The following
Terms of Service must be agreed to and abided by for use of our
services. Please be aware that Bald Eagle Hosting reserves
the right to modify the Terms of Service at any time, and
without notice as is deemed necessary by Bald Eagle Hosting.
Please read these terms and conditions carefully.
Bald Eagle
Hosting agrees to deliver the agreed upon services, as declared
in the “New Account” confirmation, to our customers at the time
of purchase, subject to the following Terms of Service
(hereafter referred to as TOS).
In addition, the
use of Bald Eagle Hosting's service (s) by a subscriber
constitutes an unconditional acceptance of and agreement to Bald
Eagle Hosting's TOS. Bald Eagle Hosting reserves the right to
change or modify the TOS at any time without notice.
Bald Eagle
Hosting proudly offers its subscribers a “30-Day Money Back
Guarantee.” This guarantee allows subscriber to purchase Bald
Eagle Hosting’s services with full confidence and zero-risk.
Consequently, subscriber may request a full refund
within 30 days of initial sign-up and be refunded all fees paid
to-date, including setup fees, less any additional
over-usage and free domain registration costs (see section I.C
below). Terminated accounts are not eligible for this guarantee
if the termination occurred due to a violation of this TOS.
This
guarantee can be requested at anytime within the 30 days of the
commencement of service if subscriber is not satisfied with Bald
Eagle Hosting’s services. If the 30-day service of the
subscription has been exceeded, subscriber is not eligible for
this guarantee. A request for this guarantee must be submitted
via Bald Eagle Hosting’s “Contact Us” form located at this URL:
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If requesting a refund, we ask that subscriber briefly explain
the reasons for doing so, as well as any suggestions on how Bald
Eagle Hosting could improve service.
Bald Eagle
Hosting proudly offers its subscribers an "Any-Time Money Back
Guarantee." This guarantee allows subscriber to use Bald Eagle
Hosting’s services with full confidence and zero-risk.
Consequently, subscriber may request a full refund of
the current month's fees (not the current billing cycle) and
to-date pre-paid fees for future months, less any
additional over-usage, setup fees and free domain registration
costs (see section I.C below). Terminated accounts are not
eligible for this guarantee if the termination occurred due to a
violation of this TOS.
This
“Any-Time Money Back Guarantee” can be requested at anytime that
you are not satisfied with Bald Eagle Hosting services.
A request for this guarantee must be submitted via Bald Eagle
Hosting’s “Contact Us” form located at this URL:
missing link
If requesting a refund, we ask that subscriber briefly explains
the reasons for doing so, as well as any suggestions on how Bald
Eagle Hosting could improve service.
Bald Eagle
Hosting utilizes an industry standard third party Registrar for
domain name registration services. Once an order is placed for a
new domain name through Bald Eagle Hosting, we register the
domain for the customer through the Registrar. Domains
registered in this manner are not eligible for a refund and the
cost for such domains will be subtracted from any service refund
from Bald Eagle Hosting.
New domains may
be cancelled and receive a full refund only within the first 24
hours after placing an order. This grace period only applies to
new domain name registrations and is not applicable for domain
renewals.
If you cancel
your Bald Eagle Hosting service, you will retain ownership of
your domain name for as long as you continue to renew the
domain. You may renew the domain through Bald Eagle Hosting or
through the Registrar.
Bald
Eagle Hosting guarantees that your website will be up and
running at least 99.9% of the time during any 12-month period.
This guarantee includes network uptime, server uptime,
web server and service uptime. It does not cover any areas where
Bald Eagle Hosting has no direct influence, such as backbone
provider failures, fiber-optic main line cuts, DNS or Registrar
issues with subscriber’s domain name, routing issues between
subscriber location and Bald Eagle Hosting data center. The
uptime guarantee is also not applicable if the service
interruption was caused by external issues such as Acts of God,
Wars or any other natural or unnatural events that Bald Eagle
Hosting cannot directly influence.
To request a service credit due to an uptime concern,
please submit a request for this guarantee via Bald Eagle
Hosting’s “Contact Us” form located at this URL:
missing link
If requesting a “service credit” we ask that subscriber briefly
explains the reasons for doing so.
Subscribers of Bald Eagle Hosting’s services are prohibited from
storing or posting adult content, or links to adult content,
through the subscribed service. All material of pornographic
nature is considered adult content. Online image galleries whose
primary purpose is the public display of fine art or artistic
mediums are not considered to be adult content.
