Hosting Terms and Conditions

Hosting - Web and Database Hosting Terms and Conditions

Hosting Terms and Conditions

1. Introduction
2. Glossary of Terms
3. a. Account Setup / Email on file
b. Web Site Hosting And Email
c. Transfer
d. Acceptable Content
4. Service Availability
5. Payment
6. Termination
7. Indemnity
8. Limitation Of Liability
9. Revisions
11. Notices
12. Applicable Law
13. Headings
14. Entire Agreement
15. Comments and Questions

1. Introduction

The Website Owner including subsidiaries and affiliates offer website hosting and database hosting services subject to the terms and conditions set out in these terms and conditions, the privacy policy and any other relevant terms and conditions, policies and notices which may be applicable to supply of hosting services.

2. Glossary of Terms

We includes the Website Owner - www.bitzworx.com - ("Website" or "Website Owner" or "we" or "us" or "our") or any party acting on the Website Owner's implicit instructions.

You ("you", "your", "Customer") includes the person purchasing the services or any party acting on the customer's instructions.

Server means the computer server equipment operated by us in connection with the provision of the Services.

Web Site means the area on the Server allocated by us to you for use by you as a site on the Internet.

In consideration of the mutual covenants herein, the parties agree to the following, which shall apply during the term of this agreement

3a. Account Setup / Email on file

3a.1 We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. If you have a domain name registered with Bitzworx, it is your responsibility to ensure that the contact information for your domain account and your actual domain name(s) is correct and up-to-date. Bitzworx is not responsible for a lapsed registration due to outdated contact information being associated with the domain. If you need to verify or change this information, you should contact our sales team via support ticket. Providing false contact information of any kind may result in the termination of your account.

3b. Web Site Hosting And Email

3b.1 We make no representation and give no warranty as to the accuracy or quality of information received by any person via the Server and we shall have no liability for any loss or damage to any data stored on the Server.
3b.2 You shall effect and maintain adequate insurance cover in respect of any loss or damage to data stored on the Server.
3b.3 You represent, undertake and warrant to us that you will use the Web Site allocated to you only for lawful purposes. In particular, you represent, warrant and undertake to us that.
3b.3.1 You will not use the Server in any manner which infringes any law or regulation or which infringes the rights of any third party, nor will you authorise or permit any other person to do so.
3b.3.2 You will not post, link to or transmit:

(a) any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, blasphemous, profane or otherwise objectionable in any way.

(b) any material containing a virus or other hostile computer program.

(c) any material which constitutes, or encourages the commission of, a criminal offence or which infringes any patent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction.

3b.3.3 COMMERCIAL ADVERTISING AND BULK EMAIL - You will not send bulk email whether opt-in or otherwise from our network. Nor will you promote a site hosted on our network using bulk email.

Bitzworx Hosting takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM through our network and services. Customers of Bitzworx hosting may not use or permit others to use our network to partake in UCE or SPAM distribution. Customers of Bitzworx Hosting may not host or permit hosting of sites or information that is advertised by UCE or SPAM sent from other servers or networks.
In addition to U.S. Federal Trade Commission (FTC) definitions, SPAM is further defined as any email that is sent to a recipient that did not ask for it to be sent to them or any email that is sent to recipients who have not Confirmed Opt-In or Closed-Loop Opt-In for email correspondence purposes. Users must comply with all relevant legislation and regulations on bulk and commercial e-mail, including the CAN-SPAM Act of 2003. Bitzworx Hosting will be the sole arbiter as to what constitutes a violation of this provision and may take actions including, but not limited to, immediate service disconnection or suspension to ensure the quality of our network.
Users who maintain email lists, or send emails to more than 10 recipients at a time, or send more than 1,000 emails in a 30-day period must maintain complete and accurate records of all consents and opt-ins and provide such records to Bitzworx Hosting upon its request and allow any party sent email to remove itself automatically and permanently. If a user cannot provide positive and verifiable proof of such consents and opt-ins, Bitzworx Hosting will consider the mass mailing to be unsolicited and take appropriate action to ensure the quality of our network.
Other prohibited activities related to email include, without limitation, the following: (i) Use of Bitzworx Hosting Network for the receipt of replies to unsolicited mass e-mail; (ii) Forgery of e-mail headers (“spoofing”); (iii) Spamming via third-party proxy, ip tunneling, aggregation of proxy lists, or installation of proxy mailing software; (iv) Configuration of any server to accept and process third-party messages for sending without verified user identification and authentication (open-relay mailers); (v) Hosting web pages advertised within “spam e-mail” sent from another network (“spamvertising”); (vi) Hosting web pages or providing services that support bulk emailers or SPAM; (vii) Any other unsolicited bulk messages, postings, or transmissions through media such as weblog posts, IRC/chat room messages, guestbook entries, HTTP referrer log entries, USENET posts, pop-up messages, instant messages, or SMS messages; (viii) configuring or altering a server in such a way as to defeat remote anti-SPAM filters such as trying to send emails out multiple IP addresses on the same server, or using invalid or recently registered domain names to mask the true identity of your emails; (ix) use of any email address on a mailing list that was not opt-in verified by the same IP address and domain used to send outbound emails.
SPAM Complaint Processing fees - A service fee of $50 per spam complaint will be applied for SPAM complaints that are processed by or sent to Bitzworx Hosting as a result of violations of these Terms of Service. A service fee of $125/hour will apply for investigation and corrective work performed by Bitzworx Hosting to resolve SPAM violations.
IP Blacklisting Removal Fees If, as a result of a Customer's actions, Bitzworx Hosting's mail servers or IP address ranges are placed on email black hole lists or other mail filtering software system list, Bitzworx Hosting shall charge Customer $250 upfront and $125 per hour thereafter for any necessary investigation and corrective work.

