Service Agreement
We reserve the right to refuse service to any customer as we see fit.
Domain Name Reservation/Registration:
Bitserve Systems will submit your registration with InterNIC. You will have to pay Bitserve Systems' fees and InterNIC's registration fees for the registration process to be completed. Bitserve Systems will provide domain name servers to serve an IP address when someone "looks" up your domain name. Should this service be interrupted, Bitserve Systems is only responsible for damages up to the amount of fees paid to Bitserve Systems to maintain this service during this period of interruption. Bitserve Systems is not responsible for any loss of income or any other damages to you or your organization for loss of service. Bitserve Systems will make every effort to ensure that this service will be continuous until the end of this agreement. If Bitserve Systems should go out of business, it will make every attempt to transfer this service to another provider.
This agreement ends when:
a) You request for Bitserve Systems to allow another individual or organization to supply domain name service for your domain name.
OR
b) If Bitserve Systems pays you (in the form of damages) up to or more than the original amounts that you paid Bitserve Systems for this service.
OR
c) You request the termination of this agreement in writing.
OR
d) InterNIC deletes or transfers your domain name for any reason.
Email Forwarding:
Bitserve Systems will make every attempt to forward all email sent to your domain name (provided that the domain name is still covered in the above Domain Name Reservation/Registration agreement) to your current email address provided that you have paid for this service. Should this service be interrupted, Bitserve Systems is only responsible for damages up to the amount of fees paid to Bitserve Systems to maintain this service during this period of interruption. Bitserve Systems is not responsible for any loss of income or any other damages to you or your organization for loss of service. Bitserve Systems will make every effort to ensure that this service will be continuous until the end of this agreement. Please see our Usage Policy (outlined below) regarding spam. Email Forwarding for any one domain name which uses more than 5% of the system's resources may be denied service.
This agreement ends when:
a) You request for Bitserve Systems to allow another individual or organization to supply domain name service for your domain name.
OR
b) If Bitserve Systems pays you (in the form of damages) up to or more than the original amounts that you paid Bitserve Systems for this service.
OR
c) You request the termination of this agreement in writing.
OR
d) InterNIC deletes or transfers your domain name for any reason.
OR
e) You violate our Usage Policy.
URL Forwarding:
Bitserve Systems will make every attempt to forward all visitors (using a web browser) to your domain name (provided that the domain name is still covered in the above Domain Name Reservation/Registration agreement) to your current url web site address provided that you have paid for this service. Bitserve Systems will not forward your URL to web sites which contain content that violates our Usage Policy (outlined below). Should this service be interrupted, Bitserve Systems is only responsible for damages up to the amount of fees paid to Bitserve Systems to maintain this service during this period of interruption. Bitserve Systems is not responsible for any loss of income or any other damages to you or your organization for loss of service. Bitserve Systems will make every effort to ensure that this service will be continuous until the end of this agreement.URL Forwarding for any one domain name which uses more than 5% of the system's resources may be denied service.
This agreement ends when:
a) You request for Bitserve Systems to allow another individual or organization to supply domain name service for your domain name.
OR
b) If Bitserve Systems pays you (in the form of damages) up to or more than the original amounts that you paid Bitserve Systems for this service.
OR
c) You request the termination of this agreement in writing.
OR
d) InterNIC deletes or transfers your domain name for any reason.
OR
e) You violate our Usage Policy.
Web Hosting/Virtual Servers:
Bitserve systems will make every attempt to serve the web pages (to visitors with web browsers) that you have uploaded to the web space made available to you by Bitserve Systems provided that you have paid for this service. You are legally responsible for all content which appears on the web space provided to you by Bitserve Systems. You must not publish any content on this space which violates our Usage Policy (outlined below). Should this service be interrupted, Bitserve Systems is only responsible for damages up to the amount of fees paid to Bitserve Systems to maintain this service during this period of interruption. Bitserve Systems is not responsible for any loss of income or any other damages to you or your organization for loss of service. Bitserve Systems will make every effort to ensure that this service will be continuous until the end of this agreement. Any one account which uses more than 10% of the system's resources may be required to upgrade their account.
This agreement ends when:
a) You request the termination of this agreement in writing. (This request must include your username or User ID and password. Another appropriate method of authorization may be allowed. This protects your account from being canceled by an unauthorized individual, as well as providing enough information for us to identify your account.) Please include the date on which you would like your service to be canceled.
