Barreras IT WorkBench Terms and Conditions
Terms or Service | Customer Agreement | Refund Policy
Barreras IT Workbench, which is referred to as BITBENCH in this document agrees to furnish web hosting and design services, software, scripts among other services to the Customer, subject to the following Customer Agreement (Terms of Service). Please be sure to read this document in full before becoming a BITBENCH Client. The provisions of the Customer Agreement may be changed, at the sole discretion of BITBENCH, at any time and without previous notice to the Customer. Each Customer understands that changes by BITBENCH shall not be grounds for early contract termination or non-payment.
At BITBENCH, we value our customers and provide them with a positive experience. To offer you the best possible service, all customers need to follow the same rules and guidelines. These policies are intended to make BITBENCH service available to all our customers as consistent and efficient as possible.
All services may be used for lawful purposes only. Through BITBENCH’s service, you may have access to networks, bulletin boards, web pages, email, or other services that enable you to send or post materials ("content") and make that content available to others. You must not submit, publish, or display on the network any defamatory, inaccurate, abusive, obscene, infringing, or threatening content. In addition, you may not submit, publish, or display any content that violates any US Federal, State, or Local Law. You are solely responsible for the content you make accessible through the BITBENCH’s services. You may not use the service to assist any other person or entity to violate any Federal, State, or Local Laws, Ordinances, or Regulations.
BITBENCH is not obligated to monitor the network to examine available content. You hereby acknowledge that if we are made aware of content that is determined to be, in its sole discretion, unacceptable, undesirable, offensive, indecent, obscene, excessively violent, or otherwise objectionable, BITBENCH has the right, but not the obligation, to edit, remove, cancel service, or deny access to such content. BITBENCH may disclose any content or records concerning a customer's account as required satisfying any Law, Regulation, Governmental Request, or Court Order.
Pornography and sex-related merchandising are prohibited on all BITBENCH’s hosting servers. This includes sites that may infer sexual content, display nudity, or link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to BITBENCH servers or any other server on the Internet. Links to such materials are also prohibited. In addition, any site selling or promoting bulk email service is not allowed. Below are some examples of non-acceptable content or links: Adult Sites - Any erotic or pornographic material, links to adult sites, or advertisements for adult sites. Pirated Software - Any software that is copyrighted and not freely available for distribution without cost: i.e. ROMs, ROM Emulators, and MPEG Layer 3 files (MP3s). Copyright Violations - Violation of copyrights held by individuals and corporations or other entities can result in civil and criminal liability for the infringer. Hacking/Phreaking - Includes sites with material, links, or resources for hacking, phreaking, viruses, anarchy, or any type of site that promotes or participates in willful harm to Internet sites or providers, sites that are Spoofing, sites that are negative or promote violence against the USA, Political Sites that support any type of treason, acts of war and negative views towards the United States. BITBENCH will not host any type of Political sites. Site that promote or take part in illegal activity, sites that uses SPAM Mail. Any Violation of the before mentioned BITBENCH reserves the right to cancel the service without notice and refund. If a Customer’s site violates any Federal, State, or Local Laws, Ordinances, or Regulations, the Customer’s information will be turned over to the proper agency.
Customers may not use the BITBENCH’s network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's Security Policy. Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. BITBENCHE’s Hosting providers 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.
CGI Scripts and Server Resources
Customers are free to use any CGI-Scripts provided with their account or add any additional ones they require. Any CGI-Scripts deemed to be adversely affecting the server performance or the network integrity may be shut down without prior notice. CGI-Script sharing with domains not hosted by BITBENCH hosting providers is not allowed. Any website that uses a high amount of server resources (such as, but not limited to CPU time, memory usage, and network resources) will be given an option of either upgrading their service level or reducing the resource used to an acceptable level. Background Daemons in general are prohibited. BITBENCH will consider requests on a per application basis. If allowed, extra charges will be assessed based on resource requirements for system maintenance. BITBENCH prohibits its customers from operating IRC or IRC Bots on any of the servers in the BITBENCH Network.
Backups / Restores
As a courtesy, BITBENCH provides a backup service on all type hosting accounts. You can request our administrators to run an out of schedule backup of your site or any files for a one-time charge. Although BITBENCH tries to ensure these backups are complete and accurate, we cannot guarantee data integrity. It is possible that a site and/or file may not be able to be restored without our knowledge. BITBENCH recommends that the customer periodically and frequently backup their site to their local computer. On most accounts there is a backup manager that can assist you in this process. A backup may not be included with a dedicated server type plan.
Commercial Advertising/Mass Mailings
You must not use the BITBENCH network, BITBENCH equipment, or any BITBENCH email address in connection with the transmission of spam, flames, mail bombs, or substantially similar, unsolicited email messages. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. This prohibition extends to the sending of unsolicited mass mailings from another service that in any way implicates the use of the BITBENCH network, BITBENCH equipment or any BITBENCH email address. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one's email address accessible to the public will not constitute a request or invitation to receive messages. If you are found to have spammed, without warning, BITBENCH reserves the right to disable your domain. In addition, BITBENCH may impose a $100 penalty for each spam policy violation. BITBENCH solely reserves the right to refuse or cancel service to known spammers. Lastly, BITBENCH reserves the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund.
