agrees to furnish services to the Subscriber, subject to the
following Terms of Service. Use of BWHost.com’s service constitutes
acceptance and agreement to BWHost.com’s Terms of Service.
reserves the right to modify the Terms of Service without notice.
may use our services, provided that you are of legal age to form a
binding contract and are not barred from receiving such services
under the laws of the United States or other jurisdictions. In order
to access our services, you are required to provide current and
factual identification, contact, and other information as part of
the registration process. You are responsible for the
confidentiality of your account information and for all activities
that occur under your account. You are solely responsible for all
content within your account. You agree to immediately notify
BWHost.com of any unauthorized use of your account or any other
breach of security. BWHost.com will not be liable for any loss or
damage as a result of your failure to provide us with accurate
information or to keep your account secure.
are responsible for the actions of all users of your account and any
data that is created, stored, displayed by, or transmitted by your
account while using BWHost.com. You will not engage in any activity
that interferes with or disrupts BWHost.com’s services or networks
connected to BWHost.com.
agree that any of the below activities are considered prohibited
usage and will result in immediate account suspension or
cancellation without a refund and the possibility that BWHost.com
will impose fees; and/or pursue civil remedies without providing
of System Resources: Intentional misuse of system resources,
including but not limited to employing programs that consume
excessive network capacity, CPU cycles, or disk IO.
and Unsolicited Bulk Email (UBE): BWHost.com has a zero tolerance
policy on spam, Junk E-mail or UBE. Spam, Junk-mail and UBE are
defined as: the sending of the same, or substantially similar,
unsolicited electronic mail messages, whether commercial or not, to
more than one recipient. A message is considered unsolicited if it
is posted in violation of a newsgroup charter or if it is sent to a
recipient who has not requested the message. UBE also includes
e-mail with forged headers, compromised mail server relays, and
false contact information. This prohibition extends to the sending
of unsolicited mass mailings from another service, which in any way
implicates the use of BWHost.com whether or not the message actually
originated from our network.
Lists: BWHost.com’s mass mailing rules also apply to mailing lists,
list servs, or mailing services you may contract with. The policy is
stated as follows: An acceptable mailing list will be focused at a
targeted audience that has voluntarily signed up for your e-mail
information or that has made their e-mail address available for
distribution of information from you. The list must also allow for
automatic removal of recipients with non-distribution in the future.
to Other Computers or Networks without Authorization: Attempting
unauthorized and/or illegal access of computers, networks and/or
accounts not belonging to party seeking access. Any act which
interferes with the services of another user or network. Any act
relating to the circumvention of security measures.
and the services it provides may only be used for lawful purposes.
Transmission, distribution, or storage of any information, data or
material in violation of United States or state regulation or law,
or by the common law, is prohibited. This includes, but is not
limited to, material protected by copyright, trademark, trade
secret, or other intellectual property rights. BWHost.com’s services
may not be used to facilitate infringement of these laws in any way.
Activities viewed as Illegal or Harmful: Engaging in illegal
activities or engaging in activities harmful to the operations of
BWHost.com or BWHost.com’s customers.
False Data on any Contract or Application: including fraudulent use
of credit card numbers.
does not prohibit the use of distributed, peer to peer network
services such as Tor, nor does BWHost routinely monitor the network
communications of customer BWHosts as a normal business practice.
However, customers are responsible for the contents of network
traffic exiting their BWHost. Any usage that prompts the receipt of
abuse complaints pertaining to violation of United States and/or
international copyright law must be promptly discontinued to avoid
service cancellation for violation of these terms.
agree that BWHost.com shall be permitted to charge your credit card
on a monthly, annual, or other agreed upon basis in advance of
providing services. Payment is due upon invoicing. Service may be
interrupted on accounts that reach 10 days past due. Accounts that
are not collectable by BWHost.com may be turned over to an outside
collection agency for collection.
is aware that BWHost.com may prospectively change the specified
rates and charges from time to time.
is not responsible for any additional bank fees, interest charges,
finance charges, over draft charges, or other fees resulting from
charges billed by BWHost.com. Currency exchange settlements will be
based on agreements between you and the provider of your credit
card. Pro-rated credits are issued for unused services when customer
retains any active service. Pro-rated refunds are issued if customer
does not retain any active service and they are specifically
requested via the cancellation form. All refunds are subject to a
$5.00 service charge unless cancelling within the 7 day money-back
provides a 99.9% uptime guarantee on all BWHost hardware, and on
network connectivity. In any given month, if your BWHost is down for
more than 0.1%, you may request a pro-rated credit for the
provides 24 x 7 technical support to our subscribers via our Support
Ticket system. The following are our guidelines when providing
support: BWHost.com provides support related to your BWHost virtual
server physically functioning. BWHost.com does not offer technical
support for application specific issues such as application
configuration, cgi programming, web or mail server configuration, or
any other such issue. BWHost.com does not provide technical support
to your customers.
