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Bitera Corporation (Bitera.com) Terms of Service
Agreement
Please read this Agreement carefully before accessing the service(s). By accessing the service(s), you agree to be bound by the terms and conditions set forth below. If you do not wish to be bound by these terms and conditions you many not access or use the service(s).
Disclaimer The user will have access to a variety of sources of content through the Internet. The User understands and accepts that except for information, products and services clearly identified as being supplied by Bitera.com, the company does not operate, control or endorse any information on the Internet in anyway. Also, Bitera.com exercises no control whatsoever over the content of the information passing through our systems. Accordingly, Bitera.com will have no liability or responsibility whatsoever for any content contained within any such sources.
Bitera.com has no control over and accepts no responsibility whatsoever for published materials by the User that are sexually explicit, offensive, controversial and/or copyrighted .
Limitation of Liability
THE EMPLOYEES OF Bitera.com ARE NOT AUTHORIZED TO MAKE ANY ORAL REPRESENTATIONS OR VARIATIONS TO THE DESCRIPTION OR QUALITY OF THE SERVICE(S), AND THE COMPANY SHALL NOT BE LIABLE FOR ANY LIABILITY CAUSED RELYING ON SUCH REPRESENTATIONS. IF THE PERFORMANCE BY Bitera.com OF THE SERVICE(S) IS DELAYED OR HINDERED BY CIRCUMSTANCES OUTSIDE ITS CONTROL, OR AMOUNTING TO FORCE MAJEURE, Bitera.com WILL, AS SOON AS IS REASONABLY PRACTICAL, GIVE THE USER NOTICE OF THE REASONS OF DELAY OR HINDRANCE. HOWEVER, FAILING TO GIVE SUCH NOTICE WILL NOT RESULT IN ANY LIABILITY FALLING ON Bitera.com. IN THE CASE OF DELAY OR HINDRANCE CAUSED BY CIRCUMSTANCES AMOUNTING TO FORCE MAJEURE, Bitera.com WILL RECOMMENCE PROVISIONS OF THE SERVICE(S) AS SOON AS THE CIRCUMSTANCES CAUSING DELAY OR HINDRANCE ALLOW. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT USER HAS PAID TO THE COMPANY FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE. Indemnity User will indemnify and hold the Company, its licensors, content providers, service providers and contractors (the "Indemnified Parties") harmless from any breach of these Terms And Conditions by User, including any use of Content other than as expressly authorized in these Terms And Conditions. User agrees that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and agrees to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees of the Indemnified Parties in connection therewith. User will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of User's use of the information accessed from the Bitera.com website or from any Bitera.com services. Prohibited Usage User may not: • post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law, including without limitation the U.S. export control laws and regulations; • post or transmit any information or software which contains a virus, cancelbot, Trojan horse, worm or other harmful component; • post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Service(s) for commercial purposes (other than as expressly permitted by the provider of such information, software or other material); • upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Service(s) which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or right holder; • upload, post, publish, transmit, reproduce, transmit or distribute in any way any component of the Service(s) itself or derivative works with respect thereto; • send unsolicited advertising or promotional materials "spam" via electronic mail (See section titled "MESSAGING" ). Bitera.com has a zero-tolerance policy against spam. Any User's account of our service violating this policy may result in immediate termination of service. • run or activate processes while User is not logged in; • run or operate like services via connections into or received from Bitera.com; User agrees that Bitera.com has the right to monitor the Service(s) electronically from and to disclose any information as may be necessary to satisfy any law, regulation or other governmental request, to operate the Service(s) properly, or to protect the company or its subscribers. Bitera.com will not intentionally monitor or disclose any private e-mail message unless required by law. Bitera.com reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole and absolute discretion, are unacceptable, undesirable, or in violation of this Agreement. Bitera.com reserves the right to suspend access to the Service for User's account. The account's suspension may be rescinded within the sole and absolute discretion Bitera.com following payment of a reconnection charge, to be determined by Bitera.com in its sole and absolute discretion. Messaging User agrees to limit their use of the Bitera.com service, specifically regarding the use of Bitera.com's electronic (e-mail) services, to the following restrictions: • Mass Mailing User is restricted to the transmission, or distribution, of no more than fifty (50) recipients, or addresses, per email message. This does not assume User is allowed to send such messages several times to groups smaller than the fifty (50) limit. • Unauthorized Use of Relay Servers User agrees that any unauthorized use of any email server located throughout the Internet for the purposes of relaying or distributing messages is prohibited. • Fraudulent Addressing User agrees that the purposeful distribution of any email message where the return address, originator's address, or any other identifiable aspect of the message has been purposefully altered is