Terms of service

This Web Hosting Agreement is between Bakrypt and the person/persons who use our website hosting and domain service. Please read carefully to ensure you understand our terms before purchasing any of our products or services.


Services


Bakrypt ("The Company") agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service). Use of Bakrypt Service constitutes acceptance and agreement to Bakrypt's AUP(Acceptable Use Policy) as well as Bakrypt's TOS. All provisions of this contract are subject to Bakrypt's TOS and AUP. The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment. This Agreement shall be construed in all respects in accordance with the laws of the state of Illinois, county of Cook applicable to contracts enforceable in that state. Venue will be Cook County, Illinois.


Service Rates


Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. Any promotional offers are contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.


Payment and Fees


Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the renewal date for the service. The above applies to all accounts and services provided by Bakrypt.

Service can be interrupted on our shared and reseller web hosting accounts that reach thirty days past due. Service on virtual and dedicated servers can be interrupted that reach ten days past due. Invoices more than thirty days past due are subject to a 2.5% or $1.00 late payment fee, whichever is greater, per month the invoice is past due. Dedicated server accounts that have been suspended for non-payment are subject to a $50 reconnect fee. Virtual servers and shared accounts that have been cancelled are subject to a $20 account restoration fee. Accounts that are not collectable by Bakrypt may be turned over to an outside collection 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 $50 nor more than $150. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.


Refund and Disputes


All payments for services to Bakrypt. are nonrefundable excluding those covered by our 45 day moneyback guaranteee. This includes any one-time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within sixty days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in Bakrypt's sole discretion is a valid charge under the provisions of the TOS and/or AUP, you agree to pay Bakrypt an "Administrative Fee" of not less than $50 and not more than $150.


Failure To Pay


The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.


Service Cancellation


Bakrypt's preferred method of cancellation is via email to support@bakrypt.com.

You may also call us at 786 209-8807. Requests may also be submitted via email from the address on file to billing@bakrypt.com.

Requests for cancelling service may be made in writing with at least thirty days notice and sent to: Bakrypt. 711 Ne 23rd Terrace Miami, FL 33137 Only the primary account holder or an authorized contact can cancel the account. NOTE: Your account is not cancelled until you have received confirmation from Bakrypt stating that it has been cancelled.


Service Availability


Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury. Backups

All account data backups are the client's responsibility. While Bakrypt makes every reasonable attempt to prevent data loss, there are no claims or guarantees that the client's data can be restored in the event of data loss. Bakrypt can accept no responsibility for loss of data or consequences arising from this. Clients who have important data on our servers are strongly advised to implement their own backup system for their own protection.


Support Boundaries


Bakrypt provides 24 x 7 technical support to our subscribers (except for few holidays and short company meetings when we close our offices.) We limit our technical support to our area of expertise. The following is our guidelines when providing support: Bakrypt provides support related to your server or virtual site's physical functioning. Bakrypt does offer tech support for application specific issues such as CGI programming, HTML, MySQL, PHP, or any other such issue as a different service. Bakrypt does not also provide technical support for YOUR customers.

When possible, Bakrypt encourages you to use the ticketing system from your members portal or email support@Bakrypt.com for assistance. Unsolicited Commercial Email (SPAM)

Bakrypt takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of Bakrypt may not use or permit others to use our network to transact in UCE. Customers of Bakrypt may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. In addition, it is not acceptable to transmit bulk email through remote SOCKS, HTTP or other similar proxies who in turn make a SMTP (TCP port 25) connection to the destination mail servers. This technique may result in account suspension or termination. Violations of this policy carry severe penalties, LLCluding termination of service.

Violation of Bakrypt's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Bakrypt will initiate an immediate investigation (within 48 hours of notification). During the investigation, Bakrypt may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Bakrypt may, at its sole discretion, restrict, suspend or terminate customer's account. Further, Bakrypt reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Bakrypt will notify law enforcement officials if the violation is believed to be a criminal offense.

First violations of this policy will result in an "Administrative Fee" of $250 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $500 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $175 per hour that Bakrypt personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.

As our Customers are ultimately responsible for the actions of their clients over the Bakrypt network, it is advisable that Customers develop a similar, or stricter, policy for their clients.


IMPORTANT NOTICE:


Anyone hosting websites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server immediately removed from our network. The server will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the server from our network without notice to the customer. Any server guilty of a second violation WILL be immediately and permanently removed from our network without notice. Network

IP Address Ownership: If Bakrypt assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to Bakrypt, and Customer shall have no right to use that Internet Protocol address except as permitted by Bakrypt in its sole discretion in connection with the Services, during the term of this Agreement. Bakrypt shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by Bakrypt, and Bakrypt reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN's new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting.

