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BW Hosting - Terms of
Service (TOS)
There are no hidden fee’s so if you are searching for them in small
print, just a head’s up.
Use
of BW Hosting’s Service constitutes acceptance and agreement to BW
Hosting’s AUP (Acceptable Use Policy) as
well as BW Hosting’s TOS (Terms of Service). From herewith in this TOS,
AUP, and SLA,
the usage of “us”, “we”, “our”, “ours” shall constitute reference to BW
Hosting, the usage of “you”, “your”, “they”, “them” shall refer to
client / customer of BW Hosting.
Acceptance of
Contractual Agreement
1.
Client agrees that by placing an order either by means of electronic
ordering (web order form) or submitting a written contract, and receipt
of such order by BW Hosting, that you are agreeing to our TOS,
AUP, and SLA.
No Modifications of said contract by customer is allowed.
2.
BW Hosting will provide, and Customer will purchase and pay for, the
Services, and service fees specified in the Order for the applicable
Service Description. Customer acknowledges that the service, and service
fees have been communicated to the customer, and that they are aware of
all applicable charges as per contract, AUP,
SLA, and TOS. Customer also understands
that any promotional offers unless specified in contractual terms will
not be applicable to their individual service.
3.
In connection with any Hosting Services, if Customer's actual bandwidth
usage in any month exceeds allotted amount, specified in Customer's
contract, Customer will pay BW Hosting any additional fees as specified
in the Service Description within three (3) days of invoicing period.
Any BW overage bill not paid within three (3) days of invoicing will be
subject the server and services to suspension.
What may not be hosted on our network:
-Warez
-IRC
-Child pornography
-Copyrighted media, includes but not limited to: Video, Music, TV, Radio
-Hacking tools / material
-Anything that may harm us, the server, or anyone else (mentally,
physically or emotionally)
Network Uptime is the total
time in a calendar month that BW Hosting network is available through
the Internet, provided that Client has established connectivity. BW
Hosting takes responsibility for Network availability within their
network, however, we cannot be held liable for upstream problems,
outside of our network. Our guarantee is that our Network will be
available to clients free of Network Outages, that render 100% packet
loss, 99% of each calendar month
Network Outages
or Unscheduled Downtime
is any unplanned or unscheduled interruption in Service availability
during which Client is unable to access the services as described in the
section titled “Network Uptime” above. A Network Outage is defined as a
period in which 100% packet loss to our network is experienced, which is
determined to have been caused by a problem in BW Hosting’s Network as
confirmed by BW Hosting. Downtime or outages are measured as the total
length of time of the unplanned interruption in service availability in
a calendar month.
Scheduled Downtime
is any BW Hosting scheduled interruption of
Services, for the purpose of network upgrades, or replacement of any
equipment in order to provide for you better service. Scheduled downtime
occurs during notified downtime periods, with as much advance warning as
possible via e-mail with a minimum of 12- 24 hours notice.
SLA
Network Violation Credit
http://www.bwwebhosting.com/sla.htm
·
Performance Credit exclusions: The following are excluded from the
monthly calculation of Service Availability: · Scheduled downtime ·
Problems outside of BW Hosting’s network (upstream providers, or
client’s inbound connection) not effecting 100% loss to our network ·
Interruptions or failure of individual service caused by client, their
employees, client’s customers, etc. to their service. These include
inaccurate configuration, 3rd party software, client abuse or over
utilization of resources, hacked servers, attacks, exploits, server
hardware failures or other users on server to cause the server to
overload which may cause downtime. We will do our best to remove such
offenders immediately
Payment:
Establishment of this service is contingent upon receipt of payment from
Customer to BW Hosting. Subsequent payments are due on the anniversary
date of the month for that month’s service, unless customer requests all
monthly payments to be consolidated to one specific billing date. Any
additional services relative to a primary hosting account, will be
prorated to the primary hosting account’s monthly recurring billing
date, along the following guidelines of prorating methodology: (total
monthly fees/ 30) * number of days to monthly recurring billing cycle.
Any setup fees will be charged full setup fee pricing, and are applied
at time of initial request of such services.
