Violation of Bizarre-Host Internet's Terms
Of Service will be considered immediate grounds for termination of services
and no refunds will be given.
May 21 2006 23:15:13 (GMT +1)
This Services Agreement contains the
complete terms and conditions which govern your subscription of Web hosting,
e-Commerce and other Internet-related services provided by Bizarre-Host. As
used in this Agreement, "Bizarre-Host" means bizarre-host.com, and "Client",
"you", or "your" means you. By clicking on the "Submit Order" button, you
acknowledge that you have read the Agreement, and you agree to its terms and
conditions and all policies posted on the Bizarre-Host site. As referred to
in this Agreement, "Site" refers to a World Wide Web site and "Bizarre-Host
Site" refers to the Site located at the URL
http://www.bizarre-host.com, or any other successor Sites owned
or maintained by Bizarre-Host.
VIOLATION OF ANY SECTION OF THESE
TERMS IS STRICTLY PROHIBITED AND MAY RESULT IN THE IMMEDIATE
TERMINATION OR SUSPENSION OF THE SERVICES CUSTOMER RECEIVES FROM
BIZARRE-HOST AND ALL REFUNDS WILL BE FOR FITTED.
1. ORDER VALIDITY
Client certifies that the information provided in the order form is
accurate, and any payment instrument used is legitimate. You
may only signup using your own personal details, signing up with somebody
else's or invalid details with or with out their consent will resolve in account
termination and any refund will be for fitted.
In the event that an order is submitted with stolen credit card data or
falsified contact information, client agrees to pay a $500 account handling
fee PLUS all legal and investigative fees incurred by Bizarre-Host in
tracking client's IP address to their internet provider and subsequent
prosecution under civil and / or criminal law.
Bizarre-Host takes fraud very seriously, and reports all instances to the
credit card processors and the authorities.
2. APPROPRIATE USE OF THE SERVICES.
Bizarre-Host provides the Services exclusively and makes no effort to edit,
control, monitor or restrict the content of data other than as necessary to
provide such Services.
Client agrees that it will not distribute, electronically transmit or
display any materials supplied by Client - or through Client by a third
party - to any Bizarre-Host server in connection with Client's use of the
Disallowed content includes but is not limited to:
Pirated software, pirating (distributing
copyrighted material in violation of copyright law, specifically MP3s,
MPEG's, ROMs, and ROM emulators)
Hacker programs or archives
Pornography and sex-related merchandising;
trafficking in obscene material; sending a message or having content that
is obscene, lewd, lascivious, filthy, or indecent with intent to annoy,
abuse, threaten, or harass another person
Schemes to defraud
Threatening bodily harm or damage to
individuals or groups
Violating U.S. export restrictions
(sending unsolicited advertising to those with which the customer
has no existing business relationship, posting off-topic
advertising in newsgroups)
HYIP Websites -
(High Yield Investment Programs)
Trading with securities, bonds.
Gambling, loteries, betting.
Pharmacy, prescription drugs, steroids.
Spoofing (using a return email address which
is not the valid reply address of the sender or sending an email message
which does not contain enough information to enable the recipient to
identify the party who is really sending the message
Trolling (posting controversial messages in
newsgroups to generate responses)
Mail bombing (inundating a user with email
without any serious intent to correspond)
Subscribing someone else to an electronic
mailing list without that person's permission
Distribution of mass emailing programs
Server broadcast messages or any message
sent on an intrusive basis to any directly or indirectly attached network
Attempt to circumvent any user
authentication or security of host, network, or account
Accessing data not intended for user
Probing the security of any network
Promulgation of viruses
IRC bots such as eggdrop or BitchX
state or federal laws, including the Electronic Communications Privacy
Act, the Computer Fraud and Abuse Act, or the Economic Espionage Act.
Or linking to websites of the above nature.
