Terms of Service :
IMPORTANT NOTICE:
*All Payments To Bag Of Nuts Are Non-Refundable* if your account is terminated for a violation of the Bag Of Nuts (AUP) or (TOS) Agreements.
Bag Of Nuts ("The Company") agrees to furnish Services to the Subscriber ("Subscriber"), subject to the following Terms Of Service (TOS).
Use of Bag Of Nuts Service constitutes acceptance and agreement to Bag Of Nuts's Acceptable Use Policy (AUP) as well as Bag Of Nuts's Terms Of Service (TOS).
All provisions of this contract are subject to the Terms Of Service (TOS) and Acceptable Use Policy (AUP) of Bag Of Nuts. 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 New York, county of Ulster applicable to contracts enforceable in that state. Venue will be Bergen County, New Jersey.
Disclosure to Law Enforcement
The (AUP) specifically prohibits the use of our Service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all Subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition Bag Of Nuts shall have the right to terminate all Service set forth in this Agreement.
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 offer is contingent upon Company achieving and maintaining its cost of Service goals including but not limited to rates charged to company by its suppliers, or other 3rd party partners.
Payment
Establishment of this Service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month's Service, or on the anniversary date of the year, if paid yearly. All accounts and Services provided by Bag Of Nuts are inclusive of all sales taxes to be paid by the Subscriber, where applicable.
Payments and Fees
Credit cards that are declined for any reason may be subject to a £1.00 declination fee. Service will be interrupted on accounts that reach 10 days past due. Service interrupted for nonpayment is subject to a £5.00 reconnect charge. Accounts not paid by due date are subject to a £3.00 late fee. Accounts that are not collectable by Bag Of Nuts 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 all associated collection costs involved. The minimum "Collection Fee" is £50.00. 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 to Bag Of Nuts are nonrefundable for violation of the (TOS) and/or (AUP). This includes the one time setup fee for web hosting accounts (where applicable) and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in Bag Of Nuts's sole discretion is a valid charge under the provisions of the (TOS) and/or (AUP), you agree to pay Bag Of Nuts an "Administrative Fee" of not less than £20.00 and not more than £50.00 in addition to any valid charge.
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.
Account Cancellation
Requests for canceling accounts may be made in writing with at least 30 days notice but not more than 60 days prior written notice and sent via: Support
Message title should read: Cancellation.
You must have all account information to cancel.
Damages
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.
Promotional Accounts
From time to time, Bag Of Nuts may have special sales, or lead-ins available to new and existing Subscribers of our web hosting Service. Please note that such offers are limited to only 1 per Subscriber, and may be revoked and cancelled at any time.
New Domain Accounts
All new web hosting accounts involving new domains will be set up and entered into our DNS servers within 3 to 5 business days. Due to unforeseen complications, however, this process may sometimes require up to 7 business days. If the new domain is registered by the account holder, there will be no handling fee. If the domain is registered by Bag Of Nuts on behalf of the account holder a handling fee of not less then £10.00 and not more then £20.00 will be incurred in addition to the domain registration costs, except where such registration is order as part of an advertised package.
Transfer of Domains
New web hosting accounts which involve the transfer of a domain from another provider to Bag Of Nuts will require a minimum of seven (7) days to be set up and entered into our DNS servers. In some cases, such transfers may take up to sixty (60) days. Due to the unpredictable nature of the transfer process, no guarantees are made regarding the amount of time a specific transfer may take. If the transfer of the domain is done by Bag Of Nuts on behalf of the account holder a handling fee will be incurred. If the Subscriber cancels Service during the transfer period for any reason, all charges are considered earned.
Support Boundaries
Bag Of Nuts, provides 365day technical support to our Subscribers (except for a few holidays). We limit our technical support to our area of expertise - web hosting. The following is our guidelines when providing support:
• Bag Of Nuts provides support related to your server or virtual site physical functioning;
• Bag Of Nuts does not offer tech support for application specific issues such as cgi programming, html or any other such issue (except for Beginner Packages);
• Bag Of Nuts does not provide technical support for YOUR Subscribers;
• If you can email, we encourage you to email support@bagofnuts.com for assistance. If you are able to get online and have other questions, the answers may be on our home page at http://www.bagofnuts.com/ - we encourage you to check there first.
• Lastly, the Help files in the program you are using may have the answer to your question so please do investigate these resources before calling or contacting tech support.
SPAM and Unsolicited Commercial Email (UCE)
Bag Of Nuts takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our Network. Very simply this means that Subscribers of Bag Of Nuts may not use or permit others to use our Network to transact in UCE. Subscribers of Bag Of Nuts may not host, or permit hosting of, sites or information that is advertised by UCE from other Networks. Violations of this policy carry severe penalties, including termination of Service.
Violation of Bag Of Nuts's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Bag Of Nuts will initiate an immediate investigation (within 48 hours of notification). During the investigation, Bag Of Nuts may restrict Subscriber access to the Network to prevent further violations. If a Subscriber is found to be in violation of our SPAM policy, Bag Of Nuts may, at its sole discretion, restrict, suspend or terminate the Subscribers's account. Further, Bag Of Nuts reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Bag Of Nuts 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;
• Subscribers who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed £175 per hour that Bag Of Nuts personnel must spend to investigate the matter.