Cancellation or Suspension
reserves the right to suspend network access to any customer if, in
the judgment of the BWHost.com network administrators, the
customer’s server is the source or target of a violation of any of
the other terms of service or for any other reason which BWHost.com
chooses. BWHost.com will use reasonable care in notifying the
Customer and in resolving the problem in a method resulting in the
least amount of service interference. BWHost.com reserves the right
to terminate service without notice for continued and repeated
violations of the terms of service. 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 machines were suspended.
at any time it becomes necessary for BWHost.com to cancel a
customer’s service without cause, BWHost.com will provide 30 days
may cancel the service at any time by using the “Cancel
Account” link located on the “My Accounts” sub-tab of
the BWHost Manager. Accounts are canceled immediately after
confirmation. Cancellation of service does not relieve Subscriber of
responsibility for the payment of all accrued charges.
BWHost.com assigns Customer an Internet Protocol address for
Customer’s use, the right to use that Internet Protocol address
shall belong only to BWHost.com, and Customer shall have no right to
use that Internet Protocol address except as permitted by BWHost.com
in its sole discretion in connection with the Services, during the
term of this Agreement. Our allocation of IP addresses is limited by
ARIN’s policies. These policies state that use of IP addresses for
IP based virtual hosts will not be accepted as justification for new
IP addresses when the protocol supports name-based virtual hosts.
What this means to you is that you MUST use name-based hosting where
acknowledges that the service provided is of such a nature that
service can be interrupted for many reasons other than the
negligence of BWHost.com and that damages resulting from any
interruption of service are difficult to ascertain. Therefore,
subscriber agrees that BWHost.com shall not be liable for any
damages arising from such causes beyond the direct and exclusive
control of BWHost.com. Subscriber further acknowledges that
BWHost.com’s liability for its own negligence may not in any event
exceed an amount equivalent to charges payable by subscriber for
services during the period damages occurred. In no event shall
BWHost.com be liable for any special or consequential damages, loss
or injury. BWHost.com is not responsible for any damages your
business may suffer. BWHost.com does not make implied or written
warranties for any of our services. BWHost.com 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 BWHost.com.
to Law Enforcement
Terms of Service specifically prohibits the use of our service for
illegal activities. Therefore, Subscriber agrees that BWHost.com may
disclose any and all subscriber information including assigned IP
numbers, account history, account use, etc. to any court who sends
us a valid Court Order, without further consent or notification to
the Subscriber. In addition, BWHost.com shall have the right to
terminate all service set forth in this Agreement.
agree that your use of BWHost.com shall be at your sole risk. All
services provided by BWHost.com are available as is, without
wishes to emphasize that in agreeing to the BWHost.com Terms of
Service, customer indemnifies BWHost.com for any violation of the
Terms of Service that results in loss to BWHost.com or the bringing
of any claim against BWHost.com by any third-party. This means that
if BWHost.com is sued because of a customer’s or a customer of a
customer’s activity, the customer will pay any damages awarded
against BWHost.com, plus all costs and reasonable attorney’s fees.
agree that BWHost.com may provide you with notices, including those
regarding changes to the Terms of Service, by email, regular mail,
or postings on BWHost.com services.
Terms of Service (including any policies, guidelines or amendments
that may be presented to you from time to time) constitute the
entire agreement between you and BWHost.com and govern your use of
BWHost.com services, superceding any prior agreements between you
and BWHost.com for the use of BWHost.com services.
of Law and Forum
Terms of Service and the relationship between you and BWHost.com
shall be governed by the laws of the State of New Jersey without
regard to its conflict of law provisions. You and BWHost.com agree
to submit to the personal and exclusive jurisdiction of the courts
located within the county of Atlantic, New Jersey.
and Severability of Terms
failure of BWHost.com to exercise or enforce any right or provision
of the Terms of Service shall not constitute a waiver of such right
or provision. If any provision of the Terms of Service is found by a
court of competent jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavor to give effect to
the party’s intentions as reflected in the provision, and the other
provisions of the Terms of Service remain in full force and effect.
agree that regardless of any statute or law to the contrary, any
claim or cause of action arising out of or related to use of
BWHost.com services or the Terms of Service must be filed within one
(1) year after such claim or cause of action arose or be forever
information on how we collect and use customer information, please
refer to our Privacy