This Basic Matrix Terms of Service agreement describes the proper kinds of conduct and prohibited uses of Basic Matrix hosting services (the "Services"). This agreement is not exhaustive and Basic Matrix, herein referred to as BMX, reserves the right to modify this agreement at any time, effective upon posting of the modified agreement at www.basicmatrix.com. By registering for and using the Services, and thereby accepting the terms and conditions of this agreement, you agree to abide by these conditions as modified from time to time. Any violation of the Agreement may result in the suspension or termination of your account or such other action as BMX deems appropriate.
BMX has the right to discontinue service, or deny access to anyone who violates our Policies or the terms and conditions contained in this agreement at any time without warning or proper notice. No refunds will be made if account termination is due to a violation of any contract with BMX.
Server Resource Abuse
Shared server accounts are limited in use of the amount of server resources. Shared server resource abuse includes any process or service usage that affects normal shared server operation, resources or connectivity, and which causes a server to become overloaded. You can check your allowed usage amounts by logging into the control panel. Refer to our on-line support for more details. Shared server resources include CPU and memory usage, number of concurrent processes, number of concurrent port or database connections and total bandwidth. Possible causes of server resource abuse include, but are not limited to, the use of: CGI, Perl, Sendmail, MySQL, PHP, HTTP, SMTP, IMAP, POP3 and FTP. If server resource abuse is detected, possible actions include, but are not limited to: disabling of the offending script or scripts, disabling of the specific service, disabling of the entire account or account cancellation. If server overload is a result of server resource abuse, these actions will be taken without prior notice or warning.
Abuse of Server Resources
Any attempt to undermine or cause harm to a server, or customer, of BMX is strictly prohibited.
BMX strictly prohibits any use or attempted use of an Internet account or computer without the owner's authorization. Unauthorized use and/or hacking of other people's accounts or computers will not be tolerated. Such attempts include “Internet fraud”, password phising, password robbery, port scanning etc.
Any unauthorized use of accounts or computers by a BMX customer, whether or not the attacked account or computer belongs to BMX, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack.
Customers may not run IRC bots or clients on shared servers. Unacceptable uses also include, but are NOT limited to: Bulk emailing, unsolicited emailings, newsgroup spamming, pornographic content, illegal content, copyright infringement, trademark infringement, warez, cracks, software serial numbers, and/or anything else determined by BMX to be unacceptable use of BMX's services including abuse of server resources.
All hosting accounts may be terminated that include the following content or which have links to the following content:
Pornographic content of any type accessible on your site is not permitted. This includes but is not limited to any site selling, trading, or allowing free downloads of pornography. Allowing any pornographic content to be available via your server account will be considered a gross violation of this Terms of Service agreement and corrective actions will be taken to disable your account. Sites that are designed to serve primarily as a list of links to other pornographic sites are also strictly prohibited.
Abuse of Website Traffic
BMX's customers are privileged to be offered high monthly transfer limits for their web sites. Your internet traffic will be monitored and will be shown in the “overview” section of your control panel when logged in. If you exceed the bandwidth limits specified by your web package plus any pre-paid bandwidth for that month, further data transfer will be billed at a cost of $5.00/1GB/month. You may pre-pay for extra bandwidth at a rate of $1.00/1GB/month to avoid the overage charges. You must do this before the billing cycle for the month ends in order to avoid the $5.00/1GB charge.
You will have 7 days or the remainder of your billing cycle (whichever is greater) to pay for your overages. If you do not pay for your overages your site will be disabled within 7 days of your first notice. This does not apply to clients using our professional package unless the client fails to respond within 14 days of notice by BMX.
BMX will be the sole arbiter as to what constitutes a violation of this provision.
Unsolicited Email (Spam)
Unsolicited commercial advertisements (spam) are not allowed in e-mail, and will likely result in account cancellation.
BMX takes a zero-tolerance approach to spam originating from our servers or for spam advertising of domains hosted on our servers.
The following activities are not allowed:
Note: If you use the services of another provider (including but not limited to the use of address lists obtained from a third party vendor or provider) to promote a web site hosted by or through BMX (spamvertising), then the provisions of the above Policy shall apply as if the spam were sent through our servers.