2.2 Data Transfer (Bandwidth)
Client may occupy only the amount of disk space on the Bizarre-Host' Server
and utilize no more than the network bandwidth that is allotted by
Bizarre-Host. Additional fees, specified on the Hosting
page, will be charged for exceeding the disk space and/or network
bandwidth allowance of your selected plan. NOTE: The bandwidth numbers
available in the control panel only account for web, POP E-Mail and FTP
bandwidth. If you are using excessive SMTP, SSL or
sendmail traffic, your bandwidth numbers can be
2.3 CPU resources
Client may not use excessive CPU resources. This ensures a fast server
environment, and an equitable share of server function for all clients. Any
script, streaming media, or downloads that use exceptionally high server
resources (such as constant and extended mail server use) may have to be
removed unless suitable arrangements are made with Bizarre-Host. While we
will make every effort to work with the Client, Bizarre-Host reserves the
right to immediately terminate any process and / or account that compromises
the server's ability to deliver content for our clients.
Resource usage considered excessive on Standard shared and reseller
- 40% of CPU or Memory resources for more than 90 seconds.
10% of CPU or Memory resources for an extended period of time.
Resource usage considered excessive on Budget shared and reseller
- 20% of CPU or Memory resources for more than 90 seconds.
- 10% of
CPU or Memory resources for an extended period of time.
addition to these restrictions, Budget accounts are not allowed to use
more than 10 cron tabs and none of these cron tabs are allowed to run more
frequently than every 5 minutes.
Client may not install or use an IRC bouncer, IRC bot or server program
(such as psyBNC). Such program processes are automatically terminated by the
server, and accounts running such utilities will be deleted.
Client may NOT resell space within their account. Each account is for the
sole use of the Client. Evidence that space is being resold may be grounds
for termination. This applies to resellers as well...each resold client is
expected to have their own account.
2.5 Email Policy
Email Spam. Bizarre-Host has a zero
stance policy on SPAM, Junk E-mail or UCE. Spam, Junk-mail and UCE are
defined as: the sending of the same, or substantially similar, unsolicited
electronic mail messages, whether commercial or not, to more than one
recipient. A message is considered unsolicited if it is posted in violation
of a newsgroup charter or if it is sent to a recipient who has not requested
or invited the message. UCE also includes e-mail with forged headers,
compromised mail server relays, and false contact information. This
prohibition extends to the sending of unsolicited mass mailings from another
service, which in any way implicates the use of Company whether or not the
message actually originated from our network.
Block Removal. If Customer actions have caused
Bizarre-Host mail servers or
Bizarre-Host IP address ranges to be placed on black hole lists and
other mail filtering software systems used by companies on the internet,
Customer will be assessed a $100 charge to Customer account and $100 per
hour for administrative charges incurred to remove and protect mail servers
and IP ranges.
- Drop-Box Accounts. Using this network for the receipt
of replies to unsolicited mass email (spam) sent from a third-party
network is prohibited.
- Header Forgery: Forgery of email headers (.spoofing.)
- Proxy Spamming: Spamming via third-party proxy,
aggregation of proxy lists, or installation of proxy mailing software is
- Relaying. Configuration of a mail server to accept and
process third-party messages for sending without user identification and
authentication is prohibited.
Mass Mailings: Sending mass unsolicited email is
considered spam. Unsolicited email is defined as email sent to a recipient
who has not double-opted in to mailings from the Customer. Senders of mass
mailings must maintain complete and accurate records of all opt-ins,
including the email and its headers if applicable, and provide such records
to Bizarre-Host upon request. If positive and
verifiable proof of opt-in cannot be provided, complaints from recipients of
the mailing are considered proof they did not subscribe and the mailing is
Mailing Lists: Bizarre-Host's mass
mailing rules also apply to mailing lists, list servs, or mailing services
contracted for by Customer. The policy is stated as follows: An acceptable
mailing list will be focused at a targeted audience that has voluntarily
signed up for e-mail information using a double opt-in process or that has
made their e-mail address available to Customer for distribution of
information. The list must allow for automatic removal by all end Customers
with non-distribution in the future. The list must also
include an anti spam text and an unsubscribe link at the TOP of every list
2.6 Child Pornography
will cooperate fully with any criminal investigation into a Customer's
violation of the Child Protection Act of 1984 concerning child pornography.
According to the Child Protection Act, child pornography
includes photographs, films, video or any other type of visual presentation
that shows a person who is or is depicted as being under the age of eighteen
years and is engaged in or is depicted as engaged in explicit sexual
activity, or the dominant characteristic of which is the depiction, for a
sexual purpose, of a sexual organ or the anal region of a person under the
age of eighteen years or any written material or visual representation that
advocates or counsels sexual activity with a person under the age of
Violations of the Child Protection Act should be reported
to the U.S. Customs Agency at 1-800-BEALERT.