Distribution and/or Transmission of Obscene, Indecent Speech or Materials
Violation of Indecency and Obscenity Laws can result in criminal penalties.
Intellectual Property Rights
Material accessible to you through BITBENCH’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 the BITBENCH service 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 BITBENCH network. If you use a domain name in connection with the BITBENCH service or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.
Defamatory speech distributed over the Internet can result in civil liability for the defamer.
Refusal of Service
BITBENCH reserves the right at its sole discretion to refuse or cancel service. Violation of any of BITBENCH’s rules and regulations could result in a warning, suspension, or possible account termination. Accounts terminated due to policy violations will not be refunded.
Customer agrees that it will protect, indemnify, save, and hold BITBENCH harmless from any and all stipulations, liabilities, losses, expenses, and claims, as well as reasonable attorney's fees assessed against BITBENCH’s, its agents, customers, officers, employees, and administration that may arise or result from any service provided or performed or agreed to be performed or any product sold by its customers, agents, employees, or assigns. Customer agrees to defend, indemnify and hold BITBENCH harmless against liabilities arising out of: (1) any injury to person or property caused by any products sold or distributed in association with BITBENCH’s services; (2) any material furnished by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright violation and any defective products sold to a customer from BITBENCH’s services.
BITBENCH will not be responsible for any damages your business may suffer. BITBENCH makes no warranties of any kind, expressed or implied, for services we provide. BITBENCH 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 BITBENCH and its employees. BITBENCH reserves the right to amend or update these policies without notice. Failure to follow any terms and conditions may result in account deactivation.
BITBENCH furthermore expects that its customers who provide Internet services to others will fully comply with all applicable laws concerning the privacy of online communications. A customer's failure to comply with those laws will violate this policy. Finally, BITBENCH wishes to emphasize that in accepting services, customers indemnify BITBENCH for the violation of any law or BITBENCH policy that results in loss to BITBENCH or the bringing of any claim against BITBENCH. This means that if BITBENCH is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against BITBENCH, plus costs and reasonable attorneys' fees.
Network Uptime Guarantee
BITBENCH’S Hosting provider servers connect to the Internet through redundant high-speed connections on diverse backbones, ensuring data delivery to the end user in the fastest, most efficient manner possible. BITBENCH guarantees a 99.9% uptime excluding scheduled maintenance of 30 minutes per month with no prior notification.
BITBENCH Hosting provider’s guarantees the functioning of all server type leased hardware components and will replace any failed component at no cost to the customer. Hardware repair/replacement will begin immediately upon identification of the hardware failure and is guaranteed to be complete within 2 hours of problem identification. Hardware is defined as the Processor(s), RAM, hard disk(s), motherboard, NIC card, and other related hardware included under the server lease. The time required to repair/replace hardware does not include software reinstallation and/or data recovery from backup tapes/disks (time frame depends on size of disk).
Refunds can be requested within 48 hours of purchase for monthly hosting subscriptions. Refunds can be requested within the first 30 days of purchase for annual hosting subscriptions or higher. After 30 days, you may request an in-store credit for any unused time remaining on your annual plan. A cancellation request must be submitted through BITBENCH user’s client area explaining the reasons you are requesting cancellation of service. Refund will be processed within 48 to 72 hours. In no event will you be eligible for more than one refund for the same product. Domain names and their related services are not refundable.
Website Design Services:
BITBENCH web design services are not refundable and are based on contract. However, if at any time you feel not satisfied and want to exit the contract, you may do so. Your will be charged a calculated pro-rated charge that covers services rendered up to the cancellation time including but not limited to non-refundable deposits, products, materials, graphic materials, purchased software and scripts, domain names, etc.
Refund request should be requested via BITBENCH client area. Refund periods are variable according to the certificate in question. Please refer to the certificate order page description to verify the return period of SSL Certificates.
Scripts and Software Applications:
The scripts provided here and sold by BITBENCH through electronic download to customers are not refundable. BITBENCH may, at its sole discretion, allow refunds or free replacements in the event that a download is of less than appropriate quality. A cancellation request must be submitted through BITBENCH user’s client area explaining the reasons you are requesting cancellation of service. Software license is provided attached to the downloaded product. Please carefully read the license terms on each case.
Claim Review Process
All claims must be made through our support page at www.bitbench.net. Claims will be acknowledged within three business days and reviewed within ten business days of receipt. Upon coming to a decision, the customer will be notified via email or at our support page whether the appropriate service credit will be issued on the next invoice or reject the claim by specifying the basis for rejection. BITBENCH has every right to reject any claim for credit.
Version: 2.0, Barreras's IT Workbench Services. 11/3/2015
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