Terms Of Service

MyBargainHost.com (herein referred to as "MyBargainHost") provides Internet World Wide Web page hosting and e-mail services. MyBargainHost has certain legal and ethical responsibilities regarding the use of its computer network and equipment involved in these services.

MyBargainHost's general policy is to act as a neutral provider of access to the global Internet. MyBargainHost has specific ethical concerns regarding the use of its computers detailed below. MyBargainHost reserves the right to suspend or cancel a customer's access to any or all services provided by MyBargainHost should MyBargainHost deem that the account has been inappropriately used, even for events that are not specifically outlined in this document.

MyBargainHost reserves the right to revise its policies at any time.

MyBargainHost.com (MyBargainHost) provides web hosting services to subscribers around the world. The following terms of service are designed to provide the highest level of service available

Specific Acceptable Use Policies

Content

All services provided by MyBargainHost are to be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or Local law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, material that jeopardizes national security, or material protected by trade secret or other laws. The subscriber agrees to indemnify and hold harmless MyBargainHost from any claims resulting from the subscriber's use of MyBargainHost's services which damages the subscriber or any other party.

Note: Pornography and sex related merchandising are prohibited on any MyBargainHost server. This includes sites that may imply sexual content, or link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to MyBargainHost servers or any other server on the Internet. Links to such materials are also prohibited.

• Examples of prohibited content or links include (but are not limited to): IRC Software
• Pirated software
• Hacking programs or archives
• Warez Sites
• Distribution of music files or any other material in which the account holder does not own the copyright.
• Adult Sites
• Game Servers (dedicated game server programs)

MyBargainHost will be the sole arbiter as to what constitutes a violation of this provision. Content that does not meet these standards will be removed without prior notice to the subscriber. Housing of any of the following files is considered a violation of the terms of service:

• IRC - We currently do not allow IRC, Egg Drops, BNC, or IRC bots to be operated on our servers or network. Files with references to IRC or any likeness thereof are prohibited. Also any program that acts like an IRC server or that provide chat functions that run as background processes are not allowed.
• Proxies - We do not allow proxy servers of any kind, whether for personal or business use. Files with references to any proxy or likeness thereof are prohibited.
• PortScanning - We do not allow any kind of portscanning to be done on or from our servers or network.
• PHP or CGI Shell - PHP/CGI Shells or any likeness thereof are prohibited. Files with any reference to PHP Shells or likeness thereof are prohibited.
• ShoutCast Servers - We do not allow Shoutcast Servers due to bandwidth and load issues.

Commercial Advertising - Email

We at MyBargainHost are proud to support responsible commerce on the Internet - this is represented in our service offerings and unparalleled support. However, it has become apparent that the same environment that has helped this trend take off has also contributed to numerous cases of fraud and abuse of network resources.

In particular, "spam" has proven to be a major problem for many of our customers and the Internet at large. Spam is a common slang term referring to the sending of unsolicited email, instant messaging, or other communication to a large group of people at once. Variations on this practice include off topic (and usually promotional) messages on bulletin boards, guestbooks, Usenet newsgroups, or chat rooms.

Spam is strictly against our Terms and Conditions, and will result in a $500 cleanup fee and the immediate disablement without refund of any customers who are found to have used spam in conjunction with their MyBargainHost account. The following policy dictates in specific terms what is considered acceptable use of bulk email by MyBargainHost: Subscriptions

1. Mailing list subscribers must specifically opt-into the list they are subscribed to. This applies to both new subscriptions and the bulk addition of addresses already subscribed via other means. Confirmation is handled using a single confirmation message sent to the subscriber's email address. This mailing must contain a URL to the site's privacy policy, a brief description of the mailing list, and a URL that the user must follow to confirm the subscription.
   
2. Mailing list subscriber information must include the date and time that the subscription was confirmed, as well as the IP address of the subscriber at the time of the subscription. The user must be able to present this information as requested, at MyBargainHost's request. The account holder agrees to furnish this information within 24 hours to MyBargainHost to allow MyBargainHost to defend itself from potential blacklisting. Failure to provide this information, as requested, may result in account suspension.
   
3. The nature of email address use must be fully disclosed, either on the page the subscription is made from or with a prominent link to (your) site's Privacy Policy. It must be made reasonably clear how a user's email address will be used and in what circumstances it will be shared.
   
4. Lists cannot be procured from outside parties unless the email sender has procured a list from an organization that sells or otherwise shares email distribution lists, and all of the following conditions are met:
   
   1. The selling organization maintains a publicly viewable privacy policy disclosing that such sales may occur.
      
   2. The privacy policy is prominently linked to from the page the subscriber signed up from.
      
   3. The privacy policy has not changed substantially since the user signed up.
      
   4. Records are kept of the date, time, IP address, and form location where the subscribing user signed up from.
      
   5. Lists procured from outside parties must have been consistently handled in a manner comparable to MyBargainHost's policies.
      
