Copyright © 1996-2023 BMChosting - All rights reserved

Terms and Conditions
Service Contract - Terms and Conditions
BMC Limited is a provider of Web Site hosting services.
Under the terms of this agreement, use of BMC Limited's Web
Site hosting services ("services") and/or your placement of information
on BMC Limited's servers is an acknowledgement that you have
read and understood this agreement and the accompanying Use Policies,
and that you agree to be bound by the terms and conditions below.
If you do not wish to be bound by these terms and conditions, you
should not proceed to utilize of BMC Limited's Web Site hosting
services and/or place any information of any kind on BMC Limited's
servers.
1. SERVICE
a. During the term of this Agreement, BMC Limited shall provide
web site hosting services to Customer. The specific web site hosting
services to be provided to Customer shall be established by correspondence
between BMC Limited and Customer. Such web site hosting services
shall be deemed incorporated by reference into this Agreement, as
if fully set forth herein.
b. At Customer's request, BMC Limited will acquire an Internet
Second-Level Domain Name ("Domain Name"), from the Contracted Registrar
on behalf of Customer. Customer's request for and/or acceptance
of a Domain Name obtained by BMC Limited shall in all cases
constitute Customer's waiver of any and all claims which Customer
may have, or which may later arise, against BMC Limited or
its third party providers, for any and all damages, losses, claims
or expenses arising or related to the acquisition, registration
and/or use of the Domain Name. Any cost incurred by BMC Limited
to obtain and/or maintain the Domain Name on behalf of Customer
shall be charged to Customer. Request for and acceptance of a domain
name requires BMC Limited to supply the domain name to the
Contracted Registrar, which in turns supplies the Domain Name to
third parties. c. During the term of this Agreement, BMC Limited
grants to Customer a non-exclusive, personal, non-transferable license
to access and use the BMC Limited Services solely on and
as part of BMC Limited's World Wide Web site and servers.
BMC Limited may modify the BMC Limited Services at
any time for any reason and may provide modified versions of the
BMC Limited Services to Customer.
2. FEES AND PAYMENT
All orders are subject to acceptance by BMC Limited. An order
will be deemed accepted by BMC Limited when BMC Limited
sends written or electronic confirmation of the order to Customer.
In consideration of BMC Limited's Web Site hosting services,
you agree to pay BMC Limited, in advance of the time period
during which such services are provided. You agree that all setup
fees are non-refundable once setup is completed. You agree that
until and unless you notify BMC Limited of your desire to
cancel any or all services received, those services will be billed
on a recurring basis. You agree that if you are paying by credit
card, prepayments will be billed and charged automatically, and
that BMC Limited may apply the amount due to the provided
card at any time. You also agree that you are an authorized user
of any credit card that you supply to us and agree that we have
an obligation to fully investigate any possible fraudulent credit
card use. BMC Limited shall charge Customer's credit card
for the applicable set-up fees and monthly fees. Such fees and charges
shall include, without limitation, the fees for connectivity and
design services. BMC Limited reserves the right to change
the amount of, or basis for determining, any fees or charges and
institute new fees and charges upon prior notice to Customer. Customer
must provide BMC Limited with a valid credit card number
to which BMC Limited will automatically charge all BMC
Limited fees as they become due. All monthly fees and set-up
fees shall be due in advance of the month incurred and all additional
charges shall be due at the end of the month in which such charges
are incurred. Except as provided in Section 3, the set-up fees are
nonrefundable and BMC Limited does not issue pro rata refunds
for fees paid in advance. If payment by Customer's credit card is
denied, or Customer's charge is returned to BMC Limited for
any reason, including charge back or Customer otherwise fails to
make any payments owing to BMC Limited, BMC Limited
may, at BMC Limited's discretion, suspend or terminate access
to the BMC Limited Services and/or terminate this Agreement.
Customer's right to use the BMC Limited Services are subject
to any limits established by BMC Limited or by the issuer
of Customer's credit card. Interest charges of 1% per month (or
the highest rate permitted by law if lower than 1% per month) will
accrue daily on any unpaid balance, which is more than thirty (30)
days overdue. Customer shall be responsible for any and all taxes
related to this Agreement. If payment is not made when due, BMC
Limited may engage legal counsel to take any action necessary
to enforce collection of the amount due. In addition, BMC Limited
shall be entitled to recover all costs of collection, including
attorney's fees. BMC Limited reserves the right to change
or modify its fees at any time, except with respect to any fees
paid an advance of such change or modification.