Depending on the severity of your SPAMMING, BMX reserves the right to charge you between $1.00 - $100.00 PER SPAM sent through our network. Your web site content will also be confiscated and it will be NEVER returned to you.
Our policy on child pornography is zero tolerance. BMX will cooperate fully with any criminal investigation into a Customer's violation of the Child Protection Act of 1984 concerning child pornography. Customers are ultimately responsible for the actions of their clients over the BMX network, and will be liable for illegal material posted by their clients.
According to the Child Protection Act, child pornography includes photographs, films, video or any other type of visual presentation that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years or any written material or visual representation that advocates or counsels sexual activity with a person under the age of eighteen years.
Violations of the Child Protection Act may be reported to the U.S. Customs Agency at 1-800-BEALERT
We do not allow clients to install their own chat rooms within a shared hosting account, without approving it with the BMX Support Team. Most chat rooms tend to be large system hogs and we cannot allow it as an account option. However, we do provide a choice of Java chat rooms for a small extra charge that will more than fill your needs and run without hindering the performance of the machine for others. Note: Parachat chat rooms do not apply to this rule. They are perfectly fine to install.
Abuse of SMTP Mail Server
We do not allow clients to send more than 2000 pieces of e-mail per day from a shared hosting account. If you do send more than 2000 pieces of e-mail per day, your email abilities will be disabled. If you are sending legitimate e-mails and they total more than 2000 per day, BMX will offer an agreement involving a reasonable monthly fee to cover the costs of running a mail server with such high-volume emails. Without such an agreement, future violations of the 2000 email a day limit will be considered abuse of the SMTP server and will be handled as described in the Abuse of Resources section of this document.
Background Running Programs
If you have been approved for a shell account, we may allow programs to run continually in the background. These are considered on a one-to-one basis and an extra charge may be incurred based on system resources used and operational maintenance needed.
Current Contact Information
Current customers must provide BMX with, and keep current and up to date, good contact information including full address, email, phone, and fax numbers. BMX uses contact information to reach customers during network emergencies, server downtime, maintenance windows and in case there are billing issues with your account. Failure to keep contact information up to date could lead to an inability for BMX to contact the customer. A lack of response from the customer in certain contexts as described in this document could result in temporary or eventually permanent account suspension.
You will not exceed the bandwidth, storage and E-mail usage limits outlined by your particular web hosting package. If you use any bandwidth or storage space in excess of the agreed upon number of megabytes per month or if you exceed any E-Mail storage or attachment size limitations, BMX may, in its sole discretion, assess you with additional charges. If BMX elects to take any corrective action, BMX will not refund any unused pre-paid fees. Your use of your account and access to it is your responsibility. You are responsible for any unauthorized access to your account resulting in bandwidth, storage and/or E-mail usage exceeding the limits outlined in your particular web hosting package specifications and resultant charges within reason. Bandwidth overages are currently billed at $5.00/GB/month. Disk space overages are currently billed at $0.10/MB/month.
Any setup fees charged for all new accounts are non-refundable unless otherwise specifically stated by BMX. All pricing is guaranteed for the term of pre-payment. BMX reserves the right to change prices at any time, unless other terms have been agreed upon. Credit card accounts are subject to login deactivation upon the card declining for charges within 48 hours of email notification. Any account not brought current within a week (7 days) of e-mail notice or exceeding this time frame in any way is subject to complete account deactivation. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies BMX by email at firstname.lastname@example.org to request for termination of services. All payment is in U.S. currency.
BMX will bill each client $25.00 per returned check, per wire transfer received and per credit card chargeback received. BMX accounts can be setup for monthly, semi-annual, or annual billing cycles. Your particular billing cycle corresponds to the contract length that was initially chosen at setup. Your account will automatically renew at this length. There is no fee to change to a shorter billing cycle at the end of the current cycle. However, if you wish to change to a shorter billing cycle, during a current cycle, there will be a $35.00 fee. Please contact the billing department at email@example.com should you wish to change your anniversary billing cycle.
