Our terms of service (TOS) is designed to provide our customers a clear and transparent understanding of what we expect of them while they are using our service(s). The use of our service(s) signifies your acceptance and agreement to Website.com.bn’s TOS. It is essential that you read these terms prior to purchasing services with Website.com.bn. You must agree to the below terms of service before you can create your web hosting account with us. Our billing system will not permit you to make any purchases unless you tick the box agreeing to the terms of service.
1. Additional Policies and Agreements
1.1. There may be other agreements that govern our relationship besides this one. This Agreement is maintained independently of any other agreement(s) between us and you, even if we are engaged in other service agreements or arrangements such as custom programming, web maintenance, or web development. The following policies, agreements and supplements are incorporated into this Agreement by reference:
2. Account Activation
2.1. We will setup your account after we have received payment from you. Your Client Center account will be activated instantly. The maximum activation time is 24 hours and up to 3 business days for cheque. If you have not been activated within this time frame, please contact our support department.
3. Financial Arrangements
3.1. You agree to pay for the Services on time and in advance for the billing cycle Services are provided for. Invoices are generated seven (7) days before the renew date of the Services. Website.com.bn grants one (1) month grace period after the renew date. If the invoice is not paid within the grace period Website.com.bn reserves the rights to temporary suspend services until the invoice is paid in full. A re-connection fee of B$10.00 will apply if Client reactivates an account suspended for more than three (3) months. Services will be terminated if it is not paid in six (6) months.
3.2. You agree to a minimum three (3) month contract beginning upon commencement of Service. Exact contract duration is decided upon at signup. At the end of the contract term, the contract will automatically renew for the original contract length indefinitely until canceled in writing or through the billing panel.
3.3. Website.com.bn accepts payments via cheque, credit cards, bank deposit and other money transfer services at our convenience. Payments from bank deposit can be made through BIBD or Baiduri Bank.
4. Accurate Information
4.1. You agree to keep your contact information and e-mail on file up to date at all times. We will use the e-mail on file to send notifications about generated invoices, due invoices, Services suspension, Services termination, new Services provisioned and any other related information. Website.com.bn recommends using an external e-mail address so that the Customer can receive messages in case there are problems with the Services.
5. Use of Services
5.1. You may be able to upload, store, publish, display and distribute information, text, photos, videos and other content on or through the Services (collectively, “User Content”). User Content includes any content posted by you or by users of any of your websites hosted through the Services. You are solely responsible for any and all User Content and any transactions or other activities conducted on or through User Websites. By posting or distributing User Content on or through the Services, you represent and warrant to Website.com.bn that (i) you have all the necessary rights to post or distribute such User Content, and (ii) your posting or distribution of such User Content does not infringe or violate the rights of any third party.
5.2. Website.com.bn exercises no control over, and accepts no responsibility for User Content or the content of any information passing through our computers, network hubs and points of presence or the Internet. We do not routinely monitor User Content. However, you acknowledge and agree that Website.com.bn may, but is not obligated to, immediately take any corrective action in our sole discretion, including without limitation removal of all or a portion of the User Content or User Websites, and suspend or terminate any and all Services without refund if an account violates our Acceptable Use Policy. You hereby agree that Website.com.bn shall have no liability due to any corrective action that we may take.
5.3. All services provided by Website.com.bn are to be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any Local law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, and material protected by trade secret or other laws.
Examples of prohibited content or links include (but are not limited to):
• IRC & IRC related software
• Pirated software
• Hacking sites, programs or archives
• Warez, Warez Linking, Nulled Scripts Sites
• Distribution of copyrighted music files or any other material
6. Spam / Email Policy
6.1. Website.com.bn has a zero tolerance policy against SPAM. Accounts used to send SPAM will be suspended immediately. If the SPAM sending is repeated the account will be removed from our server. We do not allow bulk mailing from our shared servers. Purchased mail lists, opt-in lists will be considered SPAM.
7. File Storage
7.1. File hosting and file storage of any type is strictly prohibited on any and all servers within Website.com.bn Web Hosting network. You MAY NOT use your account as a download or file storage repository. Our services are strictly offered for website hosting only. This does NOT mean that you can not have downloads on your site. This means you can not operate a site that specializes in downloads like Download.com or similar and you may not use your Website.com.bn account as storage repository for MP3, games, video, photos, images, audio or music files.
8. Free Domain Name
8.1. All new Website.com.bn web hosting accounts are entitled to one complimentary free domain name registration for as long as the web hosting service is kept active with us. This domain name must be selected during the initial sign up process. If you do not select a domain name at this time, you will automatically forfeit any claims to any complimentary registration that was available to you during the sign up process. Please review our domain pricing page for the domain name extensions qualified for this offer.
8.2. You may transfer away from Website.com.bn any domain name that you have registered to any other web hosting company or domain registrar provided the Services is fully paid up and does not have any active or outstanding invoices due. User will retain full ownership and control of any such domain names.
8.3. Shall Client defaults on payment, ownership of domain name will be retained by Website.com.bn, which at our discretion can be sold or taken over to recuperate costs.
9. Resource Usage
9.1. You agree to utilize server resources in a responsible manner. Server CPU and RAM Memory are resources shared by all Website.com.bn customers. Excessive use of server CPU and memory resources by a customer can interfere with or prevent normal service performance for other customers.
