The use of services from BerkshireHosting.com,WBHS
Group, WMI Hosting & Domains[hereafter
referred to as "Berkshire Hosting"]
constitutes agreement to these terms.
You may view our Privacy Policy
here.
1.) Account Setup / Email on file
We will setup your account after
we have received payment and we
and/or our payment partner(s) have
screened the order(s) incase of
fraud. It is your responsibility
to provide us with an email address
which is not @ the domain(s) you
are signing up under. If there is
ever an abuse issue or we need to
contact you, the primary email address
on file will be used for this purpose.
It is your responsibility to ensure
the email address on file is current
or up to date at all times. Providing
false contact information of any
kind may result in the termination
of your account. In dedicated server
purchases or high risk transactions,
it will be necessary to provide
government issued identification
and possibly a scan of the credit
card used for the purchase. If you
fail to meet these requirements,
the order may be considered fraudulent
in nature and be denied.
Transfers
Our transfers team will make every
effort to help you move your site
to us. However, transfers are provided
as a courtesy service, and we can
not make guarantees regarding the
availability, possibility, or time
required to complete an account
transfer. Each hosting company is
configured differently, and some
hosting platforms save data in an
incompatible or proprietary format,
which may make it extremely difficult
if not impossible to migrate some
or all account data. We will try
our best, but in some cases we may
be unable to assist you in a transfer
of data from an old host.
The free transfer services are
available for 30 days from your
signup date. Transfers outside of
the 30 day free period will incur
a charge; please contact a member
of the transfers department with
specific details to receive a price
quote.
2.) Content
All services provided by Berkshire
Hosting may only be used for lawful
purposes. The laws of the State
of Florida, the State of Texas,
The State Of Massachusetts and the
United States of America apply.
The customer agrees to indemnify
and hold harmless Berkshire Hosting from
any claims resulting from the use
of our services.
Use of our services to infringe
upon any copyright or trademark
is prohibited. This includes but
is not limited to unauthorized copying
of music, books, photographs, or
any other copyrighted work. The
offer of sale of any counterfeit
merchandise of a trademark holder
will result in the immediate termination
of your account. If you believe
that your copyright or trademark
is being infringed upon, please
email abuse@BerkshireHosting.com with the
information required. A list of
required information may be found
here. If the request is of a licensing
issue, we may require further documentation.
Examples of unacceptable material
on all hosting accounts include:
IRC Bots, Proxy Scripts / Anonymizers,
Pirated Software / Warez, image,
filedump, mirror, or banner-ad services
(similar to rapidshare, photobucket,
or commercial banner ad rotation),
affiliate servers, topsites, commercial
audio streaming (more than one or
two streams), Escrow, High-Yield
Interest Programs (HYIP) or related
sites, Investment sites (FOREX,
egold exchange), sale of any controlled
substance without prior proof of
appropriate permit(s), AutoSurf
sites, Bank Debentures, Bank Debenture
Trading Programs, Prime Banks Programs,
lottery sites, muds / rpg's, hate
sites, hacker focused sites/archives/programs,
or sites promoting illegal activities,
IP Scanners, Brute Force Programs,
Mail Bombers and Spam Scripts. Forums
and or websites that distribute
or link to warez content are prohibited.
Using a shared account as a backup/storage
device is not permitted, with the
exception of one cPanel backup of
the same account.
Berkshire Hosting services, including
all related equipment, networks
and network devices are provided
only for authorized customer use.
Berkshire Hosting systems may be
monitored for all lawful purposes,
including to ensure that use is
authorized, for management of the
system, to facilitate protection
against unauthorized access, and
to verify security procedures, survivability
and operational security. During
monitoring, information may be examined,
recorded, copied and used for authorized
purposes. Use of Berkshire Hosting
system(s) constitutes consent to
monitoring for these purposes.
We reserve the right to refuse
service to anyone. Any material
that, in our judgment, is obscene,
threatening, illegal, or violates
our terms of service in any manner
may be removed from our servers
(or otherwise disabled), with or
without notice.
