The use of hosting or website services from Breeze Marketing Media (hereafter referred to as “BMM”), constitutes agreement to these terms.
1.) Account Setup / Email on file
We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. Providing false contact information of any kind may result in the termination of your account.
Website Transfer to Another Host
You may request assistance with transfer of your site from prior hosting. We will provide instructions free of charge. If assistance is needed to transfer a site, a fee will be incurred to do so, generally approximately $50, but please contact us for a quote for your site.
All services provided by BMM may only be used for lawful purposes. The laws of the State of Texas, and the United States of America apply to all accounts.
The customer agrees to indemnify and hold harmless BMM from any claims resulting from the use of our services.
Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. If you believe that your copyright or trademark is being infringed upon by a website we host, please email our Support department with details regarding the suspected infringment. If the request is in regards to a licensing issue, we may require further documentation. US Copyright Infringement Info
Examples of unacceptable material on all servers include:
IRC Bots, Proxy Scripts / Anonymizers, Pirated Software / Warez, image, filedump, mirror, or banner-ad services (similar to rapidshare, photobucket, or commercial banner ad rotation), topsites, commercial audio streaming (more than one or two streams), Escrow, High-Yield Interest Programs (HYIP) or related sites, Investment sites (FOREX, egold exchange), sale of any controlled substance without prior proof of appropriate permit(s), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg’s, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers, Spam Scripts, Adult sites, and sites that promote information, products, or services which are not family friendly. Forums and or websites that distribute or link to warez content are prohibited.
We reserve the right to refuse service to anyone.
- We reserve the right to terminate service with 15 days notice via the email account of record, with or without stated cause. If we terminate service without stated cause, unused hosting or maintenance fees will be refunded. We may, and reserve the right to, terminate WITHOUT notice in the event of abuse or copyright violations.
- In the event that we terminate service, we will supply the site owner with a full backup of their site and email account settings, deliverable by download, or mailed to the website owner on a compact disc, provided we have a valid mailing address for the site owner. EXCEPTION: If you have duplicated your site to share with someone else, or for resale purposes without our express permission in writing, or if your account is terminated due to abuse, backups will NOT be provided.
- In the event that we terminate service, the website owner may request assistance in transferring the site to new hosting. We reserve the right to charge a fee for website transfer services (depending on site type, and new hosting type). Referrals to other qualified web professionals will be provided on request, without charge.
Any material that, in our judgment, is obscene, offensive, illegal, or threatening is prohibited and will be removed from our servers with or without notice.
- Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. We will assist clients promptly with abuse issues.
- If in doubt regarding the acceptability of your site or service, please contact us at through out support system, and we will be happy to assist you.
- Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita):
- Any site found to host child pornography or linking to child pornography will be suspended immediately without notice and reported to the authorities.
- Refunds will not be granted on accounts which are suspended or terminated due to abuse or offensive material.
Violations will be reported to the appropriate law enforcement agency.
It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as username and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.
3.) Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists” and “double opt-in” will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.
Sites advertised via SPAM may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.
BMM reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.
BMM reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is entirely at the discretion of BMM.
4.) Payment Information
You agree to supply appropriate payment for the services received from FBE, in advance of the time period during which such services are provided. You agree that until and unless you notify BMM of your desire to cancel any or all services received, those services will be billed on a recurring basis.
Cancellations must be done in writing, or through our automated online billing manager. Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you that your account has been canceled. At this time, your account with us has been canceled. If you do not hear back from us or receive an e-mail confirming this cancellation, please contact us immediately.
As a client of BMM, it is your responsibility to ensure that your payment information is up-to-date, and that all invoices are paid on time. BMM provides a 3 day grace period from the time the invoice is due and when it must be paid. Any invoice that is overdue for 3 days and not paid will result in a late fee of $1 and/or an account suspension until account balance has been paid in full.
Invoices that have been paid more than once with multiple Paypal Payments can only be refunded as credit towards the account and cannot be refunded via Paypal. If you require assistance with this provision, please contact us.
BMM reserves the right to change the monthly payment amount and any other charges at anytime, after notifying clients via email.
5.) Backups and Data Loss
Your use of the service is at your sole risk. BMM is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on FBE servers. EXCEPTION: If you contract with us for Backup Services, we are responsible for performing and maintaining backups according to the contracted schedule.
6.) Cancellations and Refunds
BMM reserves the right to cancel the account at any time with or without notice. Refunds will be granted only when accounts are not canceled for reasons of abuse or fraud.
Any abuse of our staff in any medium or format will result in the suspension or termination of your services.