3b.3.4 You will not employ programs which consume excessive system resources, including but not limited to processor cycles and memory.
3b.4 We reserve the right to remove any material which we deem inappropriate from your web site without notice. We do not host Warez or illegal MP3 content.
3b.5 You shall keep secure any identification, password and other confidential information relating to your account and shall notify us immediately of any known or suspected unauthorised use of your account or breach of security, including loss, theft or unauthorised disclosure of your password or other security information.
3b.6 You shall observe the procedures which we may from time to time prescribe and shall make no use of the Server which is detrimental to our other customers.
3b.7 You shall procure that all mail is sent in accordance with applicable legislation (including data protection legislation) and in a secure manner.
3b.8 In the case of an individual User, you warrant that you are at least 16 years of age and if the User is a company, you warrant that the Services will not be used by anyone under the age of 16 years.
3b.9 Any access to other networks connected to www.bitzworx.com must comply with the rules appropriate for those other networks.
3b.10 While we will use every reasonable endeavour to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorised users or hackers and we shall be under no liability for non-receipt or misrouting of email or for any other failure of email.

3c. Transfers

Our transfers team will make every effort to help you move your site to us. However, transfers are provided as a courtesy service, and we can not make guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some or all account data. We will try our best, but in some cases we may be unable to assist you in a transfer of data from an old host.

The free transfer services are available for 30 days from your sign up date. Transfers outside of the 30 day free period will incur a charge; please contact a member of the sales department with specific details to receive a price quote.

3d. Content

All services provided by Bitzworx may only be used for lawful purposes.

The customer agrees to indemnify and hold harmless Bitzworx from any claims resulting from the use of our services.

Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of anothers copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe that your copyright or trademark is being infringed upon, please email This e-mail address is being protected from spambots. You need JavaScript enabled to view it with the information required. If the request is of a licensing issue, we may require further documentation.

Using a shared account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account. Please do not take backups of your backups.

Examples of unacceptable material on all Shared and Reseller servers include:

Topsites
IRC Scripts/Bots
Proxy Scripts/Anonymizers
Pirated Software/Warez
Image Hosting Scripts (similar to Photobucket or Tinypic depending on size of site contact us first to receive an ok from management)
AutoSurf/PTC/PTS/PPC sites
IP Scanners
Bruteforce Programs/Scripts/Applications
Mail Bombers/Spam Scripts
Banner-Ad services (commercial banner ad rotation)
File Dump/Mirror Scripts (similar to rapidshare)
Commercial Audio Streaming (more than one or two streams)
Escrow/Bank Debentures
High-Yield Interest Programs (HYIP) or Related Sites
Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
Sale of any controlled substance without prior proof of appropriate permit(s)
Prime Banks Programs
Lottery Sites
MUDs/RPGs/PBBGs (As this is not always disallowed please contact us first)
Hateful/Racist/Harassment oriented sites
Hacker focused sites/archives/programs
Sites promoting illegal activities
Forums and/or websites that distribute or link to warez/pirated/illegal content
Bank Debentures/Bank Debenture Trading Programs
Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
Mailer Pro

Bitzworx services, including all related equipment, networks and network devices are provided only for authorized customer use. Bitzworx systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of Bitzworx system(s) constitutes consent to monitoring for these purposes.

Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control must be with expressed written consent from the third party. Bitzworx may, at its discretion, request and require documentation to prove access to a third party network or system is authorized.

We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice. We also, reserve the right to terminate any account for any reason at any time.

Failure to respond to email from our abuse department within 24 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via troubleticket/email and will have a response within 12 hours.

If in doubt regarding the acceptability of your site or service, please contact us at This e-mail address is being protected from spambots. You need JavaScript enabled to view it and we will be happy to assist you.

Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita):

Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.

Resellers and Sub Resellers: we will suspend the site in question and will notify you so you may terminate the account. We will further monitor your activity; more than one infraction of this type may result in the immediate termination of your account.

Direct customers: Your services will be terminated with or without notice.

Violations will be reported to the appropriate law enforcement agency.

It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.

