These Terms of Servce apply to any user accessing BSD Systems' servers by any method including, but not limited to, SSH, FTP, email, or web activity.
Use of BSD Systems for illegal activities of any kind, including unauthorized use of BSD Systems' servers or network on the Internet, forging information (user accounts, passwords, user i.d.'s, etc.) or the practice of software piracy is strictly prohibited.
World Wide Web
Use of text, images, HTML code, JAVA code or sound files created by others without their permission is considered copyright infringement and is strictly prohibited. Pages containing explicit material (i.e.: pornography, etc.) are strictly prohibited.
Sending harassing or unsolicited email of any kind, whether to a newsgroup, an individual email address, or list of addresses, is strictly prohibited. Forging user information in email is prohibited. Using programs in a malicious manner on or against BSD Systems' servers, users, or through BSD Systems' resources is strictly prohibited.
Public FTP Sites
Files containing explicit material (i.e.: pornography, etc.) may not be stored on BSD Systems' FTP server. Use of BSD Systems' FTP server to transfer or distribute pirated or copyrighted software is strictly prohibited.
Terms and Conditions:
- All provisions of BSD Systems' Terms of Service apply to the User's Principal Account and Associate Accounts, if any, billed to the Principal Account.
- The benefits of, or rights conferred by, these Terms of Service are nontransferable. Use of BSD Systems accounts are expressly limited to the individual or business whose name appears on the account.
- User agrees to use the service in manner consistent with any and all applicable laws. In the event that this account is not used in accordance with all Applicable Laws including, but not limited to Local, State or Federal Laws, BSD Systems reserves the right to cooperate with all or any law enforcement agencies.
- Posting of unsolicited advertising of any kind, as well as unsolicited email that originates elsewhere but refers to any of accounts on BSD Systems' servers, will result in removal of users entire account, including, but not limited to, all email, web page files, and any other data that is stored on BSD Systems' servers.
- User is responsible for all use of User's account(s) and confidentially of password(s). BSD Systems will suspend access or change access to User's account(s) immediately upon notification by User that his/her password has been lost, stolen or otherwise compromised. BSD Systems is not liable for any usage and or charges prior to BSD Systems the necessary account alterations.
- User agrees to pay BSD Systems all charges relating to the use of User's account(s) according to rates and prices stated on said sales order at the time of commencement, INCLUDING A ONE TIME SIGNUP FEE (where applicable).
- User is responsible for charges at the time the service is used and BSD Systems may apply the amount due to User's credit card at any time.
- BSD Systems reserves the right to change prices on 60 days notice published online.
- BSD Systems reserves the right to suspend access to service for User's account(s) upon an indication of credit problems including delinquent payments or rejection of any credit card charges.
- Service is provided by BSD Systems on an "as is, as available" basis. No warranties, Expressed or implied, including, but not limited to, those of merchantability or fitness for a particular purpose, are made with respect to BSD Systems or any information or software therein. This in no way includes any reimbursement for losses of income due to disruption of service by BSD Systems or its providers.
- Neither BSD Systems nor its Information Providers are responsible for any damages arising from User's use of BSD Systems or by User's inability to use BSD Systems' service.
- BSD Systems reserves the right to change without notice the BSD Systems service, including, but not limited to, access procedures, hours of operation, menu structures, commands, documentation, vendors and services offered.
- BSD Systems is not responsible for User's personal files residing on BSD Systems' servers. User is responsible for independent backup of his or her data stored on BSD Systems.
- BSD Systems reserves the right to delete User's personal files after one or both parties violate a policy contained herein.
- BSD Systems reserves the right, in its sole discretion, to delete any information entered into BSD Systems by User. BSD Systems and its authorized representatives shall have the right, but shall not be obligated, to edit publicly viewable information.
- User hereby agrees that any material submitted for publication on BSD Systems through user's account(s) does not violate or infringe any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything obscene or libelous. Software intended to facilitate any such violations or infringements may not be stored on BSD Systems' servers.
- BSD Systems reserves the right to refuse, cancel, or terminate service to anyone at anytime for any reason.