3. 30 DAY MONEY BACK GUARANTEE
Customer will be invoiced immediately upon signup and effective
the initial service date. In accordance with our 30 day money back
guarantee customer must provide written or electronic confirmation
of cancellation before expiration of the 30th day of service. Upon
receipt of notice, we will refund all fees associated with this
account, except any account set-up fees disclosed to Customer at
the time of signup, and except any domain name registration fees
. If we do not receive such written or electronic confirmation within
30 days, customer will be responsible to pay all fees associated
with their account.
4. REFUSAL OR DISCONTINUANCE OF SERVICE; TERMINATION OF AGREEMENT
BMC Limited reserves the right to refuse or discontinue service,
in whole or in part, to anyone at BMC Limited's sole discretion.
BMC Limited shall have no responsibility to notify any third-party
providers of services, merchandise, or information, nor any responsibility
for any consequences resulting from such discontinuance or lack
of notification. BMC Limited reserves the right to refuse
to post or to remove any information or materials, in whole or in
part, that, in its sole discretion, are unacceptable, undesirable,
or in violation of this agreement.
A. This Service Contract and Customer's access to the BMC Limited
Services shall terminate as follows: (i) Either party may terminate
upon thirty (30) days prior notice; (ii) BMC Limited may
immediately and without prior notice terminate upon a violation
by Customer of BMC Limited's acceptable use policies; (iii)
BMC Limited may terminate immediately and without prior notice.
Customer has any breached this Agreement.
B. Upon any termination in accordance with Section (i) above,
BMC Limited shall permit Customer forty-eight (48) hours to
download or otherwise copy any of Customer's information and data
residing on BMC Limited's facilities prior to removing such
information and data from BMC Limited's facilities. Upon
termination under all other circumstances, BMC Limited may
immediately remove all of Customer's data and information from
BMC Limited's facilities and Customer shall have no right
to copy or download such data or information, and, in such event,
all such information and data, including all copyrighted or copyrightable
material therein, shall then become the property of BMC Limited.
In cases where Customer's account has been cancelled, and Customer
is requesting reactivation, BMC Limited, at it's option,
may reactivate the same account, only if the account had been cancelled
less than sixty (60) days prior. After sixty (60) days, Customer
will be required to set up a new account.
C. To cancel a BMC Limited web hosting, domain name services
or electronic commerce services, Customer should use the online
administrator to cancel their account. Annual Accounts canceled
before their term has expired will be charged monthly rates for
services rendered to that point and a $25 cancellation fee plus
a $10 check issuance fee. If account is cancelled after renewal
has processed, a $25 refund processing fee and a $10 check issuance
fee will be applied in addition to monthly pro-rated charges. Monthly
accounts cancelled after the 1st day of the month will be charged
applicable charges for that month. All refunds of any nature will
be issued via check mailed to a confirmed address by the customer.
Funds cannot be placed back on users credit card.
D. The use of BMC Limited or any other service with reference
to services obtained through BMC Limited, for unsolicited
mass mailings, postings, or other activities considered an annoyance
to others, commonly referred to as "spamming" is strictly prohibited
and may cause your services to be terminated immediately and without
warning and you will be held fully responsible for any damages to
you, BMC Limited, or any other party or parties resulting
from any such conduct.
5. USER IDENTIFICATION AND CONDUCT
You agree that you as the person legally responsible for use of
this account, are at least 18 years of age. You agree to supply
BMC Limited with a current and truthful name, postal address
and telephone number for our records, and you have a continued obligation
to keep this information current. You agree not to maliciously or
intentionally interfere with the proper operation of the system,
including but not limited to defeating identification procedures,
obtaining access beyond that which you are authorized for, and impairing
the availability, reliability, or quality of service for other customers.
You further agree not to interfere with the proper operation of
other systems reachable through the Internet, including any attempt
at unauthorized access. You agree to follow the Acceptable Use Policy
of any network or service you connect to. You agree to adhere to
system policies as published online by BMC Limited, including
restrictions on services available with each account type, restrictions
on certain features, and all other policies designed to protect
and enhance the quality and reliability of service at BMC Limited.
