READ THIS AGREEMENT CAREFULLY BEFORE USING ANY BPHOSTING SERVICE. THIS IS A LEGALLY BINDING AGREEMENT BETWEEN CUSTOMER (referred to herein as “Customer”) AND BPHosting.
Customer will be provided with the amount of disk space and bandwidth stated in their quote or plan from BPHosting. Disk space usage and bandwidth usage are monitored by BPHosting and will be provided to the client to use at their leisure. Customers are responsible for purchasing additional disk space or bandwidth beyond that detailed in their “Plan” or to remove files and stop network usage in order to bring their usage with their Plan’s limit. In one month you may use a extra 5% of your quota, however continued heavy usage of this will require an upgrade or extra usage fees. Unlimited data transfer is provided on a basis of a Fair Usage Policy, excessive bandwidth usage may not be permitted and may incur in additional charges and/or port speed limitation prior mutual agreement.
Jurisdiction and Jurisdictional Disputes, Legal Responsibilities
The parties expressly recognize that, where BPHosting is acting solely as Customer’s Host, BPHosting is not engaged in, and is not actively soliciting, interstate or international commerce for said Customer. Where BPHosting is a named party to any type of dispute or litigation involving any acts by Customer that affect out-of-state persons or entities, Customer agrees that it shall indemnify, hold BPHosting harmless, defend BPHosting exhaustively (including all legal cost(s), and challenge the jurisdiction of out of state authorities over BPHosting).
Availability and Backups
BPHosting shall store Customer’s web sites, files, email and databases on their servers. The parties expressly recognize that internet servers and links are susceptible to crashes, down time, vulnerabilities and that from time to time BPHosting may need to preform maintenance on their services. Customers with unmanaged services are to manage their own backups at their own expense. BPHosting is not responsible for data that you may have lost due to said crashes, down time or vulnerabilities
BPHosting may temporarily suspend all service for the purpose of repair, maintenance or improvement of any of its systems, or whatever it deems necessary to maintain adequate services. However, BPHosting shall provide prior notice within 24 hours for all maintenance. Failure to provide prior notice on our part does fall under our SLA.
Connection and Bandwidth
Subject to the datacenter’s physical location. BPHosting agrees that it shall maintain a minimum of 1Gbps connections to the servers. However, BPHosting does not guarantee any response rate, download, or upload speed beyond our control, as this is depending on Customer’s and End Users ISP connections. We do NOT guarantee a set internet speed to your server. Your service might be suspended if it receives and or sends any DDoS attack or an abnormal spike in traffic emanate or is received by your server. Service activation or termination after the suspension will be in our sole discretion. BPHosting does not guarantee that any IP address space will be globally accessible due to factors out of our control.
The parties expressly recognize that it is impossible to maintain flawless security, therefore the customer is solely responsible for properly securing their hosting service provided by BPHosting including changing initial passwords and making any security adjustments and patches over time. Customer is solely responsible for any damage caused by such unauthorized access, and Customer indemnifies and holds BPHosting harmless for any compromise of Customer’s security that resulted from their own actions, the actions of BPHosting or the actions of any third party.
By default BPHosting only collects an email address, an username, and a password encrypted using strong encryption algorithms when you sign up. All customer data is encrypted on the storage disk, however after the system is online data may be readily available in plain text except passwords or secret keys. Data encryption is possible on BPHosting, however Customer is solely responsible for encoding their web site, content, and data to conform with generally accepted encryption standards, and Customer indemnifies and holds BPHosting harmless for any compromise of Customer’s encryption method. You agree to indemnify and hold BPHosting harmless and blameless for any compromise of your personal, business, or private information in any form.
By default, BPHosting does NOT send any newsletter or unsolicited email. Transactional, service-related, account-related, operational and notification emails may be sent regardless of the subscription status. Personal identifiable information is never sent along with our emails, solely an username may be sent.
Abuse, Copyright and Freedom of Speech
By default, BPHosting defends freedom of speech and will NOT reply to any abuse complaint
Suspension and Termination
Customer is responsible of renewal before the end date; BPHosting will notify customer (seven) 7 days prior to the end of the subscription period. After 2 days of non-payment, services will be terminated irrevocably along with all data and any other related assets.
Failure by either Company (BPHosting) or Customer to enforce any of the provisions of this Agreement or any rights with respect hereto or the failure to exercise any option provided hereunder shall in no way be considered to be waiver of such provisions, rights or options, or to in any way affect the validity of this Agreement. If one or more of the provisions contained in this Agreement are found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. This agreement may suffer changes without prior notice.