Badda Bing Hosting - Terms of Service

By requesting to provide you with an account on our server you agree to the Use Policy and User Agreement and all its provisions. Badda Bing Hosting reserves the right to modify the Use Policy and User Agreement at any time without notice. All changes and updates to the Use Policy and User Agreement are effective immediately upon posting on our web site. These policies are a legally binding agreement, therefore we ask you to read and accept this Use Policy and User Agreement before submitting your order.

Acceptable and Unacceptable Use.
Services provided by Badda Bing Hosting, its system, network, hardware and software may be used for lawful purposes only. Publication, distribution, transmission, or storage of any content, which violates any applicable law, regulation, or ordinance is prohibited. This includes, but is not limited to material that is obscene, pornographic, defamatory, infringing, constitutes an illegal threat, is protected by trademark, copyright or intellectual property right used without owner authorization. Links to sites with such content are also prohibited. Content of your web site is your sole responsibility.

1. Network Security.
Violation of network and system security are prohibited and can result in criminal and civil liability. Badda Bing Hosting will investigate such violations and will fully cooperate with law enforcement in cases of suspected criminal violations. Network and system violations include, but are not limited to:
* Abuse of the host or network by any means, resulting in denial of service to others or noticeable system performance degradation, including any such attempt.
* Unauthorized access to or use of the system, network, server, or account, including any such attempt.
* Password cracking, scanning, probing, or testing the network security systems in attempt to breach network, system or server security.
* Interfering with the network use by any user, network or host, including, without limitation mail bombing, flooding, attempts to overload, crash server, or destroy system or network.
Any account found to be violating network and system security will be terminated without further notice.

2. E-mail; UCE; SPAM.
Sending unsolicited mail messages of any kind is prohibited. Use, or implication of use of Badda Bing Hosting system, network, server, or email address to distribute, transmit or relay unsolicited mail is prohibited. Use of your domain in connection with sending of unsolicited mail is prohibited. Sending of mass unsolicited e-mail from the Badda Bing Hosting server by using e-mail address or an alias maintained on a Badda Bing Hosting machine or placement of any reference to a domain located on the Badda Bing Hosting server in any unsolicited message, in the form of email addresses, URL, or any other form is STRICTLY prohibited. Also prohibited is distribution of mass-mailer software from a domain hosted on our server or placement of links to such software.
A message is considered unsolicited if the recipient has not requested or welcomed such email. Providing email address' to third parties does not constitute subscription, request or invitation to receive unsolicited mail. Any complaint from customers about receiving unsolicited email means that this person has received unsolicited mail. Any violations of this policy will result in an immediate service termination without refund. Badda Bing Hosting reserves the right to determine what constitutes a violation of this policy. Badda Bing Hosting also reserves the right to refuse service to known or suspected spammers. If you are found using our systems for spam not only will your account be closed but a $500 charge to your account and $250 per hour for administrative charges incurred to remove and protect mail servers and IP ranges.

3. Banned Script(s)
CGI based forums are NOT allowed on Badda Bing Hosting servers as they are known to be resource intensive in usage. IRC scripts are banned and if found, we reserve the right to terminate the account without notice. Scripts that emulate shell access are banned and will result in immediate account termination without notice. Any other scripts that is deemed harmful to Badda Bing Hosting's server or it's customers will be banned.

4. Canceling Service to your domain; Termination.
In case you no longer need to receive domain hosting service from Badda Bing Hosting, you must cancel your web hosting service by sending us an e-mail notice to support@baddabinghosting.com and stating your intention to cancel. You must include your name, domain name, and valid password to your account or the last 5 digits of the credit card number we have on file for your account (if paying by credit card). If you are not paying by credit card and do not remember the password to your account, you must send your cancellation notice from the main mailbox of your account, or from the mailbox from which you originally applied for an account with us. To avoid being billed for the next months hosting, you should submit your cancellation notice no later than 24 hours before the due date of your next month's hosting fee. After we have received such notice, unless you specify in your cancellation notice an exact date your account should be cancelled, we will close your account on the last day of your billing cycle and we will not bill you for any additional months (or years, in case your account is on annual billing plan). You will also receive a cancellation confirmation number via e-mail. PLEASE NOTE that moving your domain to another host, i.e. updating name servers' information in your domain record, deleting or not renewing your domain registration, not using your domain etc., DOES NOT cancel your account with us and thus does not relieve you from your obligation to Badda Bing Hosting to pay domain hosting fees. Also, we don't accept cancellations over the phone, postal mail or fax. You must e-mail us if you wish to cancel your account.
You may cancel your account and/or terminate this Agreement via e-mail with or without cause at any time. Unless you provide a specific cancellation date for your account, termination of your account shall be effective on the last day of the then-current monthly or annual billing cycle. Cancelled accounts that do not have the exact cancellation date specified, will be discontinued on the last billing day of the then-current monthly or annual billing cycle. Otherwise, they will be cancelled on the future date you specified in your cancellation notice. Upon termination for any reason, (i) you shall remain liable for any amount due for the web hosting service provided to your domain, up to the effective date of the Termination of your account, and (ii) Sections 2 and 5 through 11 shall survive termination.