Bald Eagle
Hosting offers high-limit or unlimited amounts of disk space
and/or other resources, such as bandwidth transfer, email or FTP
accounts. The intention of Bald Eagle Hosting is to provide
ample resources for customer convenience, so that customers
needn't to worry about exceeding limits.
It is
acknowledged by users of Bald Eagle Hosting services that these
resource allotments are optimized and dedicated towards serving
web documents and self-need email / FTP services and is not to
be used as offsite storage area for electronic files, or as a
provisioning service for third party email or FTP hosts. All
downloadable files or files stored on the server must be
available for download via a HTML document stored on the
Internet in a publicly or privately accessible area, and must be
directly related to the general nature of the website index.
Illegal content such as pirated software, music or other media
are strictly prohibited and are not allowed on Bald Eagle
Hosting servers.
It is also
acknowledged by users of Bald Eagle Hosting services that these
resources are limited by physical restraints of technology as
well as by reasonable limits of a shared resource environment.
Users must realize that server technology limits the amount of
available resources for use, including but not limited to disk
drive space, CPU processing power, memory and access speed. Bald
Eagle Hosting takes measures to utilize the latest and most
economically feasible mass server market technology available to
provide services. It is furthermore acknowledged by users of
Bald Eagle Hosting services that all provided services are of a
shared-server nature, and other users are sharing the provided
space. Customer accounts are placed on a server with up to
hundreds of other users. Bald Eagle Hosting, along with many
other hosting providers use this business model in order to
offer web hosting services en masse at inexpensive and
affordable rates.
It is
acknowledged that any single account is entitled to utilize the
server resources, within reason, up to what is allotted or by
what is physically available. If resources become scarce, Bald
Eagle Hosting reserves the right to limit users of the affected
machine to a lower limit to preserve the effectiveness of the
service for all users. If a particular user is in extreme excess
of what the average users of the machine have in use (actually
used) of their resource allotments, that customer may be asked
to remove content, cut resource usage, or relocate to a
dedicated service provider. This policy only applies to web
sites that are considered to be abusive in service, disk space
or resource consumption and where it is evident that the
"fair-use" of resources among customers has been breached,
particularly in regards to disk space, bandwidth or CPU
processing power utilization. Additionally, web sites that are
found to contain either/or no html documents, a large number of
unlinked files are subject to warning, suspension or
cancellation at the sole discretion of Bald Eagle Hosting.
If a "Fair-Use"
breach occurs, which's determination is solely up to Bald Eagle
Hosting, subscriber may have to remove files from or reduce
access to subscriber's account to an extent as determined by
Bald Eagle Hosting, in order to restore full serviceability to
other subscribers affected by the breach. In any case, the
subscriber will be notified of any actions that Bald Eagle
Hosting may have to take.
Bald
Eagle Hosting takes a zero tolerance approach to the sending of
Unsolicited Commercial Email (UCE) or SPAM through our network
and services. Customers of Bald Eagle Hosting may not
use, or permit others to use, our network to partake in UCE
distribution. Customers of Bald Eagle Hosting may not host or
permit hosting of sites or information that is advertised by UCE
from other networks.
Upon notification of an alleged violation of our SPAM policy,
Bald Eagle Hosting will initiate an immediate investigation.
During the investigation, Bald Eagle Hosting may restrict
customer access to the network to prevent further violations.
Subscriber will thereafter be advised of the situation. If a
subscriber is found to be in violation of this TOS, Bald Eagle
Hosting may, at its sole discretion, unilaterally restrict,
suspend or terminate the violating customer's account. Further,
Bald Eagle Hosting reserves the right to pursue civil remedies
for any costs associated with the investigation of a
substantiated policy violation. Bald Eagle Hosting will notify
law enforcement officials if the violation is believed to be a
criminal offense.
Bald Eagle
Hosting strictly prohibits the use of certain scripts such as
IRC, Proxy, SSH, Telnet, or any other script which may overwhelm
server resources due to the inherent nature of the script itself
or by defect in the coding of the script. If a user script is
found to be in violation of this clause, or is found to be
overwhelming system resources, the user may be requested to
remove the script, or in cases of system resource abuse, it may
be removed without prior warning and/or the user account may be
suspended for further review.