Any account that is not brought current prior to deactivation will be charged a $15.00 late charge. If the account debt remains unpaid longer than 7 days after notification, BMX may impose a debt service charge equal to 10% of the total amount owed for each month. All taxes, fees and governmental charges relating to the Services provided hereunder (other than income taxes of BMX) shall be paid by Customer.
BMX accepts paper checks, credit cards, money orders, cashiers checks and cash from customers for payment of web hosting services and fees associated with your account.
BMX reserves the right to cancel service at any time. All fees paid in advance of cancellation will be pro-rated and paid by BMX if BMX institutes its right of cancellation. Any violation of policies which results in extra costs will be billed to the customer (i.e. transfer, space etc.)
All of BMX's pre-paid web hosting plans are backed by a 30 day money back guarantee. If you are not completely satisfied with our services or support within the first 30 days of your contract, you will be given a full refund of the contract amount excluding any setup fees, domain registration fees, add-on/upgrade fees and overages. Setup fees are refundable only if the account order is canceled prior to account activation. For monthly web hosting contracts, a pro-rated refund amount less any setup fees and overages will be refunded if BMX is notified before the end of the billing cycle. For pre-paid packages, no refund is available after the 30th day. This policy does not apply to any additional services such as overages or additional charges incurred by abuse. Due to security concerns, all account cancellations must be done following the steps outlined at http://www.basicmatrix.com/policy/. Cancellations via email requests will not constitute acceptance of any cancellation. Refunds will be issued back to your credit card or mailed by check within 30 days of receipt of cancellation. To receive your refund, you must terminate this Agreement in the manner described in above and cease using the Services. No cancellations are processed on holidays or weekends.
Once a cancellation notice has been received, you will be contacted via email regarding any restrictions or final obligations owed on your contract.
Liability and Obligations on Cancellation
If the Agreement expires or is cancelled for any reason, BMX is not liable to you because of the expiration or cancellation for compensation, reimbursement or damages on account of the loss of prospective profits, anticipated sales, goodwill or on account of expenditures, investments, leases or commitments in connection with your business, or for any other reason whatsoever flowing from the termination or expiration. If you terminate this Agreement, BMX will not relieve you of any obligations to pay fees and costs accrued before the termination date or any other amounts you owe to BMX under this Agreement.
Intellectual Property Rights
Material accessible to you through BMX's services may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use BMX or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the BMX network. If you use a domain name in connection with BMX or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.
Customers may not use the BMX network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to:
Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to:
BMX 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. Users who violate system or network security may incur criminal or civil liability. You are solely responsible for any security breaches affecting servers or accounts under your control.
Shared Hosting 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.
Customers who violate systems or network security may incur criminal or civil liability. BMX 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.
You will be solely responsible for the operation and maintenance of your online store and products and all contents and materials appearing online or on your products, including without limitation (a) the accuracy and appropriateness of content and materials appearing within the store or related to your products, (b) ensuring that the content and materials appearing within the store or related to your products do not violate or infringe upon the rights of any third party, and (c) ensuring that the content and materials appearing within the store or related to your products are not libelous or otherwise illegal. You will also be solely responsible for accepting, processing, and filling any customer orders, and for handling any customer inquiries or complaints arising there from.
You are also responsible for the security of any customer credit card numbers and related customer information you may access as a result of conducting electronic commerce transactions through your Web Site. You will keep all such information confidential and will use the same degree of care and security as you use with your confidential information.
Static/Dynamic Content Caching
You expressly (i) grant to BMX a license to cache the entirety of your Web Site, including content supplied by third parties, hosted by BMX under this Agreement and (ii) agree that such caching is not an infringement of any of your intellectual property rights or any third party's intellectual property rights.
IP Address Ownership
BMX shall maintain and control ownership of all IP numbers and addresses that may be assigned to you by BMX and BMX reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.
Domain Name Registration
Customer agrees to pay BMX prior to the effectiveness of the desired domain name registration, the then-current amounts set forth in the BMX price schedule for the initial registration of the domain name and, should Customer choose to renew the registration, subsequent renewals of the registration. All fees are non-refundable, in whole or in part, even if Customer's domain name registration is suspended, cancelled or transferred prior to the end of Customer's then current registration term. BMX reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. Customer's requested domain name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed Customer's registration in an email from BMX to the email address indicated in Customer's registration application.