OR
b) If Bitserve Systems pays you (in the form of damages) up to or more than the current balance of unused fees that you paid Bitserve Systems for this service.
OR
c) You violate our Usage Policy.
Referral ID/Award Program:
Our referral/affiliate program is now being handled by Commision Junction. Please refer to your agrement with them. Your old Referral ID, if assigned by Bisterve will now be used as a User ID.
Usage Policy
We do not allow any of the following content to be published on our servers (we also do not allow links to this type of content from your server), and will not forward a URL to a site which contains the following content:
a) Content of a pornographic or sexually explicit nature.
b) Content of an illegal nature (including stolen copyrighted material).
c) Pirated software sites.
d) Hate sites or content that could be reasonably considered as slanderous or libellous.
e) Content which defames Bitserve Systems or any of it's subsidiary businesses.
We do not allow UCE (Unsolicited Commercial Email), also known as spam, to be sent from our email servers, issued with a "reply to" address on our servers, or that advertises a URL on our servers. UCE includes unsolicited messages sent via email, posted on messagboards/newsgroups, or otherwise electronically sent to anyone not specifically requesting the information. This includes spam that is sent from your CGI scripts, whether sent by you or not. Additionally a $75 cleanup fee will be charged to your account, should our investigations confirm that bulk spam was sent from your account.
We do not allow CGI chat scripts, java chat servers, or any other type of internet service or sockets program to be installed on our servers without prior permission.
Any attempts to gain unauthorized access, or circumvent our web server's normal service operations will not be tolerated, and will result in the termination of this service agreement and could lead to criminal prosecution.
Any attempts to disassemble, reverse engineer, acquire, redistribute, or make public any of Bitserve Systems proprietary software or information (including configuration information) will result in the termination of this service agreement, and all evidence will be archived for investigation by a legal professional.
Due to the public nature of the Internet, all material submitted by Client for publication will be considered publicly accessible. Provider does not screen in advance Client's material submitted to Provider for publication. Provider's publication of material submitted by Client does not create any express or implied approval by Provider of such material, nor does it indicate that such material complies with the terms of this Agreement.
Shell Access
Shell access can usually be granted to a user if publishing of their web site absolutely requires it because there is no other method for accomplising the same task. For security and jurisdictional reasons, shell access for accounts will only be granted according to the following terms.
a) Residents of the United States may be required to mail in a photocopy of a valid state or nationally issued photo ID.
b) Residents of countries other than the United States may be required to mail in a photocopy of a valid passport with photo ID and wait until a 90 day probationary period has expired.
c) In some cases, shell access will not be granted under any circumstances, to be determined by an agent of Bitserve Systems.
Metered Bandwidth:
Traffic will go unmetered until you reach 60 GB (120 GB for Small Office Plan) per month. Thereafter, the normal data transfer cost of $5/1GB/month will be billed to your account. If you want to pre-pay for bandwidth overages, you will be billed $4/1GB/month. You will have 7 days to pay for your overages. If you do not pay for them, your site will be disabled within 7 days of your first notice.
Legal Stuff
Term
This Agreement may be terminated by Client or Provider at any time without prior notice and without cause. If either party is in default under this Agreement (including nonpayment), then the nondefaulting party may also immediately terminate the Agreement without prior notice to the other party.
Billing and Payment
You agree that we are not obligated to release any of your property, including without limitation, information and other material stored on our computer hardware or on our network, until you have paid all amounts due us hereunder. You further agree that we, at our sole election, are granted a lien on your property in our possession and have the unrestricted right, but are not obligated, to sell such property to satisfy any amounts due us hereunder and that you will continue to be obligated to pay any balance not satisfied by such sale, if any. You also agree to obide by the provisions outlined in our "Billing Policies".
Compliance with Law
Client will use the services offered by Provider in a manner consistent with all applicable local, state and federal laws and regulations.
File Back-up
Provider is not responsible for Client's files residing on Provider's servers. Client is solely responsible for independent backup of data stored on Provider's servers.
DISCLAIMER OF WARRANTIES
PROVIDER'S SERVICE IS PROVIDED ON AN 'AS IS, AS AVAILABLE' BASIS. PROVIDER SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL PROVIDER BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL OR INCIDENTAL DAMAGES, EVEN IF PROVIDER HAS BEEN ADVISED BY CLIENT OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. IF PROVIDER'S SERVICE TO CLIENT IS DISRUPTED OR MALFUNCTIONS FOR ANY REASON, PROVIDER SHALL NOT BE RESPONSIBLE FOR LOSSES OF INCOME DUE TO DISRUPTION OF SERVICE, BEYOND THE FEES PAID BY CLIENT TO PROVIDER FOR SERVICES, DURING THE PERIOD OF DISRUPTION OF MALFUNCTION.
