible for such use.
Attempting to obtain another user's account password is strictly prohibited and
may result in termination of service. You must adopt adequate security measures
to prevent or minimize unauthorized use of your account.
Users who violate systems or network security may incur unlawful or civil
liability. BitBoxes will oblige fully with examinations of violations of
systems or network security at other sites, including cooperating with law
enforcement authorities in the investigation of suspected criminal violations.
6) Cancellation
and Refund Policy
BitBoxes
does not have a refund policy and does not offer a money back guarantee of any
type. all sales are considered final. We do not
prorate any part of our billing fees for any unused time.
You may cancel your BitBoxes account at any time you desire. If you joined with
PayPal, please login to your PayPal account and cancel your subscription
agreement. Alternatively, to submit a cancellation request contact us on our customer
support system.
If you cancel your BitBoxes account you are entitled to keep the domain that we
have registered for you on your behalf. We will also transfer it to any web
hosting company or domain registrar of your choice.
If you joined BitBoxes via the yearly payment option and you cancel before the
year has expired. Your BitBoxes account will remain active until exactly 365
days have passed from the date of your last yearly Payment. After which it will
be terminated unless you renew your billing before the 365 days has expired.
If you joined BitBoxes via the monthly payment option. Your account will be terminated
30 days after your last payment was received by BitBoxes.
BitBoxes will treat all files and data of terminated accounts exactly as
outlined in the above clause 5.1.
6.1) Cancellation for lack of payment
Any account that has unpaid invoices that are more
than 14 days outstanding may be terminated at any time without notice.
Before BitBoxes will terminate any account for lack of payment. BitBoxes will
send no less than 2 payment request emails to the account holder. BitBoxes
will treat all files and data of terminated accounts exactly as outlined in the
above clause 5.1.
7) Refusal of Service
BitBoxes reserves the right to refuse service at its discretion. Also BitBoxes
reserve the right to cancel, suspend or terminate any account at anytime
as it sees fit. BitBoxes will treat all files and data of terminated
accounts exactly as outlined in the above clause 5.1.
8) Domain Names
All Domain name
8.1) BitBoxes's Domain Name Transfer Away Policy
You may transfer away from BitBoxes any domain name that you have purchased via
the BitBoxes online ordering system to any other web hosting company or domain
registrar at any time you desire providing the domain name is fully paid up,
has not been refunded, has not been charged back and does not have any active
or outstanding invoices due and is not in redemption.
Users may not initiate the following:
b) Run any type of interactive
real-time chat applications that require server resources. Remotely-hosted services are permitted.
You are allocated an unlimited monthly bandwidth
allowance.(Subject to fair usage policy).
You are not permitted to...
a) Resell web hosting space. (Unless it's a Reseller Account).
b) Create accounts for third parties. All domain names that are in your
control panel must be under your direct control and administration.
You are not permitted to create accounts for third parties on your account.(Unless it's a Reseller Account)
10.2) Customer Knowledge & Responsibilities
Use of BitBoxes services require a certain level of knowledge in
the use of certain internet languages, slang, jargon, terminology,
protocols, software, ETC... The level of knowledge customer required to have
varies greatly and depends on the customers anticipated use and desired content
and functionality of his/hers account. The customer agrees that he/she has the
necessary knowledge to create his/hers account with the desired content, look
and functionality. The customer agrees that it is not the responsibility of BitBoxes
to provide this knowledge or to create, design, program or help in the
designing, creation, programming, running or publishing of the customers
accounts.
11) Price Change
11.1) Auto Rebilling
For your convenience your BitBoxes account will auto rebill on a monthly, quarterly or semi-annually basis(depending on which billing package you have selected at time of purchase). If
you do not want your account to auto rebill, you must
notify us at least 2 calendar days (48 hours) before the date that the
re-billing is due to take place. Failure on your part to notify us of your
desire not to be rebilled, will result in your account being rebilled
and you agree to hold harmless and indemnify BitBoxes from any and all claims of
wrongful billing.