   6. Users cannot populate lists with addresses obtained for a substantially different purpose than was originally disclosed to the user.
      
   7. All subscriptions must be re-confirmed in the manner described in Subscriptions (above) before being sent bulk email messages.

Mailing Practices

1. Users must not modify the headers of any message in such a way that purposefully obfuscates the origin of the message.
   
2. Undeliverable addresses must be removed from all future mailings after no more than 5 bounces.
   
3. Users are responsible for the practices of any affiliate program members they solicit the help of, as if they were hiring an outside advertising agency.
   
4. Users using either outside advertising companies or 3rd party mailing programs must abide by the same policies and practices as those using MyBargainHost's own bulk mailing list tools.
   
5. All mailings must provide clear and simple to follow instructions for opting-out of future mailings, and all reasonable attempts must be made to facilitate the removal of a mailing list subscriber at their request. This must be included in EVERY MAILING. Bulk messages sent to BCC's (Blind Carbon Copies) where the recipient is NOT identified are forbidden.

Spamware

1. It is strictly prohibited in conjunction with your MyBargainHost account to sell software designed specifically to facilitate the practice of spamming, phishing or pharming.

Other

1. Predominately promotional messages must not be posted to bulletin boards, discussion forums, guestbooks, Usenet newsgroups, or any other similar service unless the operator of that service explicitly allows such messages. In the case of Usenet newsgroups, such messages must be specifically allowed in that group's charter.

Suspensions

1. MyBargainHost reserves the right to disable any account at any time should it feel there is a reasonable suspicion that it is being used in conjunction with the practice of spamming, "phishing" or "pharming".
   
2. Customers must substantially address all spam related inquiries by MyBargainHost personnel within 24 hours. Failure to respond may result in the supsension of the user's account.

By following these guidelines and respecting the privacy of your visitors, you can gain much from the responsible practice of commerce online. Of course, should you have any questions regarding the proper way to use bulk email with your web site, please contact us for more information.

Server Abuse

Any attempts to undermine or cause harm to a MyBargainHost server or subscriber of MyBargainHost is strictly prohibited including, but not limited to:

• Logging into a server or account that you are not authorized to access
• Accessing data or taking any action to obtain services not intended for you or your use
• Attempting to probe, scan or test the vulnerability of any system, subsystem or network
• Tampering, hacking, modifying, or otherwise corrupting or breaching security or authentication measures without proper authorization
• Transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computer's functionality or the operation of the System
• Interfering with, intercepting or expropriating any system, data or information
• Interfering with service to any user, host or network including, without limitation, by means of overloading, "flooding," "mailbombing," or "crashing" any computer system

You will be held responsible for all actions performed by your account whether it be done by you or by others. All sub-networks of MyBargainHost and all dedicated servers must adhere to the above policies.

Scheduled Maintenance and Downtime

MyBargainHost will use all reasonable efforts to provide services 24 hours a day, seven days a week. Subscriber acknowledges that from time to time the services may be inaccessible or inoperable for various reasons, including periodic maintenance procedures or upgrades ("Scheduled Downtime"); or service malfunctions, and causes beyond MyBargainHost's control or which are not reasonably foreseeable by MyBargainHost, including the interruption or failure of telecommunications or digital transmission links, hostile network attacks, or network congestion or other failures.

MyBargainHost will provide at least 48 hours advance notice to the subscriber for Scheduled Downtimes, and will use commercially reasonable efforts to minimize any other disruption, inaccessibility and/or inoperability of its web servers. MyBargainHost has no responsibility for downtime resulting from a user's actions.

Refunds

Refunds will be granted within a FULL 14 Days from signup (per our 14 Day Money Back Guarantee). Pre-Paid service, used or un-used is NOT REFUNDABLE after above mentioned 14 Day refund period. VPS or Dedicated Server orders ARE NOT REFUNDABLE AND CARRY NO GAURATEES - EXPRESSED OR IMPLIED. Notice of cancellation must be given within 72 hours of the next billing period to avoid un-wanted charges. Setup fees, domain registrations and add-on extras ARE NOT REFUNDABLE FOR ANY REASON. FREE DOMAINS will be deducted from all pre-paid refunds at the rate of $11.99 per year, WITHOUT EXCEPTION.

Any violation of MyBargainHost's Terms of Service Agreement shall result in no refund.

Limitations on Use

Any account using 10% or more of the server CPU or memory (for a period longer than 30 seconds -- or 5 minutes cumulative daily) can be suspended and/or terminated.

Any account that uses excessive amounts of bandwidth can and will be subjected to bandwidth throttling.

Background Processes. Unauthorized background processes shall result in immediate termination of the account. MyBargainHost maintains the right to cancel accounts at its discretion.