Failure to respond to email from
our abuse department within 48 hours
may result in the suspension or
termination of your services. All
abuse issues must be dealt with
via troubleticket/email and will
have a response within 48 hours.
If in doubt regarding the acceptability
of your site or service, please
contact us
here and we will be happy to
assist you.
Potential harm to minors is strictly
forbidden, including but not limited
to child pornography or content
perceived to be child pornography
(Lolita):
Any site found to host child pornography
or linking to child pornography
will be suspended immediately without
notice.
Direct customers: Your services
will be terminated with or without
notice.
Violations will be reported to
the appropriate law enforcement
agency.
It is your responsibility to ensure
that scripts/programs installed
under your account are secure and
permissions of directories are set
properly, regardless of installation
method. When at all possible, set
permissions on most directories
to 755 or as restrictive as possible.
Users are ultimately responsible
for all actions taken under their
account. This includes the compromise
of credentials such as username
and password. It is required that
you use a secure password. If a
weak password is used, your account
may be suspended until you agree
to use a more secure password. Audits
may be done to prevent weak passwords
from being used. If an audit is
performed, and your password is
found to be weak, we will notify
you and allow time for you to change/update
your password.
Click Here to generate passwords.
3.) Zero Tolerance Spam Policy
We take a zero tolerance stance
against sending of unsolicited e-mail,
bulk emailing, and spam. "Safe
lists" and "double opt-in"
will be treated as spam. Any user
who sends out spam will have their
account terminated with or without
notice.
Sites advertised via SPAM (Spamvertised)
may not be hosted on our servers.
This provision includes, but is
not limited to SPAM sent via fax,
email, instant messaging, or usenet/newsgroups.
No organization or entity listed
in the ROKSO may be hosted on our
servers. Any account which results
in our IP space being blacklisted
will be immediately suspended and/or
terminated.
Berkshire Hosting reserves the right to
require changes or disable as necessary
any web site, account, database,
or other component that does not
comply with its established policies,
or to make any such modifications
in an emergency at its sole discretion.
Berkshire Hosting reserves the right to
charge the holder of the account
used to send any unsolicited e-mail
a clean up fee. This cost of the
clean up fee is entirely at the
discretion of Berkshire Hosting.
4.) Payment Information
You agree to supply appropriate
payment for the services received
from Berkshire Hosting, in advance of the
time period during which such services
are provided. You agree that until
and unless you notify Berkshire Hosting
of your desire to cancel any or
all services received, those services
will be billed on a recurring basis.
Cancellations must be done in writing
via the cancellation form provided.
Once we receive your cancellation
and have confirmed all necessary
information with you via e-mail,
we will inform you in writing (typically
email) that your account has been
canceled. Your cancellation confirmation
will contain a ticket/tracking number
in the subject for your reference,
and for verification purposes. You
should receive an email "Your
request has been received..."
email with a tracking number. An
employee will confirm your request
(and process your cancellation)
shortly thereafter. If you do not
hear back from us,within 48 hours
after submitting your cancellation,
please contact us again. We require
that cancellations of service are
done through the online form to
(a) confirm your identity, (b) confirm
in writing you are prepared for
all files/emails to be removed,
and (c) document the request. This
process reduces the likelihood of
mistakes, fraudulent/malicious requests,
and ensures you are aware that the
files, emails, and account may be
removed immediately after a cancellation
request is processed.
As a client of Berkshire Hosting,
it is your responsibility to ensure
that your payment information is
up to date, and that all invoices
are paid on time. Berkshire Hosting
payments are all done through our
paypal system unless other arangements
have been made.A $10 late fee and/or
an account suspension until account
balance has been paid in full.
Berkshire Hosting reserves the
right to change the monthly payment
amount and any other charges at
anytime.
5.) Backups and Data Loss
Your use of the service is at your
sole risk. Berkshire Hosting is not responsible
for files and/or data residing on
your account. You agree to take
full responsibility for files and
data transferred and to maintain
all appropriate backup of files
and data stored on Berkshire Hosting servers.
