Terms of Service
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.
General Information
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.
Email
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.
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