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TERMS OF USE AGREEMENT

Upon signing up for Baystatehost's services, all customers agree to comply with Baystatehost's Terms of Use.  The reason for the Terms of Use is to enact guidelines that customer must follow in order to allow fair and lawful internet operations on Baystatehost's services.  Baystatehost reserves sole right to change and modify the Terms of Use in order to facilitate faster response to ever growing concerns on the internet.  We will post changes of the Terms of Use on www.baystatehost.com, but notification of the modified Terms of Use will not be emailed to customers.  It is the responsibility of the customer to view the Terms of Use periodically to update his/her content accordingly.  Any complaints about a customer's violation of the Terms of Use should be sent to in order for Baystatehost to address any concerns properly, accordingly, and professionally.

All Baystatehost Customers

The following Terms of Use apply to ALL Baystatehost customers.  Baystatehost users and guests will also comply with the Uniform Dispute Policy and Privacy Policies that are posted on our site.

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL BAYSTATEHOST BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF BAYSTATEHOST OR A BAYSTATEHOST AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF.  SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

PLEASE READ THIS AGREEMENT CAREFULLY.  BY CLICKING ON THE "ORDER NOW" BUTTON ON THE ORDER FORM REFERENCED HEREIN, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND ALL TERMS AND CONDITIONS INCORPORATED BY REFERENCE IN THIS AGREEMENT, INCLUDING BAYSTATEHOST'S PRIVACY POLICY & ACCEPTABLE USAGE POLICY.  YOUR USE OF THE SERVICES ALSO CONSTITUTES ACCEPTANCE OF THIS AGREEMENT.

Term of Use Revisions

Baystatehost may at any time revise these Terms of Use by updating this posting.  By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Terms of Use to which you are bound.  If any material modification to this Agreement is unacceptable to Customer it shall be Customer's responsibility to terminate their subscription as provided in Section 3 of this Agreement.  If Customer does not terminate the Agreement then Customer's continued use will mean that Customer has accepted the amended or modified Agreement.

Illegal Use:

Baystatehost services and servers can and will only be used for lawful purposes, any such violations of the law and Terms of Use will constitute shut down of the site.  Transmission and storage of data or material that is in direct violation of any applicable local, state, or international law is strictly prohibited.  Copyrighted material, illegal information, trademarks, and other forms of intellectual property theft constitute a direct violation of these terms of service.  Also, Baystatehost reserves the right to removing any such material along with removal of any information or communications that might be in direct line with suspected terrorist organizations or groups.

Export Control Violations:

The United States has several export controls in place for several international countries that cannot use encryption to email, ftp, or send information via encryption.  The exportation of encryption software outside of the United States and/or violations of United States law relating to the exportation of software is prohibited on Baystatehost servers and violators will be deactivated.

Misrepresentation of Information:

To establish a reliable network we need to establish reliable and accountable customers.  Customers agree not to forge, misrepresent, omit, or delete message headers, return mailing information and/or internet addresses to conceal or misidentify the origin of any message or to resell services to anyone who engages in said conduct.

Spamming:

SPAM which is considered to be the sending of large amounts of unsolicited bulk email and/or commercial messages over the internet is prohibited by Baystatehost.  The term spamming includes SMTP relaying, spoofing internet addresses, spamming internal customers which can be viewable on a server that one is hosted on.  Violations will be assessed with a fine of 300 dollars and can face immediate suspension on the server.  Baystatehost reserves the right to determine what is considered spam and what is not.

System and Network Abuse:

Any violations of the system and network are prohibited and may result in criminal and civil liability according to federal laws.  System security breaches to data, systems, or networks will be held with high discretion and will be looked at with very serious concern.  Any attempt to probe, scan, test vulnerabilities, and breach the security without expressed consent by Baystatehost is strictly prohibited.

Viruses and Other Destructive Activities:

The use of Baystatehost servers and services for creation or the spreading of internet viruses and worms are strictly prohibited.  These can cause serious damage to other networks including Baystatehost's and we will look at investigating any such attacks with fervor.  Mail bombing, ping flooding, port scanning, DoS (Denial of Service) attacks, are network attacks that are also strictly prohibited by Baystatehost.  Baystatehost will also take no responsibility or recourse to customers that have been infected by viruses or attacked by worms since Baystatehost does not do any active virus scanning of emails.

Copyright Violations:

The Digital Millennium Copyright Act ("DMCA") sets forth the law regarding the use of copyrighted materials on the Internet.  All Baystatehost customers are subject to the requirements of the DMCA and are required to adhere to this law.  Individuals or groups submitting notifications of copyright infringement by a Baystatehost customer to Baystatehost, Inc.  must follow the below procedures.  Copyright infringement notifications submitted to Baystatehost according to these procedures will be processed within 21 days of receipt.  Customers who are the subject of a DMCA notification that meets the below criteria may be subject to account termination at Baystatehost's sole discretion.