Bandwidth and Disk Usage: Customer agrees that bandwidth and disk usage shall not exceed the number of gigabytes per month for the Services ordered by Customer on the Order Form (the "Agreed Usage"). Netwsp will monitor Customer's bandwidth and disk usage. Bakrypt shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in Bakrypt's sole and absolute discretion. If Bakrypt takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that a customer exceeds the included allocation, Bakrypt may, at its sole discretion, collect a deposit, in an amount determined by Bakrypt, against customer's credit card on file with Bakrypt.


System and Network Security:


Users are prohibited from violating or attempting to violate the security of the Bakrypt Network. Violations of system or network security may result in civil or criminal liability. Bakrypt will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:

  • Accessing data not intended for such User or logging into a server or account, which such user is not authorized to access.
  • Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
  • Attempting to interfere with service to any user, host or network, LLCluding, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
  • Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
  • Taking any action in order to obtain services to which such User is not entitled.

Notification of Violation


Bakrypt is under no obligation to look at each customer's or user's activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.

First Violation: Any User, which Bakrypt determines to have violated any element of this Acceptable Use Policy, shall receive an email, warning them of the violation. The service may be subject at Bakrypt's discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations.

Second Violation: Users that Bakrypt determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.

We reserve the right, to drop the section of IP space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer's network, or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.


Suspension Of Service Or Cancellation


Bakrypt reserves the right to suspend network access to any customer if in the judgment of the Bakrypt network administrators the customer's server is the source or target of the violation of any of the other terms of the AUP or for any other reason which Bakrypt chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's machines were suspended.


TOS/AUP Revision


Bakrypt reserves the right to amend its policies at any time. All clients, resellers and managed servers of Bakrypt must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate cancellation. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of Use policy.


Indemnification


Bakrypt wishes to emphasize that in agreeing to the Bakrypt Acceptable Use Policy (AUP) and Terms of Service (TOS), customer indemnifies Bakrypt for any violation of the AUP and TOS that results in loss to Bakrypt or the bringing of any claim against Bakrypt by any third-party. This means that if Bakrypt is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against Bakrypt, plus all costs and attorney's fees.


Miscellaneous Provisions


You must provide us with, and keep current, good contact information for you. E-mail and telephone contacts are used, in that order of preference.

A waiver by the Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.

Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation.

Bakrypt takes no responsibility for any material input by others and not posted to the Bakrypt network by Bakrypt. Bakrypt is not responsible for the content of any other websites linked to the Bakrypt network; links are provided as Internet navigation tools only. Bakrypt disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.

Bakrypt is not responsible for any damages your business may suffer. Bakrypt does not make implied or written warranties for any of our services. Bakrypt denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Bakrypt.

Responsibility for Content: You, as Bakrypt's customer, are solely responsible for the content stored on and served by the web server.


Denial Of Service


Bakrypt reserves the right to refuse service to anyone at any time for any reason.

Acceptable Usage Policy

Bakrypt's Acceptable Use Policy ("AUP") is provided to give our customers and users a clear understanding of what Bakrypt expects of them while using the service. All users of Bakrypt's web hosting: those who access some of our services but do not have accounts, as well as those who pay a service fee to subscribe to the Services, must comply with this AUP and our TOS (Terms of Service).

Use of Bakrypt Service constitutes acceptance and agreement to Bakrypt's AUP as well as Bakrypt's TOS (Terms of Service) Bakrypt supports the uncensored flow of information and ideas over the Internet and do not actively monitor subscriber activity under normal circumstances. Similarly, we do not exercise editorial control over the content of any web site, e-mail transmission, newsgroups, or other material created or accessible over or through the services, except for certain proprietary web sites. However, in accordance with our TOS (Terms of Service), we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP. Bakrypt may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. Your violation of this AUP may result in the suspension or immediate termination of either your Bakrypt account or other actions as detailed in Section 3 WITHOUT PRIOR NOTICE.

This document is intended to provide a basic understand of Bakrypt's Acceptable Use Policy. The following are guidelines for the establishment and enforcement of Bakrypt's AUP:

Ensure reliable service to our customers, Ensure security and privacy of our systems and network, as well as the networks and systems of others. Comply with existing laws. Maintain our reputation as a responsible service provider. Encourage responsible use of the Internet and discourage activities which reduce the usability and value of Internet services. Preserve the value of Internet resources as a conduit for free expression and exchange of information. Preserve the privacy and security of individual users. Bakrypt intends to provide its customers access to everything the Internet has to offer. While the Bakrypt is firmly committed to the principles of free speech, certain activities that may be damaging to the resources of both the Bakrypt and the Internet and cannot be permitted under the guise of free speech. The resources of the Bakrypt and the Internet are limited, and abuse of these resources by one user has a negative impact on the entire community.

We do not routinely monitor the activity of accounts except for measurements of system utilization and the preparation of billing records. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our service.

You may not use your hosting service to publish material, which Bakrypt determines, at its sole discretion, to be unlawful, indecent or objectionable. For purposes of this policy, "material" refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings.