9.2. Website.com.bn reserves the right to suspend or terminate Services on any account that, in its sole discretion, is abusing server resources. If you use too much system resources, you will be notified to take the necessary actions. If the usage is too high, we will advise an upgrade to VPS or Dedicated Server so that it doesn’t affect the other clients on the server. Without limitation to the foregoing provisions, each customer’s usage shall not exceed:
• 2% CPU Usage
• 2% Memory Usage
• 450,000 Total Inodes
• 200 outgoing email messages per 60 minute period
10.1. Our Transfers Team will make every effort to help you move your website to us. Transfers are provided as a courtesy service. We do not make any guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult, if not impossible, to migrate some or all account data. In some cases we may not be able to assist you in a transfer of data from an old host. The free transfer service is available for thirty (30) days from your sign up date.
10.2. In no event shall Website.com.bn be held liable for any lost or missing data or files resulting from a transfer. In 99% of the transfers there are no problems but we cannot guarantee that.
11. Third Party Products and Services
11.1. Website.com.bn provides some third-party software to you for easier account management including, but is not limited to, cPanel, Softaculous, R1Soft, etc. Such software is provided on an “as is” as available basis. We do not guarantee that any specific results can be obtained by using such software.
11.2. Website.com.bn does not make any representations or warranties regarding, and is not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these third party providers at your own risk. Website.com.bn will have no liability or responsibility for any damage, loss of data, loss of use or other loss occurring in connection with your use of third party software or products.
11.3. You can add and use third-party software on your account only if it is compatible with our servers. Your use of any third party software is at your own risk. You are solely responsible for any license and other fees required by the software providers, for using any third-party software installed on your account apart from the initial account setup.
11.4. The Services may contain links to other websites that are not owned or controlled by Website.com.bn (“Third Party Sites”), as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties (“Third Party Content”). We are not responsible for any Third Party Sites or Third Party Content accessed through the Services. Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us.
If you decide to access Third Party Sites or to access or use any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable third party’s terms and policies, including privacy and data gathering practices of any website to which you navigate.
12.1. Discounts and coupon codes are reserved for first-time accounts or first-time customers only unless otherwise specified. If you have previously signed up using a particular domain, you may not sign up again for that domain using another coupon at a later date. Any account found in violation of these policies will be reviewed by our Sales department and the appropriate charges will be added to the account. Coupon abuse will not be tolerated and may result in the suspension or termination of your account. All coupons and discounts are only valid towards the initial purchase and do not affect the renewal or recurring price.
13. Limitation of Liability
13.1. In no event shall Website.com.bn, its officers, directors, employees, or agents be liable to you or any other person or entity for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever, including any that may result from:
• the accuracy, completeness, or content of this site
• the accuracy, completeness, or content of any sites linked (through hyperlinks, banner advertising or otherwise) to this site
• the services found at this site or any sites linked (through hyperlinks, banner advertising or otherwise) to this site
• personal injury or property damage of any nature whatsoever
• third-party conduct of any nature whatsoever
• any unauthorized access to or use of our servers and/or any and all content, personal information, financial information or other information and data stored therein
• any interruption or cessation of services to or from this site or any sites linked (through hyperlinks, banner advertising or otherwise) to this site
• any viruses, worms, bugs, trojan horses, or the like, which may be transmitted to or from this site or any sites linked (through hyperlinks, banner advertising or otherwise) to this site
• any user content or content that is defamatory, harassing, abusive, harmful to minors or any protected class, pornographic, “x-rated”, obscene or otherwise objectionable, and/or
• any loss or damage of any kind incurred as a result of your use of this site or the services found at this site, whether based on warranty, contract, tort, or any other legal or equitable theory, and whether or not Website.com.bn is advised of the possibility of such damages.
13.2. You hereby acknowledge and agree that Website.com.bn reserves the right to temporarily suspend services for the purposes of maintaining, repairing, or upgrading its systems and network. Website.com.bn will use best efforts to notify you of pending maintenance however at no time is under any obligation to inform you of such maintenance.
13.3. In addition, you specifically acknowledge and agree that in no event shall Website.com.bn’s total aggregate liability exceed the total amount paid by you for the particular services that are the subject of the cause of action.
14.1. You agree to indemnify, defend and hold harmless Website.com.bn, our affiliates, and their respective officers, directors, employees and agents (each an “Indemnified Party” and, collectively, the “Indemnified Parties”) from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney’s fees) threatened, asserted, or filed by a third party against any of the Indemnified Parties arising out of or relating to (i) your use of the Services, (ii) any breach or violation by you of this Agreement; or (iii) any acts or omissions by you. The terms of this section shall survive any termination of this Agreement.
15.1. Website.com.bn will not be responsible for any damages your business may suffer. Website.com.bn make no warranties of any kind, expressed or implied for services we provide. Website.com.bn disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non deliveries, hardware and software failures, hacking, sabotage, terrorist attacks, wrong delivery, Force Majore and any and all service interruptions caused by Website.com.bn and its employees.
16. Terms Revision
16.1. Website.com.bn may modify, add, or delete portions of the TOS at any time. If we have made significant changes to our TOS, we will post a notice on our company blog after the changes are posted and will indicate at the bottom of this page the date of the last revision. Any revisions to this Agreement will become effective when posted unless otherwise provided. You agree to any modification to this Agreement by continuing to use the Services after the effective date of any such modification.
Last Updated: 20 August 2017