DMCA Copyright Infringement Notification Requirements and Steps:

  1. Signature of the copyright owner or a person authorized to act on the copyright owner's behalf (the "Claimant").  This must be faxed, mailed, or emailed to Baystatehost during regular business hours.
  2. Identification of the copyrighted work(s) claimed to have been infringed.  The Claimant's name, address, and telephone number(s).
  3. Identification of the material claimed to infringe the copyright(s), and enough information for Baystatehost to locate it including URLs and specific descriptions of the infringing material at each URL.
  4. A statement that the Claimant has a good faith belief that use of the disputed material is not authorized by the copyright owner or his agent.
  5. A statement, under penalty of perjury, that the information in the notification of copyright infringement is accurate and that the Claimant is authorized to act on behalf of the copyright owner.
  6. Mail and email the notification to:
    Baystatehost Legal Department - DMCA Complaints

    7 Spring Lane,
    Rockport, MA 01966 USA

Child Pornography:

The use of Baystatehost's services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited and against the law of the United States and international law.  Baystatehost is required by law, and will at all times, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, its services.  Anyone using web space to promote this type of traffic will be prosecuted by the law.  Baystatehost does not need to prove the person's knowledge of the content being on the site in order to act.  Baystatehost will notify the proper law enforcement authorities in ALL instances.

Force Majeure Circumstances:

Baystatehost shall not be liable for failure of services in performing its business obligations to a customer hereunder if such failure or delay is due to circumstances beyond its reasonable control, which include, acts of any governmental body, war, insurrection, sabotage, embargo, disaster, strike or other labor disturbance, transportation problems, interruption or delay in telecommunications or third party services (DNS failures and internet attacks), failure of third party software or hardware due to flaws and known/unknown problems, and etc.

Baystatehost is acting only as a reseller or licensor of the hardware, software and equipment used in connection with the products and/or Services that were or are manufactured or provided by a third party ("Non-Baystatehost Products").  Baystatehost shall not be responsible for any changes in the Services that cause the Non-Baystatehost Product to become obsolete, require modification or alteration, or otherwise affect the performance of the Services.  Any malfunction or manufacturer's defects of Non-Baystatehost Product either sold, licensed or provided by Baystatehost to Customer or purchased directly by Customer used in connection with the Services will not be deemed a breach of Baystatehost's obligations under this Agreement.  A Customer shall not resell, transfer, export or re-export any Non-Baystatehost Product or Baystatehost products that are provided to the customer for use with his product, or any technical data derived from the product, in violation of any applicable US or International law.

Payment:

All payments are subject to Baystatehost's Billing Policy located below.  By supplying your credit card for the payment of Baystatehost charges, you authorize Baystatehost to automatically charge your credit for charges that apply to your account.  Recurring charges will be posted to your credit card until such time that you cancel your account in accordance with Baystatehost's Billing Policy.  Baystatehost reserves the right to deactivate service after 15 days of not receiving payment.  Baystatehost also reserves the right to change or modify the Billing Policy when it deems it to be insufficient with the needs of its customers.

Customer Privacy:

Baystatehost has a privacy policy at http://www.baystatehost.com/privacy.html.  that explains what information that Baystatehost can and will obtain and what it will do with that information that it garners.  Baystatehost is concerned with the privacy of its customers and online communications.  The internet is very insecure and Baystatehost tries to limit this insecurity by encrypting data properly.  There is always the possibility that there might be a problem with certain communications, but with encryption using SSH and SSL, there is limited liability of loss to the customers and company.  We will not give out any information that is given to us by the customer unless it is with our partners and is permitted by the customer.

Disclosure of Customer Information and Legal Process:

Although Baystatehost will ordinarily maintain strict Customer confidentiality there are certain exceptions where Baystatehost may disclose any information in its possession, including, without limitation, information about Subscribers, Internet transmissions and website activity in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or official governmental request, to protect Baystatehost or others from harm, and/or to ensure the proper operation of the Services.  Baystatehost has no obligation to notify any person, including the Subscriber about whom information is sought, that Baystatehost has provided the information.  Customer acknowledges the above exceptions and agrees to them without reservation.

Customer Credibility and Responsibility:

Customer responsibility is Baystatehost's request of all customers.  Customers are required to use proper and professional judgment with the use of Baystatehost's servers and services.  Respecting other customers and employees of Baystatehost is requested of all customers.  Baystatehost reserves the right to close/suspend services of any customer that violates these pre defined laws and responsibilities.  Baystatehost will monitor its services via electronics and analyzing its servers, but it cannot monitor every facet of the servers.  Baystatehost will take any action that it deems necessary on its network to enact compliance with its guidelines and terms of services.  Failure of cooperation but the customer who violates these guidelines and terms of service will allow Baystatehost to take corrective measures towards bettering its services.  Customers at any time have the option of removing themselves from the services of Baystatehost unless bound by a contract.