Establishment of
this service is dependent upon receipt of payment of stated
charges by Bald Eagle Hosting. Subsequent payments are due on
the anniversary date of the month for that month's service or
whichever is the selected billing cycle.
Bald Eagle
Hosting may temporarily deny or terminate service upon the
failure of the subscriber to pay the charges when due. Such
termination or denial will not relieve the subscriber of
responsibility for the payment of all accrued charges and any
collection fees.
A
subscriber may cancel his account at any time online via his
account control panel’s “Billing Options.” If
requesting a cancellation, we ask that subscriber briefly
explain the reasons for doing so, as well as any suggestions on
how Bald Eagle Hosting could improve service. The cancellation
will take effect immediately and the subscriber’s account will
remain active until the end of the subscription.
Subscriber
acknowledges that the service provided is of such a nature that
the service can be interrupted for many reasons other than the
negligence of Bald Eagle Hosting and that damages resulting from
any interruption of service are impossible to ascertain.
Therefore, subscriber agrees that Bald Eagle Hosting shall not
be liable for any damages arising from such causes beyond the
direct and exclusive control of Bald Eagle Hosting. Subscriber
further acknowledges that the Bald Eagle Hosting’s liability for
its own negligence may not in any event exceed an amount
equivalent to charges payable by subscriber for services during
the period damages occurred. In no event shall Bald Eagle
Hosting be liable for any special or consequential damages, loss
or injury.
In cases of new
hosting accounts or additions / modifications to hosted domain
names or any other cases which involve the change of nameservers
of a domain from other DNS servers to Bald Eagle Hosting's DNS
servers, there may occasionally be a delay of several days,
weeks or longer depending on the accessibility of control
options at the respective registrar of the domain name
registration. It is possible that if the registrar (or the
entity having control over the domain registration) is not
cooperative, the domain nameservers can not be changed at all.
Due to the unpredictable nature of the nameserver change
process, no guarantees are made regarding the amount of time a
specific change may take. On customer request,
nameserver change of domain names is done by Bald Eagle Hosting
on behalf of the account holder. In such cases, a
successful change of nameservers cannot be guaranteed in any way
or fashion as it solely depends on the accessibility or
cooperation by the domain name registration’s registrar.
Use of Bald Eagle
Hosting services requires a certain level of knowledge in the
use of Internet languages, protocols, and software. This level
of knowledge varies depending on the anticipated use and desired
content of subscriber's website.
The subscriber is
responsible for programming and for uploading the website to our
servers. Bald Eagle Hosting does not provide website
development, consulting, programming or debugging services.
The subscriber
agrees that he or she has the necessary knowledge to create and
maintain their website and agrees that it is not the
responsibility of Bald Eagle Hosting to provide this knowledge
or service.
Bald Eagle
Hosting provides technical support for services only to its
subscribers. We limit our technical support to our area of
expertise. The following is our guideline when providing
support:
Bald Eagle
Hosting provides support related to your service plan’s
features’ physical functioning. Bald Eagle Hosting does not
provide technical support for the subscriber’s customers.
The only way to
request technical support is to utilize the technical support
helpdesk options located within the Bald Eagle Hosting control
panel, or by calling our 24/7 Toll-Free Phone Support, or by
using our 24/7 LiveChat feature.
If you are able
to get online and have other questions, the answers may be on
our documentation manual at
missing link
We encourage you
to check there first. Lastly, the "Quick Help" option in the
control panel you are using may have the answer to your
question. Please investigate these resources before contacting
tech support.
If Bald Eagle
Hosting assigns a subscriber an IP address for use with the
subscription, the right to use that IP address shall belong only
to Bald Eagle Hosting and the subscriber shall have no right to
use that IP address except as permitted by Bald Eagle Hosting.
Bald Eagle Hosting shall maintain and control ownership of all
IP numbers and addresses that may be assigned to subscribers by
Bald Eagle Hosting. Bald Eagle Hosting reserves the right to
change or remove all such IP numbers and addresses in its sole
and absolute discretion, at any time.