You agree to abide by any and all future BMC Limited policy
decisions. You agree to follow the Acceptable Use Policy of any
network or service you connect to. Any use of the service which
violates any local, state, federal, or international laws which
may apply to you or to BMC Limited is strictly prohibited.
While using the service, you may not:
A. Restrict or inhibit any other user from using and enjoying the
Internet;
B. Post or transmit any unlawful, threatening, abusive, libelous,
defamatory, obscene, offensive, indecent, pornographic, profane,
or otherwise objectionable information of any kind, including without
limitation any transmissions constituting or encouraging conduct
that would constitute a criminal offense, give rise to civil liability,
or otherwise violate any local, state, federal or international
law, including without limitation the U.S. export control laws and
regulations, and laws protecting intellectual property including
copyright, trademark, trade secret, misappropriation and anti-dilution
laws;
C. Post, publish, transmit, reproduce or distribute any information
or software which contains a virus or other harmful component;
D. Post, publish, transmit, reproduce, distribute or in any way
exploit any information, software, or other material obtained through
the service for commercial purposes (other than as expressly permitted
by the provider of such information, software, or other material);
E. Maliciously or intentionally interfere with the proper operation
of the system, including but not limited to defeating identification
procedures, obtaining access beyond that which you are authorized
for, and impairing the availability, reliability, or quality of
service for other customers.
F. Interfere with the proper operation of other systems reachable
through the Internet, including any attempt at unauthorized access.
G. Transmit unsolicited or prohibited advertising or other harassing
or illegal materials through electronic mail, Usenet postings, or
other Internet media.
6. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless BMC Limited
from any and all liability, penalties, losses, damages, costs, expenses,
attorneys' fees, causes of action or claims caused by or resulting
indirectly from your use of the service which damages either you,
BMC Limited, or any other party or parties without limitation
or exception. This indemnification and hold harmless agreement extends
to all issues associated with your account, including but not limited
to domain name selection and Web site content.
7. NO WARRANTIES
BMC Limited makes no warranties or representations of any
kind for the services being offered. The service is provided on
an "as is" and "as available" basis without warranties of any kind,
either express or implied, including but not limited to warranties
of title, noninfringement, or implied warranties of merchantability
or fitness for a particular purpose. BMC Limited provides
no warranty that the service will be uninterrupted or error free
or that any information, software or other material accessible on
the service is free from viruses or other harmful components. Under
no circumstances shall BMC Limited be liable for any direct,
indirect, special, punitive, or consequential damages that result
in any way from your use of or inability to use the service, or
for third parties' use of the service to access your Web space,
or to access the Internet or any part thereof, or your or any third
parties' reliance on or use of information, services, or merchandise
provided on or through the service, or that result from mistakes,
omissions, interruptions, deletion of files, errors, defects, delays
in operation or transmission, or any failure of performance. If
you are dissatisfied with BMC Limited service or any of its
terms, conditions, rules, policies, guidelines, or practices, your
sole and exclusive remedy is to discontinue using the service.
BMC Limited has the right to change prices, or add or delete
product features of any existing product or service. The right to
change products or services extends to any software supporting a
product or service. BMC Limited has the right to discontinue
products or services and the right to remove or reassign IP addresses
of a customer's web site. Except for certain products and services
specifically identified as being offered by BMC Limited,
BMC Limited does not control any materials, information,
products, or services on the Internet. The Internet contains unedited
materials, some of which are sexually explicit or may be offensive
to you. BMC Limited has no control over and accepts no responsibility
for such materials. You assume full responsibility and risk for
use of the services and the Internet and are solely responsible
for evaluating the accuracy, completeness, and usefulness of all
services, products, and other information, and the quality and merchantability
of all merchandise provided through the service or the Internet.
You understand that by placing information on BMC Limited's
servers that such information becomes available to all Internet
users and that BMC Limited has no way of limiting or restricting
access to such information or protecting such information from copyright
infringement. You assume total responsibility and risk for your
use of BMC Limited's servers and the Internet. It is solely
your responsibility to evaluate the accuracy, completeness, and
usefulness of all opinions, advice, services and other information,
and the quality and merchantability of all merchandise provided
through BMC Limited or on the Internet generally.