Limitation/Disclaimer of Liability
Provider is not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network provider or its customers may utilize.
Bitserve Systems does not guarantee the availability of the domain name that you want, even if the domain name appears to be available at the time of your registration request. As we rely on a second party to fulfill these registrations, Bitserve Systems cannot be held responsible for this process. The domain name that you register is not finalized until you receive a bill from Wild West Domains, LLC. telling you the domain name is registered.
Bitserve Systems assumes no responsibility or liability for the successful acceptance and/or registration of your proposed domain name registration.
Force Majeure
Provider does not represent or warrant to Client that Client will receive continual and uninterrupted service during the term of this Agreement. In no event shall Provider be liable to Client for any damages resulting from or related to any failure or delay of Provider to provide service under this Agreement if such delays or failures are due to strikes, riots, fire, inclement weather, acts of God, theft or vandalism or other causes beyond Provider's control, as defined by standard practices in the industry. Such failure or delay shall not constitute a default under this Agreement.
Indemnity
Client agrees to defend, indemnify and hold Provider harmless from and against any and all claims, losses, liabilities and expenses (including attorneys' fees) related to or arising out of the services provided by Provider to Client under this Agreement, including without limitation claims made by third parties (including customers of Client) related to any false advertising claims, liability claims for products or services sold by Client, claims for patent, copyright or trademark infringement, claims due to disruption or malfunction of services provided hereunder, or for any content submitted by Client for publication by Provider, but excluding those related to the negligence of Provider.
Resale of Provider's Service
If Client acts as a 'reseller' of the services provided by Provider to Client hereunder, by Client providing similar services to its customers, then all the terms of this Agreement shall provide to the resale. Without limiting the foregoing, Client's obligations under the 'Indemnity' section shall apply to any and all claims made against Client and/or Provider which arise out of the resale of Provider's services.
Governing Law/Venue
This Agreement shall be governed by the laws of the State of Michigan. Venue for any action hereunder shall be in Washtenaw County, Michigan.
Relationship of the Parties
The parties intend that an independent contractor relationship will be created by this contract, and that no partnership, joint venture or employee/employer relationship is intended.
Taxes
If any federal, state or local governmental entity with taxing authority over the services provided under this Agreement imposes a tax directly on the services provided by Provider to Client under this Agreement (excluding any income, business and occupation, capital gain, death or inheritance, or other indirect taxes), then Provider may pass the direct amount of such cost on to Client, and Client shall promptly pay such cost.
Waiver
Any party's failure to insist on compliance or enforcement of any provision of this Agreement shall not affect its validity or enforceability or constitute a waiver of future enforcement of that provision or of any other provision of this Agreement.
IP Addresses
Provider maintains control and any ownership of any and all IP numbers and addresses that may be assigned to Client and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses.
Captions
All captions and headings to the sections and subsections of this Agreement have been inserted for convenience of reference only and shall not be construed as a part hereof.
Severability
If any clause or provision of this Agreement is determined by a court of competent jurisdiction to be void, invalid, illegal or otherwise unenforceable under any present or future law effective during the term hereof, then the remainder of this Agreement shall not be affected thereby, and in lieu of such clause or provision, there shall be added as a part of this Agreement a clause or provision as similar in terms to such void, illegal, invalid or otherwise unenforceable clause or provision as may be possible and be legal, valid and enforceable. If any clause or provision of this Agreement is determined by a court of competent jurisdiction to be void, invalid, illegal or otherwise unenforceable under any present or future law effective during the term hereof, then the remainder of this Agreement shall not be affected thereby, and in lieu of such clause or provision, there shall be added as a part of this Agreement a clause or provision as similar in terms to such void, illegal, invalid or otherwise unenforceable clause or provision as may be possible and be legal, valid and enforceable.
No other warranties are expressed or implied. We reserve the right to ammend this agreement as the need arises.
Need more help?
If you need more help, please open a ticket in bitAdmin.
Although most support issues can be resolved via the ticket system, you may leave a message on our support voicemail at 734-998-1026.
If you would like to report spam, threatening, or abusive email received from one of our users, please send the email message (with complete headers) to abu se@bitserve.com.