6.) Cancellations and Refunds
Berkshire Hosting reserves the right to
cancel the account at any time with
or without notice.
Any abuse of our staff in any medium
or format will result in the suspension
or termination of your services.
Customers may cancel at any time
via a cancellation form. Berkshire
Hosting gives you an unconditional
30 day money back guarantee on all
hosting accounts for any customer
who paid the first invoice through
Paypal.
The following methods of payments
are non-refundable, and refunds
will be posted as credit to the
hosting account:
Checks
Money orders
There are no refunds on custome
designs, administrative fees, install
fees for custom software, or domain
name purchases. Refund requests
for shared and reseller accounts
after the initial 45 days will be
refunded on a prorated basis of
any unused time.
Only first-time accounts are eligible
for a refund. For example, if you've
had an account with us before, canceled
and signed up again, you will not
be eligible for a refund or if you
have opened a second account with
us.
Violations of the Terms of Service
will waive the refund policy.
7a.) Resource Usage
User may not:
a) Use 25% or more of system resources
for longer then 90 seconds. There
are numerous activities that could
cause such problems; these include:
CGI scripts, FTP, PHP, HTTP, etc.
b) Run stand-alone, unattended server-side
processes at any point in time on
the server. This includes any and
all daemons, such as IRCD.
c) Run any type of web spider or
indexer (including Google Cash /
AdSpy) on shared servers.
d) Run any software that interfaces
with an IRC (Internet Relay Chat)
network.
e) Run any bit torrent application,
tracker, or client. You may link
to legal torrents off-site, but
may not host or store them on our
shared servers.
f) Participate in any file-sharing/peer-to-peer
activities
g) Run any gaming servers such as
counter-strike, half-life, battlefield1942,
etc
h) Run cron entries with intervals
of less than 15 minutes
When using PHP include functions
for including a local file, include
the local file rather than the URL.
Instead of include("http://yourdomain.com/include.php")
use include("include.php")
7b.) INODES
The use of more than 50,000 inodes
on any shared account may potentially
result in suspension. Accounts found
to be exceeding the 50,000 inode
limit will automatically be removed
from our backup system to avoid
overusage. Every file (a webpage,
image file, email, etc) on your
account uses up 1 inode.
Sites that slightly exceed our
inode limits are unlikely to be
suspended; however, accounts that
constantly create and delete large
numbers of files on a regular basis,
have hundreds of thousands of files,
or cause file system damage may
be flagged for review and/or suspension.
The primary cause of excessive inodes
seems to be due to users leaving
their catchall address enabled,
but never checking their primary
account mailbox. Over time, tens
of thousands of messages (or more)
build up, eventually pushing the
account past our inode limit. To
disable your default mailbox, login
to cPanel and choose "Mail",
then "Default Address",
"Set Default Address",
and then type in: :fail: No such
user here
8.) Bandwidth Usage
You are allocated a monthly bandwidth
allowance. This allowance varies
depending on the hosting package
you purchase. Should your account
pass the allocated amount we reserve
the right to suspend the account
until the start of the next allocation,
suspend the account until more bandwidth
is purchased at an additional fee,
suspend the account until you upgrade
to a higher level of package, terminate
the account and/or charge you an
additional fee for the overages.Unless
on our unlimited account policy.
Unused transfer in one month cannot
be carried over to the next month.
Each of Berkshire Hosting's managed
hosting accounts carry a 30 day
unconditional money back guarantee
on them. If you are not completely
satisfied with our services within
the first 30 days of your service,
you will be given a full refund
of the contract amount. Remember,
this does not apply to dedicated
servers, custom packages, administrative
fees, install fees for custom software,
or domain name purchases.
9b.) Uptime Guarantee
If your hosting account has a physical
downtime that is not within the
99.9% uptime you may receive one
month of credit on your account.
Approval of the credit is at the
discretion of Berkshire Hosting
dependant upon justification provided.