Actions Taken by Baystatehost:

Any customer that fails to meet or follow the Terms of Use will have his/her account deactivated.  Baystatehost will be the sol arbiter as to what will constitute as a violation of the Terms of Use.  Baystatehost reserves the right to remove or change access to any account without prior notice to the customer and refuse service to any one that violates its current Terms of use.  Baystatehost will investigate any violations and decide whether they are deemed as violations and failures to meet the Terms of Use.  If investigated violation is one that breaks the law, Baystatehost will notify the proper authorities to take arbitration of the matter and problem.  Criminal violations will be handled under very serious scrutiny.  Customers are required to become actively responsible with their website and web space.  Baystatehost cannot guarantee the course of action on all situations that can arise through these violations since circumstances change.  Baystatehost though will pursue with recourse any situation that it deems problematic and in violation of the Terms of Use.  Baystatehost will not and cannot issue credits for outages incurred through service disablement resulting the violation of the Terms of Use.  Baystatehost service is provided on an as is basis.  Baystatehost is not responsible and cannot be held liable for any advice given to its customers through its employees.  Customers are solely responsible for their web space, web code, and backups.  Baystatehost will not be held liable for any mistakes that are done by the customer.

Baystatehost Web Hosting and E-commerce Customer Sites:

The following Terms of Use apply only to Baystatehost's E-Commerce and standard web hosting Customers.

Domain Registration:

Any domain registered or transferred to Baystatehost will be under the guidelines of the Uniform Dispute Policy governed by ICANN governing body.  Baystatehost shall not be responsible for any change that should be made to the uniform dispute policy and Baystatehost has the right to change the Uniform Dispute Policy on our site anytime.  The Uniform Dispute Policy is located at http://www.baystatehost.com/dispute.html

SERVICES:

Server Resources:

Any web site that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given the option to either pay additional fees (which will depend on the resources required), reduce the resources used to an acceptable level, or upgrade its service to a Dedicated Server.  Baystatehost shall be the sole arbiter of what is considered to be a high server usage level.  Any E-Commerce account deemed to be adversely affecting server performance or network integrity will be shut down without prior notice unless there is a solution found that can curb the performance of the site.  Baystatehost will try to fix any performance problems with a server before it takes steps in shutting down the web site.  Baystatehost will not incur any liability for any loses due to site downtime because of deactivation for these issues.

Connections:

Multiple telnet and ftp sessions are allowed, on a single hosting account.  Baystatehost will not limit the connections to servers or services unless they affect server performance.

Idle Timeouts:

Baystatehost may disconnect any idle connection to the network or servers that are on its network for any reason that Baystatehost deems necessary.

IP Address Ownership:

During the course of providing Services to customer Baystatehost may assign to Customer an Internet Protocol address.  Customer agrees that it has no right to a particular IP address under this agreement and accordingly Baystatehost shall retain ownership of any IP address or addresses used by Customer under this agreement and that Baystatehost reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion.

Bandwidth and Disk Usage:

Customer agrees that Baystatehost will monitor and meter Customer's bandwidth and disk usage and in the event that Customer exceeds the bandwidth or disk usage allocated to each hosting package Baystatehost may take corrective action which may, at Baystatehost's sole discretion, include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement.  Customer agrees that in the event of a dispute Baystatehost's monitoring reports shall be the final method of determination how much disk space and bandwidth was used and agrees to pay the excess usage charges when due.  Customer's logs files are counted against any disk usage.  It is a violation of this agreement if Customer uses this account as merely an image, sound or file library.  Binary files such as images, video and sound (i.e MP3, WAV, RA, GIF, JPG but not limited to those file extensions) may only account for a maximum of 50% of Customer's total bandwidth usage before customer must upgrade to a higher performance solution.

CGI Scripts:

Any scripts that pose a potential security risk or are deemed to be adversely affecting server performance or network integrity will be shut down or will be automatically removed without prior notice.  Baystatehost will try to notify its users at times that they are using such scripts in order to not cause confusion.  Baystatehost does not permit CGI script sharing with domains not hosted by Baystatehost or any scripts that may be abused for spamming and intrusion.  Customer agrees not to run any scripts, executables or other programs or processes on Baystatehost's servers or other equipment that will in any way adversely affect the performance of said equipment.

Chat Rooms:

Baystatehost does not allow customers to install their own chat rooms unless they have a dedicated server.  Deactivation of accounts that violate this arrangement will be required.  Baystatehost does not allow IRC or IRC bots to be operated by Web Hosting and E-Commerce customers.

Background Running Programs and Cron Jobs:

Baystatehost may allow programs to run in the background in order to manage server services and customer requests.  These programs will be considered on an individual basis and will incur extra charges based on system resources used and operational maintenance needed.  If you wish to run background programs please contact Baystatehost at .

