Terms of service | BKHosting Cloud Solutions & Web Hosting
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Welcome to BKHosting Terms of Service

OVERVIEW

This Acceptable Use Policy (“AUP”) governs your use of the Services and is incorporated by reference into BKHosting Terms of Service. Unless otherwise stated, defined terms in this AUP have the same meaning as provided in the Terms of Service. BKHosting may modify this AUP at any time without notice.

The Services provided by BKHosting may only be used for lawful purposes. You agree to comply with all applicable laws, rules and regulations in connection with your use of the Services. BKHosting reserves the right to refuse service to anyone at our sole discretion. Any material or conduct that in our judgment violates this AUP in any manner may result in suspension or termination of the Services or removal of content with or without notice.

This Universal Terms of Service Agreement (this “Agreement”) is entered into by and between BKHosting.eu, a Delaware limited liability company (“BKHosting”) and you, and is made effective as of the date of your use of this website (“Site”) or the date of electronic acceptance. This Agreement sets forth the general terms and conditions of your use of the Site and the products and services purchased or accessed through this Site (individually and collectively, the “Services”). Services Agreements and additional policies apply to certain Services and are in addition to (not in lieu of) this Agreement. In the event of a conflict between the provisions of a Services Agreement and the provisions of this Agreement, the provisions of the applicable Services Agreement shall control.

The terms “we”, “us” or “our” shall refer to BKHosting. The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement, has access to your account or uses the Services. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

MODIFICATION OF AGREEMENT, SITE OR SERVICES

    • MODIFICATION OF AGREEMENT, SITE OR SERVICES BKHosting may, in its sole and absolute discretion, change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. Your use of this Site or the Services after such changes or modifications have been made shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this Site or the Services. In addition, BKHosting may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your shopper account (“Account”) information current. BKHosting assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address. In addition, BKHosting may terminate Your use of Services for any violation or breach of any of the terms of this Agreement by You. BKHosting RESERVES THE RIGHT TO MODIFY, CHANGE, OR DISCONTINUE ANY ASPECT OF THIS SITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION PRICES AND FEES FOR THE SAME, AT ANY TIME.

Failure to respond to a communication from our abuse department within the specified time period in our communication to you may result in the suspension or termination of the Services.

  • You may not directly or indirectly use the Services in connection with any of the following, as determined in BKHosting sole discretion:
    • Prohibited Use or Content You may not use the Services to publish content or engage in activity that is illegal under applicable law, that is harmful to others, or that would subject BKHosting to liability, including, without limitation, in connection with any of the following, each of which is prohibited under this AUP:
      • Disclosing sensitive personal information about others;
      • Storing personal or sensitive information, including without limitation, “Protected Health Information” as defined under the U.S. & EU Health Insurance Portability and Accountability Act (“HIPAA”);
      • Phishing or engaging in identity theft;
      • Distributing computer viruses, worms, Trojan horses or other malicious code;
      • Promoting or facilitating prostitution or sex trafficking;
      • Hosting ponzi or pyramid schemes, or websites that engage in unlawful or deceptive marketing practices;
      • Hosting, distributing or linking to child pornography (any such content will be suspended immediately without notice and reported to law enforcement or the National Center for Missing and Exploited Children) or content that is harmful to minors;
      • Distributing pornography or adult related content or offering any escort services;
      • Engaging in the unlawful distribution of controlled substances, drug contraband or prescription medications (including without limitation, promotion, marketing, or sale of prescription medications without a valid prescription);
      • Gambling or selling weapons or ammunition;
      • Promoting or facilitating violence or terrorist activities; or
      • Infringing the intellectual property or other proprietary rights of others.

Dispute Resolution

1st Domains and you will negotiate in good faith and use their reasonable efforts to settle any dispute that may arise out of or relate to this Agreement or any breach of it. If any such dispute cannot be settled amicably through ordinary negotiations, the dispute shall be referred to the representatives nominated by each party who will meet in good faith in order to try and resolve the dispute.

Excessive Use of Resources or Network Abuse

  • You may not consume excessive amounts of server or network resources or use the Services in any way which results in server performance issues or which interrupts service for other customers. Prohibited activities that contribute to excessive use, include without limitation:

    • Hosting or linking to an anonymous proxy server;
    • Operating a file sharing site;
    • Scripts or processes that adversely impact our systems; or
    • Utilizing software that interfaces with an Internet Relay Chat (IRC) network.

Unauthorized System Access

  • You may not directly or indirectly use the Services to gain access to any network or system without permission, including without limitation:

    • Accessing another network without permission, including to probe or scan for vulnerabilities or breach security or authentication measures;
    • Attacking other networks (e.g., utilizing botnets or other means to launch Denial of Service (DoS) or other attacks);
    • Intercepting or monitoring data without permission; or
    • Using any deep-link, page-scrape, robot, crawl, index, spider, offline reader, click spam, macro programs, internet agent, or other automatic device, program, algorithm or methodology, to use, access, copy, index, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor any portion of BKHosting website or servers for any unauthorized purpose.

Storage of Backups

  • Backups You may not use your hosting account as a backup solution. Our Services are designed to host your website only and may not be used as a data repository. BKHosting reserves the right to remove backups from your hosting account with or without notice. 

Zero Tolerance Spam Policy!

  • Any user account which causes or results in our IP space being blacklisted will be immediately suspended and/or terminated.
  • Forging or misrepresenting message headers is prohibited.
  • Websites advertised via spam (i.e. “Spamvertised”) may not be hosted on our servers.
  • You may not use the Services to sell contact lists or send email to any purchased lists (i.e. “Safe Lists”).
  • You may not use the Services to send spam or bulk unsolicited messages. We may terminate with or without notice the account of any user who sends spam.

Enforcement

    • Your Services may be suspended or terminated with or without notice upon any violation of this AUP. Any violations may result in the immediate suspension or termination of your account.
    • BKHosting reserves the right to disable or remove any content which is prohibited by this AUP, including to prevent harm to others or to BKHosting or the Services, as determined in BKHosting sole discretion.
    • Violations will be reported to law enforcement as determined by BKHosting in its sole discretion.
    • A failure to respond to an email from our abuse team within forty-eight (48) hours, or as otherwise specified in the communication to you, may result in the suspension or termination of your Services.
    • Websites hosted on BKHosting servers in the E.U. are generally governed by E.U. law. As a web host, BKHosting is not the publisher of user generated content and we are not in a position to investigate the veracity of individual defamation claims. Rather, we rely on the legal system and courts to determine whether or not material is defamatory. In any case in which a court of competent jurisdiction, as determined in BKHosting sole discretion, orders material to be removed, BKHosting will disable access to such material.
    • BKHosting users are responsible for using the Services in compliance with applicable laws in their jurisdiction, including without limitation, any laws relating to defamation, unsolicited emails, spamming, privacy, obscenity, and intellectual property infringement. BKHosting reserves the right to take local legal considerations into account and to respond accordingly in BKHosting sole discretion.
    • Enforcement of this AUP is at BKHosting sole discretion.
  • Reporting Violations ( Abuse ): To report a violation of BKHosting AUP, please email [email protected] . To report an infringement of intellectual property or other proprietary rights, please email [email protected].