5. Uptime Guarantee.
Uptime is guaranteed at a 99.9% service level. This guarantee however does NOT cover scheduled downtime, network problems and natural events such as earthquakes or anything beyond what Badda Bing Hosting can do. Should Badda Bing Hosting's servers reliability fall below the aforementioned service level, compensation will be awarded to those who were affected.

6. Our Right to Refuse or Cancel Service.
Badda Bing Hosting reserves the right to refuse or cancel service at its own discretion. In addition accounts found in violation of any of the Use Policies may result in an immediate cancellation of service without any prior warning and without refund.

7. Indemnification.
Customer agrees to indemnify, defend and hold harmless Badda Bing Hosting, its officers, employees, agents, and suppliers from and against all losses, expenses, claims, liabilities, damages and costs, including reasonable attorney's fees, resulting or arising from any service provided, or agreed to be provided by Badda Bing Hosting, any activity related to customer's account (including negligent or wrongful conduct) by the customer, or any person using Badda Bing Hosting network or system, or customer's account. Furthermore, the customer agrees to indemnify, defend and hold harmless Badda Bing Hosting from any claim or liability arising from any injury to person, property, copyright, trademark and proprietary rights violations resulting from products, materials, or information sold, distributed or transmitted through use of Badda Bing Hosting network or system.

8. Disclaimer.
Badda Bing Hosting makes no warranty of any kind, expressed, implied or otherwise for services we provide. Badda Bing Hosting disclaims all warranties of merchantability and fitness for particular purpose. Badda Bing Hosting is not responsible for any damages its customers or their businesses may suffer. In no event shall Badda Bing Hosting be liable for any damages of any kind, or any damages resulting from loss of use, loss of data, system failure, server failure, computer virus, and any and all service failures, or interruptions caused by Badda Bing Hosting, its equipment, employees, officers, unforeseen events, and any third parties.

9. Miscellaneous.
Any decision made by Badda Bing Hosting under this Agreement shall be final. Badda Bing Hosting shall have no liability for any such decision. You will be responsible for all reasonable expenses (including attorneys' fees) incurred by Badda Bing Hosting in collecting unpaid amounts under this Agreement. This Agreement shall be governed by the laws of Arizona, except for its conflicts of laws principles. Any dispute or claim arising out of or in connection with this Agreement shall be adjudicated in Scottsdale, Arizona. This constitutes the entire agreement between the parties with respect to the subject matter hereof. The waiver of any breach or default of this Agreement will not constitute a waiver of any subsequent breach or default. If any provision herein is held unenforceable, then such provision will be modified to reflect the parties' intention, and the remaining provisions of this Agreement will remain in full force and effect. User may not resell, assign, or transfer any of its rights hereunder. Any such attempt may result in termination of this Agreement, without liability to Badda Bing Hosting. The relationship(s) between Badda Bing Hosting and the "Users" is not one of a legal partnership relationship, but is one of independent contractors. This Agreement shall be construed as if both parties jointly wrote it.

10. Backup Policy.
All accounts are backed up daily. However, it is not our responsibility to ensure the integrity of the backups. The customer is recommended to make his/her own local backups as well. If data loss occurs due to an error by BaddaBingHosting.com, we will restore a backup of the account from the backup drive without charge. If the customer requests a restore of an account from the backup drive due to negligence or error from the customer, we will attempt to recover the account data for a flat fee of $10.

11. No Warez or Porn is allowed on our servers, The account will be suspended if any is found until the files are removed. This also includes Illegal Mp3's

12. Legally binding agreement.
The above policies are a legally binding agreement and by submitting your order to Badda Bing Hosting you agree to the terms presented on this Use Policy and User Agreement page.