If a Bakrypt account is used to violate the Acceptable Use Policy or our TOS, we reserve the right to terminate your service without notice. We prefer to advise customers of inappropriate behavior and any necessary corrective action, however, flagrant violations of the Acceptable Use Policy will result in immediate termination of service. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time.

As a member of our network community, you must use your Internet access responsibly. If you have any questions regarding this policy, please contact us at support@bakrypt.com.

List of Bakrypt's AUP Violations

The following constitutes violations of Bakrypt's AUP:

Illegal Use: Bakrypt's services may not be used for illegal purposes, or in support of illegal activities. Bakrypt reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.

Harm To Minors: Use of the Bakrypt service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography. Threats: Use of the Bakrypt service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.

Harassment: Use of the Bakrypt service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another. Fraudulent Activity: Use of Bakrypt service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as "pyramid schemes," "ponzi schemes," and "chain letters."

Forgery Or Impersonation: Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying infrmation is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.

Unsolicited Commercial EMail(SPAM): Use of the Bakrypt service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type will result in the immediate termination of the offending Bakrypt account.

System Resources: No site is allowed to utilize more than its defined amount of system resources. Failure to comply to a warning email we will be forced to suspend/terminate your account.

EMail / Web Bombing: Malicious intent to impede another person's use of electronic mail services or news will result in the immediate termination of the offending Bakrypt account.

E-mail / Message Forging: Forging any message header, in part or whole, of any electronic transmission, originating or passing through the Bakrypt service is in violation of this AUP.

Website / Comment Spamming: Bakrypt has a zero tolerance policy for the use of its network for the posting of messages, comments or commercial advertisements, which violate the rules, regulations, FAQ or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of the site or that are solicited by the recipients are permitted.

Unauthorized Access: Use of the Bakrypt service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Bakrypt's or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending Bakrypt account is subject to immediate termination.

Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right: Use of the Bakrypt service to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.

Collection Of Personal Data: Use of the Bakrypt service to collect, or attempt to collect, personal information about third parties without their knowledge or consent.

Network Disruptions And Unfriendly Activity: Use of the Bakrypt service for any activity which affects the ability of other people or systems to use Bakrypt Services or the Internet. This includes "denial of service" (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. It is the Member's responsibility to ensure that their network is configured in a secure manner. A Subscriber may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A Subscriber may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner. Unauthorized entry and/or use of another company and/or individual's computer system will result in immediate account termination. Bakrypt will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data.

Fraud: Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.

Distribution Of Viruses: Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such an offense will result in the immediate termination of the offending account.

Inappropriate Use Of Software: Use of software or device outside of its intended purpose that impacts the performance of Bakrypt's equipment or other devices on the internet can result in suspension of the service.

Third Party Accountability: Bakrypt subscribers will be held responsible and accountable for any activity by third parties, using their account, that violates guidelines created within the Acceptable Use Policy.

Verbal Abuse: Inapporpiate behavior or language directed at a Bakrypt staff member can result in immediate termination of the account. Security

You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. You are also responsible for maintaing any software installed on your account to ensure that its secure from attack.

Your password provides access to your account. It is your responsibility to keep your password secure.

Sharing your password and account access with unauthorized users is prohibited. You should take care to prevent others from using your account since you will be held responsible for such use.

Attempting to obtain another user's account password is strictly prohibited, and may result in termination of service.

You must adopt adequate security measures to prevent or minimize unauthorized use of your account.

You may not attempt to circumvent user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.

You may not attempt to interfere with service to any user, host or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host.

Users who violate systems or network security may incur criminal or civil liability. Bakrypt will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.

Server and Network Performance

Bakrypt web hosting accounts operate on shared resources. Excessive use or abuse of these shared resources by one customer may have a negative impact on all other customers. Misuse of shared resources in a manner which impairs web hosting performance is prohibited by this policy and may result in termination of your account.

You are prohibited from excessive consumption of resources, including CPU time, memory, disk space and session time. You may not use resource-intensive programs which negatively impact other customers or the performances of Bakrypt systems or networks. Bakrypt reserves the right to terminate or limit such activities.

Reporting AUP Violations

Bakrypt requests that anyone who believes that there is a violation of this AUP direct the information to the Abuse Department at abuse@bakrypt.com.

If available, please provide the following information:

The IP address used to commit the alleged violation. The date and time of the alleged violation, including the time zone or offset from GMT. Any evidence collected regarding the alleged violation. E-mail with full header information provides all of the above, as do system log files. Other situations will require different methods of providing the above information. Bakrypt may take any one or more of the following actions in response to complaints:

Issue written or verbal warnings Suspend the Member's account. Terminate the Member's account. Bill the Member for administrative costs and/or reactivation charges. Bring legal action to enjoin violations and/or to collect damages, if any, cause by violations. AUP Revisions

Bakrypt reserves the right to revise, amend, or modify this AUP, our TOS (Terms of Service) and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our TOS (Terms of Service).

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