Subscriber agrees
that bandwidth and disk usage shall not exceed the maximum
number of megabytes per month for the service plan subscribed by
the customer (“Agreed Usage”). Bald Eagle Hosting will monitor
subscriber’s bandwidth and disk usage. Bald Eagle Hosting shall
have the right to take corrective action if subscriber’s
bandwidth or disk usage exceeds the Agreed Usage. Such
corrective action may include the assessment of additional
charges, disconnection or discontinuance of any and all
services, or termination of this Agreement, which actions may be
taken is in Bald Eagle Hosting's sole and absolute discretion,
at any time deemed necessary by Bald Eagle Hosting. If Bald
Eagle Hosting takes any corrective action under this section,
subscriber shall be entitled to a pro-rated refund of any fees
paid in advance prior to such action. In any cause, subscriber
will be warned of approaching or exceeded resource limits via
email by Bald Eagle Hosting’s automated notification system.
Subscribers or
any network users are prohibited from violating or attempting to
violate the security of Bald Eagle Hosting’s network or any and
all components there in. Violations of system or network
security may result in civil or criminal liability. Bald Eagle
Hosting will investigate occurrences which may involve such
violations and may involve and cooperate with law enforcement
authorities in prosecuting subscribers who are involved in such
violations. These violations include, but are not limited to:
- Accessing data not
intended for such subscriber or logging into a server or
account, which such subscriber is not authorized to
access.
- Attempting to probe,
scan or test the vulnerability of a system or network or
to breach security or authentication measures without
proper authorization.
- Attempting to interfere
with service to any subscriber, host or network,
including, without limitation, via means of overloading,
"flooding", "mail bombing" or "crashing."
- Forging any TCP/IP
packet header or any part of the header information in
any e-mail or newsgroup posting.
- Taking any action in
order to obtain services to which subscriber is not
entitled.
Subscribers or
any network users are prohibited from violating or attempting to
violate the security of Bald Eagle Hosting’s network or any and
all components there in. Violations of system or network
security may result in civil or criminal liability. Bald Eagle
Hosting will investigate occurrences which may involve such
violations and may involve and cooperate with law enforcement
authorities in prosecuting subscribers who are involved in such
violations. These violations include, but are not limited to:
- First violation: Any
Subscriber, which Bald Eagle Hosting determines to have
violated any element of this TOS shall receive an email
warning them of the violation. Subscriber’s service is
subject to a temporary suspension at Bald Eagle
Hosting's discretion pending a subscriber's agreement in
writing to refrain from any further violations.
- Second violation:
Subscribers, whom Bald Eagle Hosting determines to have
committed a second violation of any element of this TOS
shall be subject to immediate suspension or termination
of service without further notice.
NOTE: Bald Eagle
Hosting reserves the right to drop the section of IP space
involved in SPAM or Denial-of-Service complaints if it is clear
that the offending activity is causing great harm to parties on
the Internet. In particular, if open relays are on your network
or a customer's network or if denial of service attacks are
originating from your network. In certain rare cases, we may
have to do this before attempting to contacting the subscriber.
Bald Eagle Hosting will contact the subscriber as soon as it is
feasible.
Bald
Eagle Hosting reserves the right to suspend network access to
any subscriber if in the judgment of Bald Eagle Hosting, the
subscriber‘s account is the source or target of a violation of
any of the terms of the TOS, or for any other reason which Bald
Eagle Hosting deems necessary.
If inappropriate
activity is detected, all accounts of the subscriber in question
will be deactivated until our investigation is complete. Prior
notification to the subscriber is not assured. In extreme cases,
law enforcement will be contacted regarding the activity. The
subscriber may not be credited for the time the subscriber’s
machines were suspended if the subscriber is found to be at
fault.
Subscriber must provide Bald Eagle Hosting real and current
contact information at all times. E-mail address, telephone and
fax contacts are used, and in that order of preference.
- Bald Eagle Hosting takes
no responsibility for any material placed on its network
by others. Bald Eagle Hosting is not responsible for the
content of any other websites linked to. Links to other
sites are provided as Internet navigation tools only.
Bald Eagle Hosting disclaims any responsibility for any
inappropriate use and any liability to any person or
party for any other person or party's violation of this
policy.
- Bald Eagle Hosting’s
subscribers are not permitted to run IRC servers
- Furthermore, Bald Eagle
Hosting reserves the right to, but is not obligated to,
review the content posted via the service and to refuse
or remove any such materials in its sole discretion,
without notice at any time.
The TOS
specifically prohibits the use of our service for illegal
activities. Therefore, subscriber agrees that Bald Eagle Hosting
may disclose any and all subscriber information including
assigned IP numbers, account history, account use, etc. to any
law enforcement agency that requests such information, provided
they posses the proper court-approved warrant, without consent
or notification to the subscriber.