4. Service Availability

4.1 We shall use our reasonable endeavours to make available to you at all times the Server and the Services but we shall not, in any event, be liable for interruptions of Service or down-time of the Server.
4.2 We shall have the right to suspend the Services at any time and for any reason, generally without notice, but if such suspension lasts or is to last for more than 7 days you will be notified of the reason.
4.3 The Services provided to you hereunder and your account with us cannot be transferred or used by anyone other than you. No more than one log-in session under any one account may be used at any time by you. If you have multiple accounts, you are limited to one login session per system account at any time; user programs may be run only during log-in sessions. If your account is found to have been transferred to another party, or shows other activity in breach of this sub clause, we shall have the right to cancel the account and terminate the Services and/or this Agreement immediately.

5. Payment

5.1 All charges payable by you for the Services shall be in accordance with the scale of charges and rates published from time to time by us on our web site and shall be due and payable in advance of our service provision. We reserve the right to change pricing at any time although all pricing is guaranteed for the period of pre payment.
5.2 Payment is due each anniversary month, quarter or year following the date the Services were established until closure notice is given. If you choose to pay by credit or debit card you authorise www.bitzworx.com to debit your account renewal fees from your card.
5.3 All payments must be in US Dollars or Phillipine Peso(Php). Our Conversion Rate is fixed to USD 1.00 = Php 48.00.
5.4 If your cheque is returned by the bank as unpaid for any reason, you will be liable for a "returned cheque" charge of USD 25.00.
5.5 Without prejudice to our other rights and remedies under this Agreement, if any sum payable is not paid on or before the due date, we shall be entitled forthwith to suspend the provision of Services to you.
5.6 If an account goes unpaid for at least seven days, a USD10.00 late payment fee will be applied.
5.7 If an account goes unpaid for at least ten days, the account and its associated services are suspended. A USD 20.00 charge will be applied upon account reactivation to cover administration costs.
5.8 Once an account has a suspended status, Access to files, databases and other content is explicitly denied. All files, databases and other content including the account itself is permanently deleted after ten days of account suspension.
5.9 Should access to files, databases and other content be required before they are deleted, account reactivation will be required.

For information on how to order, the payment methods and currencies we accept, and our refund policy, please see Ordering Information.

6. Termination

6.1 If you fail to pay any sums due to us as they fall due, we may suspend the Services and/or terminate this Agreement forthwith without notice to you.
6.2 If you break any of these terms and conditions we may suspend the Services and/or terminate this Agreement forthwith without notice to you.
6.3 If you are a company and you go into insolvent liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors, we shall be entitled to suspend the Services and/or terminate this Agreement forthwith without notice to you.
6.4 No refunds will be made for Services suspended in accordance with 6.1, 6.2 and 6.3.
6.5 We reserve the right to suspend the Services and/or terminate this Agreement at any time.
6.6 You may cancel the Services at any time.
6.7 You may be entitled to a complete refund of all fees paid with the exclusion of dedicated server and data transfer fees should You decide to cancel the Services, as detailed under our Money Back Guarantee Policy. You will not be entitled to a refund on this basis if you have previously had an account with www.bitzworx.com. It may be necessary to with hold refund under the Money Back Guarantee Policy if the account has utilised excessive resources, this is at the sole discretion of www.bitzworx.com.
6.8 Where payment has been made by credit or debit card, any refund will only be issued to the same credit or debit card.
6.9 On termination of this Agreement or suspension of the Services we shall be entitled immediately to block your Web Site and to remove all data located on it.

7. Indemnity

7.1 You shall indemnify us and keep us indemnified and hold us harmless from and against any breach by you of these terms of business and any claim brought against us by a third party resulting from the provision of Services by us to you and your use of the Services and the Server including, without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred by us in consequences of your breach or non-observance of this Agreement.

8. Limitation Of Liability

8.1 All conditions, terms, representations and warranties relating to the Services supplied under this Agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded, subject always to subclause 8.2.
8.2 Nothing in these terms and conditions shall exclude our liability for death or personal injury resulting from our negligence.
8.3 Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by you in respect of the Services which are the subject of any such claim.
8.4 In any event no claim shall be brought unless you have notified us of the claim within one year of it arising.
8.5 In no event shall we be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever

9. Revisions

9.1 www.bitzworx.com reserves the right to revise, amend, or modify these Terms and Conditions, and any of 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 Terms and Conditions.

10. Notices

10.1 Any notice to be given by either party to the other may be sent by either email, fax or recorded delivery to the address of the other party as appearing in this Agreement or ancillary application forms or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error free transmission report, or if sent by recorded delivery shall be deemed to be served two days following the date of posting.

11. Applicable Law

11.1 This Agreement shall be governed by and construed in accordance with English law and you hereby submit to the non-exclusive jurisdiction of the English courts.

12. Headings

12.1 Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.

13. Entire Agreement

13.1 These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement.

14. Comments or Questions.

14.1 If you have any questions, comments or concerns arising from the website, the privacy policy or any other relevant terms and conditions, policies and notices or the way in which we are handling your personal information please contact us.