Customers may cancel at any time via the cancellation form, or (for PayPal subscriptions) through their PayPal account.
There are no refunds on administrative fees, install fees for custom software, or site move assistance. Refund requests after the intitial 15 days of service will be refunded on a prorated basis of any unused time. Refunds will only be granted on custom website services with the provision that no materials may be used by the client which have not been fully paid for.
Only first-time hosting accounts are eligible for a hosting refund. For example, if you’ve had an account with us before, canceled and signed up again, you will not be eligible for a refund nor will you if you have opened a second account with us.
Violations of the Terms of Service will void the refund policy.
7a.) Hosting Resource Usage
User may not:
a) Use 25% or more of system resources for longer than 90 seconds. This is likely to occur if you use multiple dynamic scripts on an account, or if you have high traffic or intensive downloads.
b) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
c) Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
d) Run any software that interfaces with an IRC (Internet Relay Chat) network.
e) Run any bit torrent application, tracker, or client. Please note that you may link to torrents off server, but may not host or store them.
f) Participate in any file-sharing/peer-to-peer activities
g) Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
h) Run cron entries with intervals of less than 15 minutes
When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include(“http://yourdomain.com/include.php”) use include(“include.php”)
7b.) Hosting INODES
The use of more than 50,000 inodes on any shared account may potentially result in suspension. Accounts found to be exceeding the 50,000 inode limit will automatically be removed from our backup system to avoid overusage. Every file on your account uses up 1 inode.
Simply exceeding the limit does not constitute grounds for suspension however accounts that constantly create and delete large numbers of files on a regular basis or cause file system damage may cause your account to be flagged for review.
8.) Hosting Bandwith Usage
You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.
If you are using a free account that is provided with a Maintenance Agreement, we will increase your account size up to our largest standard account, without additional charge to you. If you exceed the limits of our largest standard account, you are subject to the same conditions as other hosting account users.
9a.) Money Back Guarantee
BMM’s hosting plans carry a 15-day unconditional money back guarantee. If you are not completely satisfied with our services within the first 15 days of your service, you will be given a full refund of the contract amount. 15 day unconditional money back guarantee is only for monthly shared packages and does not apply to other services. User must request a refund by emailing support.
9b.) Hosting Uptime Guarantee
If your shared hosting has a physical downtime that is not within the 99.9% uptime you may receive one month of credit on your account. Approval of the credit is at the discretion of BMM dependent upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor’s network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please contact support with justification. All requests must be made in writing via email. Uptime guarantees only apply to shared hosting solutions.
10a.) Shared Hosting
Shared accounts may not resell web hosting to other people.
11.) Monthly Maintenance Services
BMM provides monthly backups, and regular site software updates to Monthly Maintenance clients. Doing so decreases the risk of site downtime due to third party abuse of the site, but cannot eliminate the risk. In the event that a client site is hacked or abused, and that client has an active contract for Monthly Maintenance from BMM, BMM will restore the client site without charge. In the event that BMM fails to perform backups or updates in a timely manner, BMM will bear the cost of site restore and reconstruction. Under no circumstances is FBE responsible for maintaining backups in excess of three weeks old.
Customer agrees that it shall defend, indemnify, save and hold BMM harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against BMM, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless FBE against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with FBE; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) any defective products sold to customers from FBE’s server.
BMM shall not be responsible for any damages your business may suffer. BMM makes no warranties of any kind, expressed or implied for services we provide. BMM disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by BMM and its employees, except as expressly stated elsewhere in the Terms of Service.
14.) Disclosure to Law Enforcement
BMM may disclose any subscriber/client information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. BMM will cooperate fully with law enforcement agencies, and will report hacking, phishing, spamming, or other legal violations to legal authorities – this is done to protect our clients, in the event that their site is abused by a third party, and because it’s the right thing to do.
15.) Change to the TOS
BMM reserves the right to revise its policies at any time without notice.
16.) Installed Website System Usage
Installed website systems contain a combination of Open Source and Proprietary Code and Content. Site owners may duplicate their site for their OWN use (on a domain name that THEY own), but MAY NOT duplicate the site structure for Resale or for sharing with friends. Any site owner who violates this term may have their site suspended without warning, and legal action may be taken against them for copyright infringement.
17.) Copyright for Content including all Media
Site owners have shared Copyrights to all content that is pre-installed, exclusive copyrights on all content they provide for their site or install themselves (we have NO rights to anything they have added themselves). Site owners have exclusive copyrights to content or images that are created for them which they pay for, and non-exclusive copyrights on any items they pay for which are created from Stock Images.