In the event of a charge-back by a credit card company (or similar action by another payment provider allowed by BMX) in connection with the payments of the registration fee for Customer's domain name registration, Customer agrees and acknowledges that the domain name registration shall be transferred to BMX as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. BMX will reinstate Customer's domain name registration solely at BMX's discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee.
DIGITAL MILLENNIUM COPYRIGHT ACT
Notice and Procedure for Making Claims of Copyright Infringement
Pursuant to Title 17, United States Code, Section 512(c)(2), all notifications of claimed copyright infringement on the BMX system or Web site should be sent ONLY to our Designated Agent.
NOTE: THE FOLLOWING INFORMATION IS PROVIDED SOLELY FOR NOTIFYING BMX THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED.
WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (e.g. REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OF E-MAIL ABUSE, etc.) TO THE CONTACT LISTED BELOW. YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THAT CONTACT.
Written notification must be submitted to the following Designated Agent:
Basic Matrix LLC
Under Title 17, United States Code, Section 512(c)(3)(A), the Notification of Claimed Infringement must include the following:
BMX reserves the right to refuse service to anyone. Customers may only use BMX servers for lawful purposes. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. The designation of any materials as such described above is left entirely to the discretion of BMX management. Regardless of the place of signing this agreement, the client agrees that for purposes of venue and jurisdiction this contract was entered into and performed in Tarrant County, Texas, and any dispute will be litigated or arbitrated in Tarrant County, Texas. Customer further waives all objections to venue or jurisdiction and acknowledges that venue and jurisdiction in any such litigation will be held in Tarrant County Courts. IN NO EVENT SHALL Basic Matrix LLC'S MAXIMUM LIABILITY EXCEED FIVE HUNDRED ($500.00) DOLLARS FOR ANY REASON.
CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD BMX HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST BMX, ITS AGENTS, ITS CUSTOMERS, OFFICERS AND EMPLO YEES, THAT MAY ARISE OR RESULT FROM ANY SERVICE PROVIDED OR PERFORMED OR AGREED TO BE PERFORMED OR ANY PRODUCT SOLD BY CUSTOMER, IT'S AGENTS, EMPLOYEES OR ASSIGNS. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS BMX AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH BMX'S SERVER; (2) ANY MATERIAL SUPPLIED BY CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY; ( 3) COPYRIGHT INFRINGEMENT AND (4) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM BMX'S SERVER.
BMX WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. BMX MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. BMX DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY BMX AND ITS EMPLOYEES. BMX RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME.
CUSTOMER SHALL NOT TRANSFER OR ASSIGN THIS AGREEMENT WITHOUT THE PRIOR WRITTEN CONSENT OF BMX. HOWEVER, BMX MAY ASSIGN THE CUSTOMER'S CONTRACT, IN PART OR IN WHOLE, AT ANYTIME WITHOUT CONSENT FROM OR NOTICE TO THE CUSTOMER. BMX RESERVES RIGHT TO CANCEL CUSTOMERS RIGHTS UNDER THIS CONTRACT AT ANYTIME WITHOUT FURTHER OBLIGATION.
FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT DEACTIVATION.
BMX RESERVES THE RIGHT TO REVISE, AMEND, OR MODIFY THIS AUP/TOS AND ALL OF OUR OTHER POLICIES AND AGREEMENTS AT ANY TIME AND IN ANY MANNER. NOTICE OF ANY REVISION, AMENDMENT, OR MODIFICATION WILL BE DEEMED WHEN THE NEW INFORMATION IS POSTED WITHIN THIS DOCUMENT OR ANY OTHER ONLINE AGREEMENTS. CUSTOMERS WILL NOT NECCESSARILY BE NOTIFIED IN WRITING OF THESE CHANGES. PLEASE CHECK THIS AND ALL OTHER BMX AGREEMENTS AND DOCUMENTS FREQUENTLY FOR CHANGES.