Third party monitoring service reports
may not be used for justification
due to a variety of factors including
the monitor's network capacity/transit
availability. The uptime of the
server is defined as the reported
uptime from the operating system
and the Apache Web Server which
may differ from the uptime reported
by other individual services. To
request a credit, please contact
us here
with justification. All requests
must be made in writing via email.
10.) Reseller: We have reseller
acocunts available Please contact
us here
for more info. Client Responsibility
Resellers are responsible for supporting
their clients. Berkshire Hosting does not
provide support to our Reseller's
Clients. If a reseller's client
contacts us, we reserve the right
to place the client account on hold
until the reseller can assume their
responsibility for their client.
All support requests must be made
by the reseller on their clients'
behalf for security purposes. Resellers
are also responsible for all content
stored or transmitted under their
reseller account and the actions
of their clients'. Berkshire Hosting will
hold any reseller responsible for
any of their clients actions that
violate the law or the terms of
service.
11.) Shared (non-reseller accounts)
/ Semidedicated Servers
Shared accounts may not resell web
hosting to other people, if you
wish to resell hosting you must
use a reseller account. You must
maintain your own backups.
12.)
Berkshire Hosting reserves the right
to reset the password on any hosting
account iif the password on file
is not current so that we may do
security audits as required by our
datacenter. It is the responsibility
of the client to ensure that there
is a valid email address and current
root password on file for their
server on file to prevent downtime
from forced password resets. Berkshire
Hosting reserves the right to audit
servers as needed and to perform
administrative actions at the request
of our datacenter. It is your responsibility
to maintain backups.
13.) Price Change
The amount you pay for hosting will
never increase from the date of
purchase. We reserve the right to
change prices listed on BerkshireHosting.com,
and the right to increase the amount
of resources given to plans at any
time.
14a.) Indemnification
Customer agrees that it shall defend,
indemnify, save and hold Berkshire Hosting
harmless from any and all demands,
liabilities, losses, costs and claims,
including reasonable attorney's
fees asserted against Berkshire Hosting,
its agents, its customers, officers
and employees, that may arise or
result from any service provided
or performed or agreed to be performed
or any product sold by customer,
its agents, employees or assigns.
Customer agrees to defend, indemnify
and hold harmless Berkshire Hosting against
liabilities arising out of; (1)
any injury to person or property
caused by any products sold or otherwise
distributed in connection with Berkshire Hosting;
(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 customers from Berkshire Hosting's server.
14b.) Arbitration
By using any Berkshire Hosting services,
you agree to submit to binding arbitration.
If any disputes or claims arise
against Berkshire Hosting or its subsidiaries,
such disputes will be handled by
an arbitrator of Berkshire Hosting's choice.
An arbitrator from the American
Arbitration Association or the National
Arbitration Forum will be selected
in the state of Texas. Arbitrators
shall be attorneys or retired judges
and shall be selected pursuant to
the applicable rules. All decisions
rendered by the arbitrator will
be binding and final. The arbitrator's
award is final and binding on all
parties. The Federal Arbitration
Act, and not any state arbitration
law, governs all arbitration under
this Arbitration Clause. You are
also responsible for any and all
costs related to such arbitration.
15.) Disclaimer
Berkshire Hosting shall not be responsible
for any damages your business may
suffer. Berkshire Hosting makes no warranties
of any kind, expressed or implied
for services we provide. Berkshire Hosting
disclaims any warranty or merchantability
or fitness for a particular purpose.
This includes loss of data resulting
from delays, no deliveries, wrong
delivery, and any and all service
interruptions caused by Berkshire Hosting
and its employees.
16.) Disclosure to law enforcement
Berkshire Hosting may disclose any subscriber
information to law enforcement agencies
without further consent or notification
to the subscriber upon lawful request
from such agencies.
We will cooperate fully with law
enforcement agencies.
17.) Changes to the TOS
Berkshire Hosting reserves the right to
revise its policies at any time
without notice.