No advice or information given by BMC Limited or its agents
or employees shall create a warranty. THE TOTAL AGGREGATE LIABILITY
OF BMC Limited TO CUSTOMER SHALL BE LIMITED TO THE AMOUNT
PAID TO BMC Limited BY CUSTOMER HEREUNDER DURING THE THREE
MONTHS IMMEDIATELY PRECEDING A CLAIM IN WHICH BMC Limited
IS LIABLE TO CUSTOMER. IN NO EVENT SHALL BMC Limited BE LIABLE
FOR ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL
DAMAGES, LOSS OF PROFITS OR LOSS OF BUSINESS, REGARDLESS OF WHETHER
SUCH DAMAGES ARE BASED UPON BREACH OF CONTRACT, TORT, OR OTHERWISE
AND WHETHER OR NOT BMC Limited HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
8. ECPA NOTICE
BMC Limited has the right to monitor the service electronically
from time to time and to disclose any information as necessary to
satisfy the law, or to protect itself or its subscribers. You agree
that BMC Limited is not considered a "secure communications
medium" for the purposes of the ECPA, and that no expectation of
privacy is afforded.
9. SECURITY
You agree that the security of your account is solely your own responsibility.
You further agree that if you believe the security of your account
has been compromised in any way, you will notify BMC Limited
immediately in writing by registered mail, return receipted, to
BMC Limited, PO Box 2506, Edwards, CO 81632. BMC Limited
shall not be responsible for any misuse or compromise to your account.
You agree that if any security violations are believed to have occurred
in association with your account, BMC Limited has the right
to suspend access to the account pending an investigation and resolution.
You also agree that BMC Limited has the right to cooperate
in any government or legal investigation regarding any aspect of
our services, including services sold to you. Any use of our system
to engage in software piracy or other violations of law will result
in account suspension and be immediately reported to the appropriate
authorities.
10. BACKUP OF DATA
Your use of the service is at your sole risk. BMC Limited
is not responsible for files and data residing on your account.
You agree to take full responsibility for files and data transferred
and to maintain all appropriate backup of files and data stored
on BMC Limited servers. If data, in BMC Limited's
sole determination, data can be recovered from BMC Limited's
servers, Customer may contract separately with BMC Limited
for data recovery services; a minimum non-refundable fee of $250,
payable in advance, will be charged for data recovery services per
account.
11. PRIOR AGREEMENTS
This agreement supersedes any written, electronic, or oral communication
you may have had with BMC Limited or any agent or representative
thereof, and constitutes the complete and total agreement between
the parties.
12. SEVERABILITY
If any provision of this agreement is determined to be invalid or
unenforceable, all other provisions shall remain in full force and
effect and said provision shall be reformed only to the extent necessary
to make it enforceable.
13. APPLICABLE LAW, JURISDICTION, AND SERVICE
This agreement shall be governed by the applicable laws of the State
of Colorado, USA ("Colorado") and the United States of America.
Customer agrees that all services provided by BMC Limited
shall be deemed to have been requested and provided in Larimer County,
Colorado. Customer further agrees that the Court of Common Pleas
of Larimer County, Colorado, shall have personal jurisdiction over
Customer and exclusive subject matter jurisdiction over any and
all controversies or claims arising from or relating to this agreement
or the services provided by BMC Limited. Customer agrees
to accept service of process related to this agreement by ordinary
mail, postage prepaid, to the most recent address provided by Customer.
14. ACKNOWLEDGEMENT
By placing and continuing to maintain or place information on
BMC Limited's servers you are stating and acknowledging that
you have read the aforementioned terms and conditions and that you
understand such terms and conditions and agree to be bound by them.
Either party shall be excused from any delay or failure in performance
hereunder caused by reason of any occurrence or contingency beyond
its reasonable control, including but not limited to, acts of God,
earthquake, labor disputes and strikes, riots, war, and governmental
requirements. The obligations and rights of the party so excused
shall be extended on a day-to-day basis for the period of time equal
to that of the underlying cause of the delay.
