Upon signing
up for BBUSA.NET services, all customers agree to comply with
BBUSA.NET's Terms of Use. The spirit of this policy is to ensure
our customers are using BBUSA.NET services with due regard to
the rights of other Internet users and in conformity with the
requirements of BBUSA.NET's network environment.
Illegal Use
BBUSA.NET's servers
may be used for lawful purposes only. Transmission, storage, or
distribution of any information, data, or material in violation
of any applicable law or regulation is prohibited. This
includes, but is not limited to: copyrighted material;
trademarks; trade secrets or other intellectual property rights
used without proper authorization; material that is obscene,
defamatory, constitutes an illegal threat, or violates export
control laws. Examples of unacceptable content or links include:
pirated software, hacker programs or archives, Warez sites, MP3,
and IRC bots.
Security
Violations of system or network security are
prohibited and may result in criminal and civil liability.
Examples include but are not limited to the following:
unauthorized access, use, probing, or scanning of systems
security or authentication measures, data, or traffic;
interference with service to any user, host, or network
including, without limitation, mail bombing, flooding,
deliberate attempts to overload a system, broadcast attacks;
forging of any TCP-IP packet header or any part of the header
information in an email or a newsgroup posting.
Server Resources
Any web site that uses a high amount of
server resources (such as, but not limited to, CPU time, memory
usage, and network resources) will be given the option to either
pay additional fees (which will depend on the resources
required), reduce the resources used to an acceptable level, or
upgrade its service to a Dedicated Server plan. BBUSA.NET shall
be the sole arbiter of what is considered to be a high server
usage level.
Any web hosting account deemed to be
adversely affecting server performance or network integrity will
be shut down without prior notice.
CGI Scripts
CGI script sharing with domains not hosted by
BBUSA.NET is not permitted. Any CGI-scripts deemed to be
adversely affecting server performance or network integrity will
be shut down without prior notice.
Background Running Programs
BBUSA.NET may allow
programs to run in the background. These programs will be
considered on an individual basis and customers will incur extra
charges based on system resources used and operational
maintenance needed. If you wish to run background programs
please contact BBUSA.NET at sales@bbusa.net so that we can arrange
set-up.
IRC
BBUSA.NET does not
allow IRC or IRC bots to be operated on our servers.
UCE (Unsolicited Commerce Email) -
SPAM
Spamming, the sending of unsolicited mass
email from or through a BBUSA.NET server or using an email
address that is maintained on a BBUSA.NET machine is STRICTLY
prohibited. BBUSA.NET will be the sole arbiter as to what
constitutes a violation of this provision. Customers are also in
violation of this provision if they engage in spamming using the
service of another ISP or IPP, but reference in the spam a web
site hosted on a BBUSA.NET server. Violators will be assessed a
minimum fine and will face immediate suspension.
Server Abuse
Any attempts to undermine or cause harm to a
BBUSA.NET server or customer are strictly prohibited.
Software Distribution
BBUSA.NET shared web hosting accounts are not
configured for the purposes of distributing software and/or
multimedia products. If you wish to distribute software and/or
multimedia files, please contact
sales@bbusa.net
to make special
arrangements.
Multimedia Files
Multimedia files are defined as any graphics,
audio, and video files. BBUSA.NET shared web hosting accounts
are not to be used for the purposes of distributing and storing
unusual amounts of multimedia files. Any web site whose disk
space usage for storing multimedia files exceeds 70% of its
total usage, in terms of total size or number of files, will be
considered to be using an unusual amount of multimedia files.
Databases
Any database stored on BBUSA.NET servers
shall be limited in size to 10% of the total disk space allotted
for that particular domain's plan/web hosting account.
Copyright Violations
The Digital Millennium Copyright Act ("DMCA")
sets forth the requirements for valid copyright infringement
notification. If you would like to notify BBUSA.NET of an
infringement of your copyright, the DMCA requires that you:
Send your notification to BBUSA.NET
designated agent. You may choose the following avenue
for this notification:
Include in your notification the
following information:
A physical or electronic signature
of the copyright owner or a person authorized to act on
the copyright owner's behalf (the "Claimant").
Identification of the copyrighted
work(s) claimed to have been infringed.
Identification of the material
claimed to infringe the copyright(s), and enough
information for BBUSA.NET to locate it.
The Claimant's name, address, and
telephone number(s).
A statement that the Claimant has a
good faith belief that use of the disputed material is
not authorized by the copyright owner or his agent.
A statement, under penalty of
perjury, that the information in the notification of
copyright infringement is accurate and that the Claimant
is authorized to act on behalf of the copyright owner.
Actions
Taken by BBUSA.net:
The failure by a customer to meet or follow
any of the above Terms of Use is grounds for account
deactivation. BBUSA.NET will be the sole arbiter as to what
constitutes a violation of the Terms of Use. BBUSA.NET reserves
the right to remove any account without prior notice.
When
BBUSA.NET becomes aware of an alleged violation of its Terms of
Use, BBUSA.NET will initiate an investigation. During the
investigation, BBUSA.NET may restrict a customer's access in
order to prevent further potentially unauthorized activity.
Depending on the severity of the violation, BBUSA.NET may, at
its sole discretion, restrict, suspend, or terminate a
customer's web hosting account and/or pursue other civil
remedies. If such violation is a criminal offense, BBUSA.NET
will notify the appropriate law enforcement authorities of such
violation.
BBUSA.NET
does not issue credits for outages incurred through service
disablement resulting from Terms of Use violations.
BBUSA.NET
customers agree to indemnify and hold harmless BBUSA.NET from
any claims resulting from the use of our services that damages
them or any other party. The
BBUSA.NET service is provided on an as is, as available basis
without warranties of any kind, either express or implied,
including, but not limited to, warranties of merchantability,
fitness for a particular purpose or non-infringement.BBUSA.NET expressly disclaims any representation or
warranty that the BBUSA.NET service will be error-free, secure
or uninterrupted.No
oral advice or written information given by BBUSA.NET, its
employees, licensors or the like, will create a warranty; nor
may you rely on any such information or advice.BBUSA.NET and its partners and suppliers will not be
liable for any cost or damage arising either directly or
indirectly from any transaction or use of the service.
Modification
BBUSA.NET reserves
the right to add, delete, or modify any provision of its Terms
of Use at any time without notice.