PLEASE, DO NOT SPAM from your account.
As our Subscribers are ultimately responsible for the actions of their clients over the Bag Of Nuts Network, it is advisable that Subscribers develop a similar, or stricter, policy for their clients.
IMPORTANT NOTICE: BEGINNING IMMEDIATELY, anyone hosting web sites 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 Subscriber. Any server guilty of a second violation WILL be immediately and permanently removed from our Network without notice.
IP Address Ownership
If Bag Of Nuts assigns Subscriber an Internet Protocol address for Subscribers's use, the right to use that Internet Protocol address shall belong only to Bag Of Nuts, and the Subscriber shall have no right to use that Internet Protocol address except as permitted by Bag Of Nuts in its sole discretion in connection with the Services, during the term of this Agreement. Bag Of Nuts shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to the Subscriber by Bag Of Nuts, and Bag Of Nuts 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
Subscriber agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Subscriber on the Order Form (the "Agreed Usage"). Bag Of Nuts will monitor Subscriber's bandwidth and disk usage. Bag Of Nuts shall have the right to take corrective action if Subscriber'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 Bag Of Nuts's sole and absolute discretion. If Bag Of Nuts takes any corrective action under this section, Subscriber shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that a Subscriber exceeds the included allocation, Bag Of Nuts may, at its sole discretion, collect a deposit, in an amount determined by Bag Of Nuts, against Subscriber's credit card on file with Bag Of Nuts.
All bandwidth will be charged at a rate of £1.50/GB for normal acceptable overages. All bandwidth with be charged at a rate of £2.50/GB for violations of the TOS and AUP agreements.
Shell Access
Anyone granted shell acccess is prohibited from using the shell to undermine the system, Network or another Subscriber. We may require that you send us a copy of your drivers license in order for us to grant you shell access. We may also require a deposit of £250.00 as security in the event that any malicious act occurs within your shell space against our system, Subscribers or Network.
Please Note: Any attempt to use granted shell access to disrupt another may result in severe legal actions.
System and Network Security
Subscribers are prohibited from violating or attempting to violate the security of the Bag Of Nuts Network. Violations of system or Network security may result in civil or criminal liability. Bag Of Nuts will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Subscribers who are involved in such violations. These violations include, without limitation:
• Accessing data not intended for such Subscriber or logging into a server or account, which such Subscriber 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 Subscriber, host or Network, including, 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 Subscriber is not entitled.
Notification of Violation
Bag Of Nuts is under no duty to look at each Subscriber'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 Subscriber, which Bag Of Nuts 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 Bag Of Nuts's discretion to a temporary suspension pending a Subscriber's agreement in writing, to refrain from any further violations.
• Second Violation: Subscribers that Bag Of Nuts 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 Subscriber'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
Bag Of Nuts reserves the right to suspend Network access to any Subscriber if in the judgment of the Bag Of Nuts Network administrators the Subscriber'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 Bag Of Nuts chooses. If inappropriate activity is detected, all accounts of the Subscriber in question will be deactivated until an investigation is complete. Prior notification to the Subscriber is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The Subscriber will not be credited for the time the Subscriber's machines were suspended.
Bag Of Nuts reserves the right to amend its policies at any time. All Sub-Networks, resellers and managed servers of Bag Of Nuts 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
Bag Of Nuts wishes to emphasize that in agreeing to the Bag Of Nuts Acceptable Use Policy (AUP) and Terms of Service (TOS), Subscriber indemnifies Bag Of Nuts for any violation of the Acceptable Use Policy (AUP) and Terms of Service (TOS) that results in loss to Bag Of Nuts or the bringing of any claim against Bag Of Nuts by any third-party. This means that if Bag Of Nuts is sued because of a Subscriber's or a Subscriber of a Subscriber's activity, the Subscriber will pay any damages awarded against Bag Of Nuts, plus all costs and attorney's fees.
Miscellaneous Provisions
You must provide us with, and keep current, good contact information for you. E-mail, fax, 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 Subscribers rights under this contract at anytime without further obligation.
Bag Of Nuts takes no responsibility for any material input by others and not posted to the Bag Of Nuts Network by Bag Of Nuts. Bag Of Nuts is not responsible for the content of any other web sites linked to the Bag Of Nuts Network; links are provided as Internet navigation tools only. Bag Of Nuts 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.
Bag Of Nuts is not responsible for any damages your business may suffer. Bag Of Nuts does not make implied or written warranties for any of our Services. Bag Of Nuts 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 Bag Of Nuts.
Bag Of Nuts does not permit Subscribers to operate IRC Servers on its servers. Bag Of Nuts also does not permit the following IRC related Services to be operated on any server:
• IRC related Bots;
• IRC Bouncers;
• IRC Services;
• IRC Stats related programs;
Subscribers found hosting any such content will immediately have their web hosting account suspended or revoked.
Bag Of Nuts does NOT permit Subscribers to host Adult oriented content (ie: pornographic content) on its Servers.
Responsibility for Content
You, as Bag Of Nuts' Subscriber, are solely responsible for the content stored on and served by your Bag Of Nuts server and/or web site.