Baystatehost's shared server accounts are not configured for the purposes of distributing software and/or multimedia products.  If you wish to distribute software and/or multimedia files, please contact to make special arrangements such as dedicated servers in order for this to operate properly.

Multimedia Files:

Multimedia files are defined as any graphics, audio, and video files.  Baystatehost shared hosting accounts are not to be used for the purposes of distributing and storing unusual amounts of multimedia files.  Any web site whose disk space usage for storing multimedia files exceeds 60 percent of its total usage, will be considered to be using an unusual amount of multimedia files.

Databases:

Any database stored on Baystatehost's shared servers shall be limited in size to the size of their hosting plan.  This could affect the total size that customers have allotted towards their email and webpages.

Email Accounts:

All email accounts are governed by the size of their total quota usage on the account.  The site administrator will govern the quota's of users and administer their emails.

Service:

At any time, Baystatehost can change its services as they are offered because of security concerns or problems that require the removal of the service in order for the server to function properly.

Adult Content:

Due to the system circumstances and network requirements of adult sites, pornography is prohibited for shared hosting customers.  This is also true for sites that promote any illegal activity or content that may be damaging to shared servers or any other server on the Internet, or provide links to such sites.  We will also refer the law to any possible prosecutable offending sites on our service.

Baystatehost Dedicated Server Customers

The following Terms of Use apply only to Baystatehost's Dedicated Server customers, and supplement the terms above in section A that apply to all Baystatehost customers: Customer Security Responsibilities.

Baystatehost will manage support for certain services on servers as accepted and agreed to by the customer.  Baystatehost will not be held liable for any damage that is done to servers by natural or human error.  The customer is solely responsible for any breaches of security affecting servers under customer control.  If a customer's server is involved in an attack on another server or system, it will be shut down and an immediate investigation will be launched to determine the cause/source of the attack.  In such event, the customer is responsible for the cost to rectify any damage done to the customer's server and any other requirement affected by the security breach.  We will manage and patch servers as the customer requests but we shall not monitor every aspect of the servers operation therefore we also rely on customer feedback in order to perform functions properly.

Billing for Service Resources:

The customer understands that the customer is responsible for paying for any network resources that are used to connect the customer's server to the Internet.  The customer may request that the customer's server be disconnected from the Internet, but the customer will still be responsible for paying for any network resources used up to the point of suspension or cancellation.

Billing and Payment:

All fees for web hosting or other Services are due in advance and shall be in accordance with Baystatehost's fee schedule, which is incorporated herein by reference and may be amended from time to time.  Customer agrees to pay a $25.00 (twenty-five dollars) late fee if customer's account or accounts become more than fifteen (15) calendar days overdue.  Fees for renewal periods after the Initial term shall become due 30 days before the first day of such renewal period.  In addition, in the event that any amount due Baystatehost remains unpaid ten (10) calendar days after such payment is due, Baystatehost, in its sole discretion, may immediately terminate this Agreement, and/or withhold or suspend Services.  Customer agrees that Baystatehost may charge a $30.00 (thirty dollars) fee to reinstate accounts that have been terminated or suspended.  All taxes, fees and governmental charges relating to the Services provided hereunder (other than income taxes of Baystatehost) shall be paid by Customer.

Returned checks will be assessed a $25.00 charge.  Incoming wire transfers will incur a $25 charge.

30 Day Money Back Guarantee:

Baystatehost offers all new clients a no questions asked 30 Day Money Back Guarantee.  Baystatehost will impose a setup fee of $19.99 if it was waived in the initial stages of setup.  If you see fit to cancel your account with in 30 days of signing up, for any reason, and state that you would like a refund, a full refund of the price paid for hosting services will be given.  No refunds will be given for domain registrations since the domains that are registered are under the customer's legal name.  Refunds will be issued within 30 days of the request.  If price paid for hosting services was via Check/Money Order a refund check will be sent in the mail to the address we have on file.  If a refund check is not cashed with in 60 days of being sent that check will be cancelled and you will forfeit your right to a refund.

Uptime Guarantee:

Baystatehost strives to maintain a 99.9% network and server uptime service level.  This uptime percentage is a monthly figure, and is calculated solely by Baystatehost monitoring systems or Baystatehost authorized/contracted outside monitoring services.  If Baystatehost fails to meet its 99.9% uptime guarantee, and it is not due to one of the exceptions below, credits will be made available to each client, upon request, on a case by case basis.  Baystatehost does not credit a full month's service for minor downtime.  "Partial refunds for partial downtime" is our standard policy.  In extreme circumstances, Baystatehost may distribute full month credits, but this is dealt with on a case by case basis, and must show a history of problems to take advantage of such case.


Rockport, MA 01966