2.7 Licensed Software Only
Client agrees to use only properly licensed third party software in
connection with Client's use of the Services.
2.8 Back-Up Files
Full backups are made weekly for standard shared and reseller accounts.
No backups are made for budget shared and reseller accounts.
No guarantees are made of any kind, either
expressed or implied, as to the integrity of these backups. Backups are made
for server restoration purposes only. It is the clients' responsibility to
maintain local copies of their web content and
information. The "Backup" feature
is included in CPanel and client can use this
tool to back up their files. If loss of data occurs due to an error of
Bizarre-Host, we will attempt to recover the data
at no charge to the client. If data loss occurs due
to negligence of client in securing their account or by an action of the
client, Bizarre-Host will attempt to recover the data
from the most recent archive for a $25.00 fee.
Bizarre-Host reserves the right to refuse service to anyone. Bizarre-Host,
in its sole discretion, may immediately suspend any account and/or terminate
this Agreement if Client engages in any of the foregoing or is in any way promoting any such activities.
To report any
unacceptable behavior by a third party using the Services, please contact
Accounts terminated for violating these terms will not be eligible for any refunds.
Clients account will be
terminated if payment has not been made within thirty (30) after the account
3. PAYMENT OBLIGATIONS
3.1 Service Fees
In order to provide the best possible hosting value for our clients, we
require clients to make timely payments. Bizarre-Host will
send out an invoice seven (7) days before payment date, the client must pay
the invoice within fourteen (14) days or the account will be suspended.
On the due date of each month,
Bizarre-Host shall receive the scheduled fees from PayPal from the ongoing
Bizarre-Host may apply a $10 reactivation fee for any account that has been
suspended for non-payment. Bizarre-Host shall be entitled to immediately
terminate this Agreement for Client's failure to make timely payments to
If Client terminates this Agreement in accordance with Section 5 hereunder,
Client shall be responsible for any outstanding fees owed to Bizarre-Host
and agrees to pay any and all fees incurred by Client. Because the Services
are provided on a monthly basis, Client will be responsible for Service fees
incurred each month regardless of when Client provides notice of
termination. Thus, for example, if Client provides notice to terminate
following the due date of a particular month, Client will still owe fees for
the entire month and such fees will not be pro-rated or refunded. If Client
has retained the Services for one (1) year and has pre-paid Bizarre-Host for
such Services, refunds will be issued for any unused full month portions of
the Services upon Clients request.
4. CLIENT LIABILITY AND INDEMNIFICATION
The parties agree that in no event shall Bizarre-Host be liable to any third
party for Client's breach or alleged breach of any of the terms and
conditions set forth in this Agreement. Client agrees to defend, indemnify
and hold harmless Bizarre-Host from any and all expenses, losses,
liabilities, damages or third party claims resulting from Client's breach or
alleged breach of any Client obligations set forth thereunder.
Client agrees to take full liability should any security measures be disabled
on client's account.
Any and all abuse on Client's account when security measures
are disabled will be considered to be caused by the Client him/her self and will
be held fully responsible.
5. TERM, TERMINATION & REINSTATEMENT
Subject to the terms and conditions hereof, this Agreement shall be
effective on the date you register for the Services, and shall continue in
effect on a month-to-month basis unless otherwise specified by separate
agreement (the "Term") unless terminated earlier pursuant to the provisions
of this Section. Either party will have the right to terminate this
Agreement upon notice to the other party. Failure of Client to remit payment
is not sufficient notice for cancellation of service, and fees will continue
to accrue until account deletion by Bizarre-Host or proper cancellation by
Sections 3-10 of this agreement shall survive termination or expiration of
this Agreement. Reinstatement of accounts terminated by Bizarre-Host will be
at Bizarre-Host sole discretion.
Violating these terms will result in account termination without the possibility of re-funds.
Should Bizarre-Host decide not to terminate Client's account after an abuse, Client's rights
to any refunds will have been for fitted and no refunds will be applicable for the lifetime of
6. Reseller Policy
Reselling is only allowed on "Reseller
accounts", Shared hosting accounts are not allowed to be resold. Resellers are responsible for the conduct of their
Customers and by agreeing with these terms, agree
that their Customers will adhere to these terms.