Customer may not assign its rights or delegate any of its duties
under this Agreement without prior written consent of BMC Limited,
and any attempted assignment or delegation without such consent
shall be void. If one or more provisions of this Agreement shall
be held to be invalid, illegal, or unenforceable, the validity,
legality and enforceability of the remaining provisions shall not
be affected or impaired thereby. Nothing in this Agreement or in
the understanding of the parties construes upon the parties the
status of partners or joint ventures. BMC Limited may subcontract
any work, obligations or other performance required of BMC Limited
under this Agreement without consent of Customer. Other than the
termination of this agreement, all notices provided hereunder sent
by email, mail or certified mail to BMC Limited, will be
effective upon transmission. BMC Limited has the right to
amend the Agreement from time to time, and will do so by posting
the new Agreement on the BMC Limited web site under the Terms
and Conditions at the Policies and Agreements page.
15. INTELLECTUAL PROPERTY
Customer acknowledges and agrees that the BMC Limited Services
constitute confidential and proprietary information of BMC Limited
and its licensors and embodies trade secrets and intellectual property
of BMC Limited and its licensors protected under United States
copyright and other laws and international treaty provisions. Customer
further acknowledges that all right, title, and interest in and
to all parts of the BMC Limited Services, including, without
limitation, associated intellectual property rights, are and shall
remain with BMC Limited and its licensors. Customer shall
not, and shall cause its employees and agents not to, disclose or
transfer any portion of the BMC Limited Services to any third
party. Customer further agrees not to translate, decompile, reverse
engineer, disassemble, modify, reproduce, rent, lease, lend, sublicense,
distribute, remarket or otherwise dispose of any portion of the
BMC Limited Services. Customer hereby acknowledges that,
if BMC Limited at any time or from time to time performs
any customizations or modifications to BMC Limited Services,
all rights and interests to such customizations or modifications
shall be the sole property of BMC Limited.
USE POLICIES
1. Adult Content
Adult-oriented sites, designed for either entertainment or commercial
purposes, are not allowed on BMC Limited servers. Forbidden
sites include those that provide access to pornographic materials
(images or multimedia), whether for free or for payment, regardless
of whether adult verification is used or not. Exceptions are made
for educational sites, sites providing only links to other sites,
and text materials of an adult nature, although we reserve the right
to make further restrictions at our own discretion.
2. Interactive Chat
Interactive Web applications, of the specific type commonly known
as "chat", are not allowed on BMC Limited's servers. For
the purposes of this policy, a "chat" system is defined as a Web
site or portion thereof that encourages visitors to post messages
that are immediately viewable by other users, in order to engage
in "real-time" conversation with other visitors at the same site.
BMC Limited does not support any systems of that nature.
3. Misuse of Account Features
All account features are to be used solely in order to develop and
implement the Web site(s) associated with that account. Operating
any service which makes an account feature available to third parties
for any use other than normal access to that account's Web site
is forbidden. Operating any service which enables or assists anonymous
or abusive behavior by third parties is forbidden. Operating any
service which affects the stability or reliability of any BMC
Limited server or network component, impacts other users or
the company negatively, or degrades quality of service is forbidden.
BMC Limited reserves the right to immediately discontinue
service for any system whose maintainer is unable or unwilling to
control abuse or related problems.
4. Security and Cracking
Use of BMC Limited services to engage in any type of fraud,
"cracking", malicious, improper or illegal behavior, or harassment
(as determined in BMC Limited's sole discretion) is expressly
forbidden. Interference with the proper operation of systems reachable
via the Internet is forbidden. Compliance with the acceptable use
policies of any network or system with which you connect through
our service is required. Trafficking in pirated software and/or
the use of BMC Limited services to publish or otherwise disseminate
information about the availability of pirated software or other
material that is being made available illegally, including the publication
of a list of links to such material, regardless of disclaimers,
is specifically forbidden. If inappropriate activity is detected,
all accounts of the user in question will be deactivated until the
investigation is complete. Prior notification to the user is not
assured. We reserve the right to contact law enforcement regarding
the activity.
5. Spam
The transmission of unsolicited advertising or other content through
electronic mail or Usenet postings is forbidden. The use of BMC
Limited for unsolicited mass mailings or postings (commonly
known as "Spam") or use of any other service to make such a mailing
or posting, with any reference to BMC Limited services (including
but not limited to mailboxes, autoresponders, and Web pages) by
any customer will cause that customer's services to be terminated
immediately and without notice, and the customer will be held legally
responsible for the damages to BMC Limited, both monetary
and in reputation.
6. Abuse Reporting
To report any incident of abusive practices related to our services
or users, please forward the offending message, with full headers
included, to abuse@bmchosting.com.