Payments and Fees:
Payment is due on the defined monthly recurring billing date of each
month. Credit cards that are declined for any reason are subject to a
$10.00 declination fee. Service will be interrupted on accounts that
reach 10 days past due. Service interrupted for nonpayment is subject to
a $200.00 reconnect charge. Accounts not paid by due date are subject to
a $7.95 late fee. Accounts that are not collectable by BW Hosting will
be turned over to an outside agency for collection. If your account is
turned over for collection, you agree to pay the company a “Processing
and Collection” Fee of not less than Fifty ($50.00) nor more than One
Hundred, Fifty ($150.00). Any account or domain in arrears that is
transferred or requesting to be transfered to a new hosting provider or registrar without prior
notification will be charged a $25 fee per domain along with the amount
in arrears.
Delinquent Accounts:
BW Hosting may temporarily deny service or terminate this Agreement upon
failure of Customer to pay charges when due. Such termination or denial
will not relieve Customer of responsibility for the payment of all
accrued service fees, or any collection fees.
Delinquent Reseller
Accounts:
Should your reseller account become delinquent, and payment not made to
BW Hosting, resulting in a suspension of service you will have 48 hours
to make restitution for the delinquent balance. Any account left unpaid
after 48 hours of suspension and reseller not contacting the BW Hosting
billing department to resolve the issue will allow for the reseller's
client to be able to purchase the server directly, and assume financial
responsibility from that point forward. The balance must be paid
entirely by the client prior to lifting the service suspension.
Resellers shall not hold BW Hosting responsible for failure to
appropriately pay their invoices in a timely manor set forth in your
original contracts.
Account Cancellation:
All requests for canceling any service / services must be made in
writing with at least 15 days notice but not more than 30 days prior
written via email to admin@bwwebhosting.com. Include your domain
name/account name, last name on credit card in your email or name used
for your Paypal account. All transfers require a $25 fee per
domain.
Refunds and Disputes:
All payments to BW Hosting are nonrefundable. This includes any setup
fees and monthly fees regardless of usage. All billing disputes must be
reported within 30 days of the time the dispute occurred. Disputed
charges to your credit card issuer, also known as charge backs, in BW
Hosting’s discretion which is valid, under the terms and conditions of
our SLA, AUP, and TOS, will result in service interruption, and
reconnection fees to restore the desired service.
Responsibility:
Our responsibility to our clients is to provide a
reliable hosting solution with minimal downtime and higher than expected
security policy. We are not responsible for any loss of income,
sales, or potential or existing clients due to an outage, server
failure, network outage, or user error. We are not responsible for
our clients inability to manage their accounts effectively and any
losses that may incur because of this, whether it be their own accounts
or any 3rd party accounts sold by a reseller. We will do our best
to minimalize any downtime and interruption of service but understand
there are circumstances out of our control and we will not be
responsible for this.
30 Day money back
Guarantee:
All shared hosting, reseller hosting, and windows hosting plans come
with a 30 day money back promise. If for whatever reason we fail to
satisfy your needs and are within 30 days we will fully refund your
money all we ask is you give us a reason so this will help us improve as
a company.
For
our Dedicated Server clients:
Dedicated Server Restore:
BW Hosting is not responsible for the restoration of data to server. We
strongly recommend that your purchase backup options for your server,
and keep copies of your data off-site with you for emergency purposes.
If hardware failure and data loss occurs, you the client are responsible
for data restoration. BW Hosting shall not be liable for loss of data
under any circumstance.
Hardware replacement
will occur within 1 - 8 hours of the reported problem, BW Hosting will
refund 5% of the monthly fee per additional 8 hours of down time (up to
100% of customer's monthly fee). In order to reduce replacement hardware
downtime, we keep a small quantity of pre-built systems on hand to swap
out Hard disks, so that your server can be back up in the shortest
amount of time. For Hard disk failures, we keep pre-installed drives
with our standard partitioning for immediate deployment. In order to
request an SLA hardware violation credit, you must email sales, within
10 days of reported violation, at: sales@bwwebhosting.com . SLA
violations will be reviewed by our personnel Monday - Friday 9AM to 5PM
EST. *Hardware SLA violations do not cover network violation* |