Each party (the
“Indemnifying Party”) hereby indemnifies the other party (the
“Indemnified Party”), its officers, directors, employees and
agents, and agrees to defend and hold them harmless from and
against any and all liability, damage, loss or expense
(including reasonable attorneys fees) arising from any claim,
demand, action or proceeding based upon the alleged breach or
untruthfulness of any of the Indemnifying Party’s
representations or warranties, or incurred in the settlement or
avoidance of any such claim, provided, however, that the
Indemnified Party shall give prompt notice to the Indemnifying
Party of the assertion of any such claims and provided further
that Indemnifying Party shall have the right to select counsel
and control the defense thereof, subject to right of the
Indemnified Party to participate therein.
If any provision
of this TOS shall be held to be invalid or unenforceable for any
reason, the remaining provisions shall continue to be valid and
enforceable. If a court finds that any provision of this TOS is
invalid or unenforceable, but that by limiting such provision it
would become valid and enforceable, then such provision shall be
deemed to be written, construed, and enforced as so limited.
This TOS is
subject to the governing laws of the State of Kentucky. Courts
of competent jurisdiction in Hopkinsville, Kentucky shall hear
and decide any disputes.
The subscriber is
responsible for keeping a complete and current copy of their
website files as a backup on a remote system (not solely on Bald
Eagle Hosting servers).
Bald
Eagle Hosting is NOT RESPONSIBLE for any lost files, information
or data.
Bald Eagle
Hosting makes regular internal backups of internal system
configurations and databases. These backups are NOT intended for
keeping backups of subscriber websites.
Although Bald
Eagle Hosting backups may include subscriber sites and
information for disaster recovery purposes, these backups are
not to be relied on by the subscriber. Bald Eagle Hosting does
not guarantee to possess the most current copy of a subscriber's
website in its own backups.
Immediately after
the completion of the ordering process 100% payment is required
before the commencement of the project. The customer is
responsible for providing the text, logos and requirements for
the basic look and feel of the website. The customer's quick
responsiveness is mandatory at all stages of the project, but
particularly during the planning process. Failure to provide all
required information within the specified timeframes will result
in a delay or cancellation of the project. If and how much of a
refund will be issued depends on the amount of work already
completed and is at the sole discretion of Bald Eagle Hosting as
defined further below.
Each package
comes with a certain number of total revisions. As soon as Bald
Eagle Hosting provides a design and project update the customer
must respond within three business days with all necessary
feedback and corrections. If the customer does not respond
within the specified timeframe it will be assumed that the
suggested design and changes were accepted and approved so the
work may progress further towards finalization.
During the
project development process Bald Eagle Hosting provides regular
design and project updates. While Bald Eagle Hosting performs
its own testing of the entire website and functionality, the
final responsibility lies with the customer to ensure that the
modules and the complete project has been tested for any
deficiencies or errors and to confirm that the site is operating
as originally intended. It is expected that the customer
responds with any feedback and corrections within the timelines
specified with every update, to ensure that the project can be
completed on time. If the customer does not respond within seven
business days (unless pre-agreed) upon delivery of the website's
final version, it will be assumed that the work is accepted and
the completion of the project approved. Any further changes must
be requested in the form of maintenance for the existing
website.
For all projects
a consolidated brief must be submitted that contains all
requested information before starting the project. If the
customer fails to submit the required information within 30 days
of making the payment Bald Eagle Hosting may decide to consider
the project inactive and not proceed with its implementation.
If an order is
cancelled within 14 days of making the payment and before any
work has been done, we will refund 75% of the payment. If the
work has already begun the maximum refund will be 50% of the
payment. There will be no refund if more than 50% of the work
has been completed. Under special circumstances Bald Eagle
Hosting reserves the right to negotiate and refund an
appropriate portion of the amount paid by the customer.
Bald Eagle
Hosting is not liable for any damages that arise from
misinformation or misrepresentation under any circumstances.
Upon final
payment and approval of the completed website design project,
our client becomes the owner of the website. He is free to take
his site to another developer or host with another company.
Please note that all the content on the customer's website is
the sole responsibility of its respective owner. Bald Eagle
Hosting is not responsible or liable for any copyright or
trademark claims regarding third party logos, trademarks or
names used on the website. They are the property and
responsibility of the respective owners.
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