prohibited. User may not purposefully misrepresent the origination information of any email messages sent while using the Bitera.com service. • Fraudulent Content User agrees to be held responsible for the distribution of fraudulent materials. VIOLATION of ANY OF THESE TERMS WILL RESULT IN IMMEDIATE TERMINATION OF SERVICES. Furthermore, violation of any of these terms, relating to the terms described within this "Messaging" section of this document, may result in the IMMEDIATE PENALTY of $200 Bitera.com RESERVES THE RIGHT TO CHARGE USER'S CREDIT CARD, IF ON FILE FOR USE IN PAYMENT OF Bitera.com SERVICES, A ONE-TIME FEE OF $200 PER VIOLATION OF THESE TERMS. IN THE EVENT USER PRE-PAYS FOR THEIR Bitera.com SERVICE VIA CASH, CHECK, OR MEANS OTHER THAN CREDIT CARD, Bitera.com RESERVES THE RIGHT TO INVOICE AND HOLD USER RESPONSIBLE FOR THE ONE-TIME FEE OF $200 PER VIOLATION OF THESE TERMS. User also agrees to the immediate termination of Bitera.com services for violation of any of these terms. Privacy Policy Bitera.com's policies and procedures for handling customer information have been created with the understanding that Internet technologies are still evolving. However, information transmitted through the Bitera.com website and the Internet in general is not confidential. Bitera.com cannot and shall not guarantee privacy or protection of any User. Bitera.com reserves the right to monitor any User's activity when deemed necessary for providing proper service and/or to protect the rights, property and interests of Bitera.com. Non-transferable The right to use Service(s) is not transferable. User shall be responsible for the confidentiality of User's password and any changes made to the account's password. Purchases of Services If the User wishes to make purchases of Service(s), User will be asked by the company to supply certain customer information, including credit card or other payment mechanism information. User agrees that all information User provides to Bitera.com to be accurate, complete and current. Billing and Cancellation of Services All hosting services provided by Bitera.com are month-to-month
contracts allowing the User to cancel service at anytime. The User may
cancel within the first 7 days of initial service to receive a full refund
of the cost of the service plan. After the initial one-week grace period,
the User must pay for the full month-to-month service upon cancellation.
If during order registration the customer chooses a different billing
cycle length (i.e. monthly, quarterly, annually or other) the service
will auto-renew to that length. The User is responsible for cancelling hosting services via http://bitera.com/cancel. All canceled accounts are to receive a cancellation number for future confirmation. If you have registered a domain through Bitera.com's registrar, domain name registrations DO NOT auto-renew at the end of the term each year. Once a cancellation is received, the customer's account
will be active until the end of the current billing cycle. No other charges
will be made unless the customer has an unpaid balance. At the end of
the billing cycle service shall be terminated. Customer data stored on
our servers will then be deleted.
Bitera.com may use customer information to provide customers with information about products and services that might be of interest to the customer, or to enable the customer to take advantage of special partner programs. Bitera.com may also use customer information to provide its customers with system information or information about new or upgraded products. Bandwidth Policy bitera.com limits all users' bandwidth transfers to certain levels in gigabytes per month. We monitor all activity on our servers. Customer may purchase additional blocks of 5 gigabytes at $6.00 per month. No Spam Policy "Spam" is when an Internet user sends unsolicited bulk and/or commercial email messages over the Internet. The practice of "spamming" is prohibited by Bitera.com, and is enforced by our 0% tolerance policy. Once we receive complaints of a subscriber practicing spamming, bitera.com has the discretion to determine from all of the evidence gathered whether the spammed email recipients were from an "opt-in" email list. If found guilty, the subscriber will no longer be entitled to receive hosting service from our company and will have to forfeit any paid balances of their account. Spamming is not only harmful because of its negative impact on consumer attitudes toward Bitera.com (Bitera Corporation), but also because it can overload Bitera's network and disrupt service to Bitera.com sub-scribers. Also, maintaining an open SMTP relay is prohibited.
Adult related sites that exceed the 5 gigabytes included with the hosting plan may purchase additional blocks of 5 gigabytes at $15.00 per month. Bitera.com (DBA) Bitera Corporation reserves the right to deny hosting of explicit adult content at our discretion. If this decision takes place, the customer will be refunded the unused balance of hosting service. Failure to Comply With Terms and Conditions Bitera.com may deny User access to all or part of Service(s) without notice if User engages in any conduct or activities that Bitera.com in its sole discretion believes violates any of the terms and conditions in this Agreement. If Bitera.com denies User access to Service(s) because of such a violation, User shall have no right (1) to access through Bitera.com any materials stored on the Internet, (2) to obtain any credit(s) otherwise due to User, and such credit(s) shall be forfeited. ©2004 Bitera Corporation Bitera Corporation (Bitera.com) Terms of Service Agreement |