LEGAL USE ONLY: All services provided by BitShop may be used for lawful purposes only. Transmission or storage of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secret and other statue. The subscriber agrees to indemnify and hold harmless BitShop from any claims resulting from the use of the service which damages the subscriber or any other parties. Any access to other networks connected to BitShop, or the Internet, must comply with the rules appropriate for that other network. This specifically, but not exclusively, includes NSFNET.
The subscriber certifies that he or she is at least 18 years of age and able to legally accept this agreement.
If the subscriber requests that BitShop provide services not included with their account the subscriber agrees to pay BitShop’s price for such services in effect at the time such service was rendered.
BitShop exercises no control whatsoever over the content of the information passing through BitShop's network.
PORNOGRAPHY POLICY: Pornography, adult content, and sex-related merchandising are prohibited on any BitShop server. BitShop will be the sole arbiter as to what constitutes a violation of this provision.
SPAM/UCE POLICY: Spamming, or the sending of unsolicited email, from a BitShop server, using an email address that is maintained on a BitShop machine, or promoting a site in any way affiliated with BitShop (included hosted by BitShop) is STRICTLY PROHIBITED. BitShop will be the sole arbiter as to what constitutes a violation of this provision. Violations may result in the immediate termination of your account.
E-MAIL POLICY: E-Mails older than 60 days in the system may be erased at any time. BitShop provides unlimited mail storage space for clients but expects email to be removed from the server when downloaded, or after a short retention period. Because email is continually flowing into and out of our systems backups of email in real time is impossible. BitShop will make all commercially reasonable efforts to provide reliable disk storage subsystems for all email storage. BitShop will take make commercially reasonable efforts to make sure our e-mail servers are not blacklisted by anyone for spam complaints nor blocked by any e-mail service providers. BitShop can make no guarantee of the delivery of your email to destinations outside of our network due to spam filters or blacklists potentially rejecting your email. BitShop will deliver ALL email addressed to your account unless you elect to have a spam filter enabled on your account (We will never reject email based on unreliable blacklists causing you potential loss of business). Investigation of email log files can be done if requested on a billable basis - detailed records of all e-mail into or out of our e-mail servers are kept for approximately 48 hours (excludes NT scripts utilizing CDONTS for sending e-mails).
PAYMENT POLICY: Payment is due immediately after date of invoice. Accounts are in default if payment is not received within 15 days after date of invoice. If a subscriber's check is returned by the bank as unredeemable, the subscriber will be deemed to be in default, and will be liable for a "returned check" charge of $50. If a credit card payment is "charged back" customer will be charged a $50 investigation fee per charge-back and may risk having their account immediately terminated. Accounts unpaid 30 days after date of invoice may have their service interrupted. Any interruption due to billing issues does not relieve the subscriber from the obligation to pay the monthly charge. Only a written request to terminate your service as detailed under cancellation policy relieves you of your obligation to pay the monthly account charge. Accounts in default are subject to a late payment charge of $25 and an interest charge of 1.5% per month on the outstanding balance. If the subscriber's state law does not allow an interest rate of 1.5% per month, or any other fees outlined above, then the maximum allowable rate for the subscriber's state will be charged. If the subscriber defaults, the subscriber agrees to pay BitShop its reasonable expenses, including attorney and collection agency fees, incurred in enforcing its rights under these Terms and Conditions. All files, information and mail under the account will be preserved for 30 days from the date the payment is due. If the payment is not received after 30 days, all files, information and mail under the account may be deleted. If the subscriber wishes to use the service again, a re-activation fee will be required and a payment guarantee may be required.. The subscriber agrees that the company has the right to delete all data, files or other information that is stored in the subscriber’s account if the subscriber’s account with the company is terminated, for any reason, by either the BitShop or the subscriber.
ACCESS POLICY: Accounts are intended for a single webmaster only unless prior arrangements have been made in writing. Support will only be provided to a single contact, either the webmaster or otherwise, unless prior arrangements have been made in writing. No more than one login session may be used at any time by the subscriber. Accounts which have been transferred to other parties, or show other activity in violation of this paragraph, are subject to immediate cancellation or immediate cancellation of support services.
