Bang Online Dedicated Servers Terms and Conditions
Bang Online Terms and Conditions described below defines the actions which Bang Online considers to be abused and strictly prohibited. There are no exclusions in this listing. Please, be aware that the actions listed below are also prohibited from other Internet Presence Providers (IPP's) and their users on behalf of Bang Online to advertise any service hosted by Bang Online or connected via the Bang Online Network. For abbreviation purposes, companies or individual account owners using our services are reffered to as CLIENT.
Bang Online Terms and Conditions has been formulated with the following goals in mind:
Ensure security, reliability and privacy of Bang Online systems and network, and the networks and systems of others.
Avoid situations that may cause Bang Online to incur civil liability.
Maintain the image and reputation of Bang Online as a responsible organisation.
Encourage the responsible use of net resources, discouraging practices which degrade the usability of network resources and thus the value of Internet services.
Preserve the privacy and security of individual users.
The Terms and Conditions below defines the actions which Bang Online considers to be abusive, and thus, strictly prohibited.
The examples named in this list are non-exclusive, and are provided solely for guidance to Bang Online clients. If you are unsure whether any contemplated use or action is permitted, please send mail to firstname.lastname@example.org and we will assist you. Please note that the actions listed below are also not permitted from other Internet Service Providers on behalf of, or to advertise, any service hosted by Bang Online, or connected via the Bang Online network. Furthermore, such services may not be advertised via deceptive marketing policies.
Clients may not use Bang Online' network as to attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the Client, logging into a server or account the Client is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy.
Clients may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding. mailbombing, or other deliberate attempts to overload or crash a host or network.
If your server is the initiator or target of a denial of service attack that adversely affects our/somebody else network, we will terminate your account without warning and you will be held responsible for any charges that may result from this action.
Bang Online will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate systems or network security may incur criminal or civil liability. Bang Online reserves the right to charge up to £300 per complaint to investigate.
Changes which are approved will be done on a prioritised basis by Bang Online technical staff. Expedited processing of a change order can be paid for by a client, but the changes remain property of Bang Online and may be given to other clients.
Client Spamming Policy
Bang Online has zero tolerance for spam originating from our clients, or from our clients' customers, or for spam advertising web sites of our clients or our clients' clients.
You refers to the Bang Online Client; we refers to Bang Online.
Bang Online has the right to charge £300 per complaint to investigate.
Bang Online does not deal with your clients or their clients etc.; We hold our clients responsible for dealing with spam from or about their section of the network.
If we get a first complaint, we will forward it to you. If we don't receive a response indicating the complete resolution of the complaint within 24 hours, we may drop the section of IP space involved in the spam complaint until we are convinced that the problem is resolved. In particular, we are concerned with spam that not only originates from your nework, but also that advertises sites hosted on your network.
If we get repeat complaints and it is clear that the problem has not been resolved, we may blackhole the section of IP space involved in the spam complaint until we are convinced that the problem is resolved. If so, we will contact you as soon as is feasible.
We reserve the right, to drop the section of IP space involved in spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a client's network, or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.
What does this mean to me?
You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference.
You must educate your clients about spam so that it does not become a problem for you, or for us. If you sell accounts on your system(s), you must provide an Terms and Conditions at least as restrictive as our own.
You must promptly investigate and deal with any spam or other abuse complaints forwarded to you.
Why this Policy?
We at Bang Online feel strongly that the usability of the Internet is dependent on the elimination of UCE (Unsolicited Commercial E-mail) from the mailboxes and newsgroups of both casual and heavy Internet users. If you host web sites, you must be particularly vigilant, as you and your other clients could be disconnected from the Internet due to one client's spamming.
Higher levels of traffic will incur overcharges on a monthly basis. However, the rates for bandwidth usage are lower for Dedicated Servers than for any other services we offer. Bang Online provides full access to industry standard MRTG web reports for network traffic monitoring and reporting. These charges reflect our expenses in network maintenance, upgrades, backbone port charges, leased line loops, and equipment.