- BSD Systems, at its sole business judgment, may terminate any account immediately or suspend User's access to the service upon any breach of a policy contained herein by a User, including, but not limited to, refusal or failure to pay for services provided or by sole judgment of BSD Systems that User may be performing activities harmful to BSD Systems or its Users, employees, vendors, business relationships or any other users of the Internet.
- This document and the rights and duties of the parties shall be governed by and interpreted according to the laws of the State of Arizona.
- BSD Systems may modify these terms and conditions upon notice published online via BSD Systems. User's use of BSD Systems' services after such notice shall constitute User's acceptance of these terms and conditions.
- Non-enforcement of any section of these policies does not constitute consent and BSD Systems reserves the right to enforce these policies at its sole discretion.
- Monthly Dues must be paid on a timely basis to maintain User's membership privileges. Monthly dues charges will continue regardless of your use unless and until you notify us in writing that you wish to cancel your membership, which you may do at any time, unless bound by a specific term or agreement.
- When paying by check, User expressly authorizes BSD Systems to debit User's checking account for the amount of a check returned unpaid by User's bank, plus up to a $25.00 returned check fee.
- The User is in default of this Contract if: 1. Any User covered by this contract fails to obey any present or future BSD Systems rule or regulation; or 2. We do not receive a monthly payment on or before its due date; or 3. Any material statement by the User in this contract is false.
- Failure to use this account(s) does not relieve the User of payment obligations.
- In the event the User violates any one of these policies, BSD Systems may suspend or revoke the User's membership privileges and the User may have to reapply for membership at the price BSD Systems is charging to new members. The User agrees to pay BSD Systems' reasonable attorney's fees and court costs, where permitted, in collecting the amount remaining in the User's contract as stated in the sales order.
- Communication systems are subject to degradation of service from phenomena such as so called "Line-Noise" interference and other causes beyond the reasonable control of BSD Systems.
- BSD Systems may assign this order, its rights here under and its ownership of said service and commitment at anytime without notice.
- Customer may not cancel orders placed in accordance with the provisions of these policies.
- In addition to any price specified herein, User shall pay the gross amount of any present or future sales, use, excise, value added or other similar taxes applicable to the price, sales or delivery of any products or services furnished here under or to their use by customer.
- BSD Systems reserves the right to terminate or change priority of any process started by User.
- BSD Systems reserves the right to collect damages (software, hardware & labor) if any harm is done to BSD Systems which requires tracking of people, repair, or reconfiguration of any kind.
- BSD Systems may offer a trial period during which the User may cancel membership without incurring any costs. It is the responsibility of the User to contact BSD Systems to cancel during the trial period and receive verification that cancellation has occurred. Failure to use the account(s) does not constitute cancellation.
- BSD Systems may offer credits to users who refer additional users who sign up for and keep BSD Systems accounts through at least one billing cycle, provided that the new users signing up mention at the time of signup the login name or accounting ID number of the user who referred them.
- BSD Systems may offer discounts to customers who qualify for educational or promotional discounts. BSD Systems may offer reduced rates to users who meet certain demographic requirements.
- Port scanning or "strobing" any of BSD Systems' server machines, client machines, or any other computer on the Internet is strictly prohibited and will result in cancellation of service and a report to be filed with the proper authorities.
- Making, storing, or using any known or unknown exploits to affect BSD Systems, or any other company or individual, is strictly prohibited and will result in cancellation of service and a report to be filed with the proper authorities.
- Any attempt to create a "Denial of Service" on BSD Systems' servers, or using BSD Systems servers to create a "Denial of' Service" on any other computer, server, router, switch, hub, printer, etc. is strictly prohibited and will result in cancellation of service, and a report to be filed with the proper authorities.
- Using services, or resources, not allocated to Customer is strictly prohibited, and will result in cancellation of service.
- BSD Systems does not accept "unfamiliarity with policy" as a valid defense.
- Copying, distributing or manipulating any imagery, sound and/or text from BSD Systems web page is considered copyright infringement and is strictly prohibited.