Account Setup, Termination, and Billing

All accounts are set up on a pre-pay basis. All pricing is guaranteed for the term of pre-payment. Once the customer signs up at that rate, that rate is guaranteed to renew at the same price for as long as that account remains in good standing.

MyBargainHost reserves the right to change prices at any time.

Payment is due each anniversary month or period following the date the account was established. Any account not brought current within three days of e-mail notice or exceeding this time frame in any way is subject to suspension. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies MyBargainHost in writing for a request for termination of services.

If a chargeback is issued for hosting fees, for ANY reason, client agrees to pay a $59 service fee and reverse the chargeback with their bank before site will be restored or backup data is released.

All payments are to be made in U.S. currency.

Overdue Accounts

MyBargainHost attempts to contact all customers when invoices are pending. It is critical that you keep email addresses up to date in your account.

Invoices are considered overdue the day AFTER the anniversary date of the account (Monthly or Yearly). At this point, the account is not in "good standing" and will not be eligible to renew at discounted rates. Any "double" packages will be lost. New quotas will correspond to the new package ordered.

The steps we may take with overdue hosting accounts (not domain name registrations):

1. We attempt to contact the customer via Email prior to due date, and the day AFTER due date.
   
2. Invoices not paid within 48 hours may result in site suspension. At this point, the account is not in "good standing" and will not be eligible to renew at discounted rates. Any "double" packages will be lost. New quotas will correspond to the new package ordered.
   
3. Invoices not paid within 20 days will be cause for account termination. When this happens, ALL data is removed from the servers, including any backup copies we have. You will need to sign up as a new customer if your account is cancelled.
   

Payment Receipts

All clients are advised to keep a copy of their payment receipts. It proves you own your account, and may be requested at various times in our helpdesk system. Only the authorized holder of the payment receipt will be given passwords or usernames to your account. We won't release the information any other way.

Cancellation Procedure

Valid proof of account ownership will be required to terminate an account. This includes, but is not limited to, billing information in the form of a partial credit card number or other payment information. Non-secure information, such as the contact email address or account billing address, is not sufficient as a security verification.

Courtesy Services for Customers

All services such as backup, and others are provided for the courtesy of the subscriber. It is the sole responsibility of the subscriber to maintain the subscriber's own backup of any data. MyBargainHost is not responsible for lost data or for lost data due to third party software that is not maintained by MyBargainHost programming staff.

Indemnification

Client agrees to defend, indemnify and hold harmless MyBargainHost against any liabilities arising out of defective products sold to customers from MyBargainHost servers, personal injury or property damage caused by products or services sold or distributed from MyBargainHost servers, any material that infringes or allegedly infringes on the rights of a third party available from MyBargainHost servers, and any material that libels or allegedly libels a third party available from MyBargainHost servers.

Disclaimer

MyBargainHost is not responsible for any damages to any client's business. MyBargainHost makes no warranties or guarantees of any kind, expressed or implied for services that we provide. Use of MyBargainHost's web hosting and email service is at the client's sole risk. MyBargainHost's services are provided on an "as is, as available" basis.

MyBargainHost does not guarantee that our services will be uninterrupted or error free. MyBargainHost will provide every effort in good faith to ensure that its services are available to as many Internet users as possible with minimal service interruptions.

In no circumstance will MyBargainHost be liable for any claims resulting from the use or inability to use MyBargainHost's services - including, but not limited to, service interruptions, client errors, Internet connectivity problems, miscommunications, unauthorized access to MyBargainHost servers, InterNIC problems, DNS caching, Internet bandwidth congestion, power failures, vandalism, and natural disasters.

General

Terms Of Service are subject to change without any prior notification.

These Terms of Service are a legally binding contract between the subscriber and MyBargainHost.

By opening an account, the subscriber agrees to the above-stated terms.

Anything not listed in the Terms of Service is open to interpretation and change by MyBargainHost administrators without prior notice.

All prices, with the exception of the 7-day money back guarantee, are nonrefundable and nonnegotiable.

Any violation of these Terms of Service will result in termination of the account. MyBargainHost maintains the right to terminate accounts without prior notification.

GOVERNING LAW. THIS AGREEMENT SHALL BE GOVERNED BY AND INTERPRETED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF NEW YORK STATE AND THE FEDERAL LAWS OF THE UNITED STATES OF AMERICA APPLICABLE THEREIN WITHOUT REFERENCE TO RULES GOVERNING CHOICE OF LAWS. ANY ACTION RELATING TO THIS AGREEMENT MUST BE BROUGHT IN SCHENECTADY COUNTY NEW YORK AND YOU IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURTS.

INFANCY. You attest that you are of legal age to enter into this Agreement. We will not knowingly provide service to any user under the age of 13.

ACCEPTANCE OF AGREEMENT. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE AFFILIATE NETWORK AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.