RIPE (Réseaux IP Européens) is becoming very stringent with IP addresses, and refuses to grant them without a strict accounting of use of existing IP's; we must therefore require periodic updates of IP address use. The way we will implement this, for now, is for clients who need more IP addresses to provide a one-for-one mapping of hostnames to IP addresses for what they are already using. Assume, for example, you were given 3 IP's to start, (of which two were pre-allocated for your nameservers) and you need (at least) 5 more. Send the request to your Project Manager, attaching a text file with contents like the following:
Machine Name: ns.mysite.dom
You MUST maintain this text file, adding the next 5 IP numbers that we give you, and fill in the hostnames as you allocate them to virtual hosts on your server. When you have used all but one of your allocation, you may apply for more the same way:
Machine Name: ns.mysite.dom
Clients are prohibited from transmitting on or through any of Bang Online's services, any material that is, in Bang Online's sole discretion, unlawful, obscene, threatening, abusive, libelous, or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law.
Bang Online's services may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of UK law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, infringement of copyright or trademark, misappropriation of trade secrets, wire fraud, invasion of privacy, pornography, obscenity, defamation or any other statute. Bang Online reserves the right to remove such illegal material from its servers.
The client is responsible for keeping their billing data with Bang Online up-to-date and accurate. Furnishing false data on any contract or application, including fraudulent use of credit card numbers, is grounds for immediate termination, and may subject the offender to civil or criminal liability.
The resale of Bang Online products and services is not permitted, unless specifically permitted and documented in a written agreement.
Important IP Disclosure: Bang Online Internet may assign client a reasonable amount of IP addresses (Internet Protocol) on a temporary basis or for the life of the contract. Client agrees that IP addresses are not portable and acknowledges that IP addresses are the sole property of Bang Online and are assigned as part of the services. Furthermore, client acknowledges that use of IP addresses not allocated by Bang Online to client or users is expressively prohibited and will incur a penalty fee. This fee would be calculated on a standard engineers hourly rate fee of £120 separate from any other service or incident fees prepaid by client.
Clients agree to supply appropriate payment for the services received from Bang Online, in advance of the time period during which such services are provided.
Clients agree that all setup fees are non-refundable once setup is completed.
Client is aware that if you are paying by credit card, prepayments will be billed and charged automatically, and that Bang Online may apply the amount due to the provided card at any time.
All invoices are sent to clients via postal mail.
If payment is received by Wire transfer, there is an administrative fee of £5 per instance.
Client understands and agrees that Bang Online shall not be responsible for any charges or expenses that client may incur resulting from overdrawing client's bank account or exceeding client's credit card limit as a result of an automatic or manual charge generated by Bang Online pursuant to this authority.
Returned cheques will incur an administrative fee of £35.
With all disconnection's, a £50.00 reinstatement fee will apply to reactivate the service(s) again.
If client's account is in default and their account is sent to collections, client will be responsible for any collections fees that may apply.
The minimum contract length for any of our Dedicated Server services is 6 months, for Network Access and Dedicated Server services, Client can change programs or services as many times with a £50.00 upgrade/downgrade fee and there may be a £150.00 upgrade/downgrade fee for Dedicated Server services.
Bang Online reserves the right to cancel service(s) at any time. All fees paid in advance of cancellation will be pro-rated and refunded by Bang Online to client if Bang Online initiates its right of cancellation and client is NOT in violation of these Terms and Conditions. If cancellation is caused by clients and/or its client's breach of the Terms and Conditions, then client agrees that no refund is due. Client understands that service(s) can be cancelled at any time effective the end of the 6 month contract.
Due to protection concerns, all account cancellations must be done in writing via UK mail or fax. Notifications of cancellation must include the company letterhead, account name, principal contact name with valid signature, last four digits of credit card number on file and reason for cancellation. Third party cancellations are not accepted.
Upon termination, either by Bang Online or Client, for any reason, Client is responsible for deleting his/her host registrations from domain registrar(s) within 10 business days. Client further agrees to pay Bang Online all reasonable administrative costs if Bang Online must intervene in deregistering the hosts.
Bang Online is not responsible for any damages your business may suffer.
Bang Online does not make implied or written warranties for any of our services.
Bang Online 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 Bang Online.
The Client will not use its network nor space provided by Bang Online to violate any law. In the event Client violates existing law, Bang Online shall have the right to terminate all service set forth in this Agreement. In the event Bang Online is informed by government authorities of inappropriate or illegal use of Bang Online facilities or other networks accessed through Bang Online, Bang Online may terminate client's service.
Bang Online will cooperate fully with investigations of violation of systems or network security at other sites.
Bang Online will cooperate with law enforcement authorities in the investigation of possible criminal violations.
Clients who violate systems and/or network security, may incur in criminal or civil liability.
If you have any questions concerning the above stated terms and conditions then please e-mail us at: email@example.com
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