STATISTICS: BitShop may provide free access to log analysis packages with your account. Such tools are third party software and in no way shall BitShop warrantee such software. These tools may not be reliable, nor bug free. Some tools store historical log information, historical data may be lost by bugs in said software and BitShop will not include any support for recovering lost historical data. We will reinstall such software if it fails which may loose historical information. We suggest you store a local copy of your statistical data and not rely on historical data from log software. BitShop will make all commercially reasonable efforts to preserve original log files via optical media for long term storage, retrieval requests for logs will be billable work. Storage of historical raw log files is free with most accounts..
USAGE BASED BILLING: Unless customer elects otherwise accounts will be provided with far more bandwidth then is included in customers plan - This allows your site to continue providing fast responses during any unexpected heavy usage periods. If customer exceeds bandwidth allowance included in account BitShop will notify customer within 15 days of the beginning of the next billing cycle. Customer will be responsible for payment of bandwidth overage within 15 days of invoicing. BitShop reserves the right to restrict bandwidth at a level of 2x your included bandwidth allowance, or higher, as they see fit at any time but makes no guarantee of such restriction. Unless otherwise arranged bandwidth pricing is $10 per 100 megabytes over your said allowance calculated daily. Should customer expect to exceed his bandwidth allowance BitShop has several programs for high usage needs including special plans for high usage sites, streaming media servers, software download mirrors, and image distribution servers available at deeply discounted bandwidth rates.
SERVICE: BitShop provides a static IP address for web hosting services. This allows you to access your site directly via an IP address. A domain name may or may not point to such service for service to be available. This method allows you to test your site easily before transferring a domain name to our service. Should your domain not point to the IP address, due to no fault of BitShop, your bill will be for the full amount and will be for services rendered regardless of usage. DNS servers are included free with your hosting account and under most circumstances will be utilized, not using DNS service will NOT cancel your account nor relieve you of the obligation to pay for your web hosting services.. BitShop shall have the right to suspend service to the subscriber at any time, and for any reason, without notice. If such a suspension is to last for more then 30 days, the subscriber will be notified as to the reason.
CANCELLATION: Service provided by Bitshop may only be cancelled in writing, on company letterhead for business accounts, and must include an authorized name, signature, and access information for your account. Cancellations will take effect no sooner than 30 days after notice is received.
PRICE CHANGES: BitShop will maintain your pricing and service level at the agreed to level under normal circumstances. BitShop does not make a policy of providing introductory / low teaser rates then increasing prices automatically for accounts - We also do not drop support for services nor change your price quote under normal circumstances. BitShop reserves the right to change the rate, or services provided, by notifying the subscriber 30 days in advance of the effective date of the change.
WARRANTY:
BitShop makes no warranties of any kind, whether expressed or implied, for the service it is providing. BitShop also disclaims any warranty of merchantability or fitness for a particular purpose. BitShop will not be responsible for any damage suffered. This includes loss of data resulting from delays, non-deliveries, mis-deliveries, or service interruptions caused by BitShop's negligence or the subscriber's errors or omissions. Use of any information obtained via BitShop is at your own risk. BitShop specifically denies any responsibility for the accuracy or quality of information obtained through its services.
LIMITED LIABILITY. ANY LIABILITY OF THE COMPANY, INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OF OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, SHALL BE STRICTLY LIMITED TO THE AMOUNT PAID BY OR ON BEHALF OF THE SUBSCRIBER TO THE COMPANY FOR THE CURRENT MONTH.
Should any provision of this agreement be held to be illegal, invalid, or unenforceable by a court law, the legality, validity and enforceability of the remaining provisions of this agreement shall remain unaffected thereby unless otherwise stated.
These Terms and Conditions supersede all previous representations, understandings or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted. These terms and conditions may be updated from time to time and will be available at http://www.bitshop.com/terms or another location specified by BitShop.
USE OF BITSHOP SERVICE CONSTITUTES ACCEPTABLE OF THE TERMS AND CONDITIONS AVAILABLE AT TIME OF USE.