Resellers should make their perspective Customers aware of these
terms and the consequences for violation.
Client will pay and indemnify and hold Bizarre-Host harmless from any and
all taxes associated with or arising from Client's use of the Services,
including any penalties and interest and any costs associated with the
collection or withholding thereof.
8. DISCLAIMER OF WARRANTY
THE SERVICES, THE Bizarre-Host' SITE, INCLUDING WITHOUT LIMITATION, ALL
PRODUCTS AND SERVICES DISPLAYED OR OFFERED ON THE Bizarre-Host' SITE, AND
ALL TEXT, GRAPHICS, LINKS AND APPLICATIONS ARE PROVIDED TO CLIENT ON AN 'AS
IS' BASIS AND WITHOUT WARRANTY OF ANY KIND. Bizarre-Host DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO EACH OF THE FOREGOING,
WITHOUT LIMITATION, ANY WARRANTY OF MERCHANT ABILITY, FITNESS FOR A
PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Bizarre-Host SPECIFICALLY
DISCLAIMS ANY WARRANTY THAT (1)THE SERVICES WILL BE UNINTERRUPTED OR
ERROR-FREE; (2) DEFECTS WILL BE CORRECTED; (3) THERE ARE NO VIRUSES OR OTHER
HARMFUL COMPONENTS; AND (4) THE SECURITY METHODS EMPLOYED WILL BE
9. LIMITATION OF LIABILITY
IN NO EVENT SHALL Bizarre-Host BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF
DATA, PROFITS, USE OF THE Bizarre-Host SITE OR ANY Bizarre-Host PRODUCTS OR
SERVICES, OR FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL
DAMAGES IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH ANY PRODUCTS
OR SERVICES PROVIDED THEREUNDER.
Any notices or communication under this Agreement shall be in writing and
shall be deemed delivered to the party receiving such communication at the
address specified below
If to Bizarre-Host:
282 31 Tyringe
10.2 Client contact info
Client agrees to keep Bizarre-Host updated on address or telephone changes,
and maintain an accurate contact E-Mail address outside of client's domain.
If any of the provisions, or portions thereof, of this Agreement are found
to be invalid under any applicable statute or rule of law, then, that
provision notwithstanding, this Agreement shall remain in full force and
effect and such provision or portion thereof shall be deemed omitted. This
Agreement (including the Exhibits, attachments and/or addenda, if any,)
represents the entire agreement of the parties with respect of the subject
matter hereof and supersedes all prior and/or contemporaneous agreements or
understandings, written or oral between the parties with respect to the
subject matter hereof. This Agreement and the rights granted and obligations
undertaken thereunder may not be transferred, assigned or delegated in any
manner by Client, but may be so transferred, assigned or delegated by
Bizarre-Host. Any waiver or any provision of this Agreement, or a delay by
any party in the enforcement of any right here under, shall neither be
construed as a continuing waiver nor create an expectation of
non-enforcement of that or any other provision or right. In any legal
proceeding between the parties under this Agreement, the prevailing party
shall be entitled to recover its costs, expenses and reasonable attorneys'
fees. This Agreement is made under and shall be governed by the laws of the
United States of America, except with regard to it.s conflict of law rules.
This Agreement and Bizarre-Host. policies are subject to change by
Bizarre-Host without notice. A copy of the most recent Agreement will be
available on the Bizarre-Host Site. Continued usage of the Services after a
change to this Agreement by Bizarre-Host or after a new policy is
implemented and posted on the Bizarre-Host' Site constitutes your acceptance
of such change or policy. We encourage you to regularly check the
Bizarre-Host' Site for any changes or additions.
Bizarre-Host is the sole owner of the information collected on this Web
site. We only gather information we need to serve you better and will not -
without your consent, - sell, share, or rent this information to others in
ways different from what is disclosed in this statement except in cases
where in good faith we believe that the law requires us to do so, it is
necessary to protect Bizarre-Host's rights and/or property, or if
circumstances necessitate acting to protect the personal safety of staff or
of the public.
All information on this Web site is copyright 2003-2005 by Bizarre-Host - ALL