baddak.com Terms of Use
Last Modified - 01/01/2004
All users
of baddak.com’s services, and all customers upon signing up for baddak.com’s
services, agree to comply with baddak.com’s, and it’s
Providers (like: data centers …) Terms of Use (“TOU”). The purpose of the TOU
is to ensure customers are using baddak.com’s services with due regard to the
rights of other Internet users and in conformity with the requirements of baddak.com’s
network environment. The TOU are not exhaustive and baddak.com reserves the
right to add, delete, or modify any provision of its TOU at any time without
notice, effective upon either the posting of the modified TOU to www.baddak.com
or notification of the modified TOU. Any complaints about a customer’s
violation of the TOU should be sent to info@baddak.com. The TOU supersedes any
other agreement with baddak, whether written, oral, by conduct, or otherwise.
A.
baddak.com
Web Hosting & Reseller Customer Restrictions
B.
baddak.com
Dedicated Server Customer Restrictions
C. All baddak.com Customer Terms of Use
D. All baddak.com Customer Billing Policy
A. baddak.com Web Hosting & Reseller Customer Restrictions
The following Terms of Use apply ALL baddak.com’s Web Hosting and Reseller's,
and their customers, and supplement the terms in sections C and D that apply to
all baddak.com customers:
Reseller Accounts
baddak.com does not offer any direct support to our reseller's customers, that
is the sole responsibility of the reseller. If you are unable to resolve their
support issues, or it is beyond the scope of account privileges please submit a
trouble ticket to our support desk. You, the reseller, your customers or
clients, and any account which is hosted under your reseller account must abide
by baddak.com’s Terms of Use Policy.
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 plan. baddak.com will be the sole arbiter of what
is considered to be a high server usage level. All Web Hosting and Reseller
accounts come with a limit of 5,000 files per account. Each block of 5,000
files after the initial 5,000 will incur an additional charge of US $15/month.
Any Web Hosting and Reseller account deemed to be adversely affecting server
performance or network integrity will be shut down without prior notice.
Spamming
Sending unsolicited bulk and/or commercial messages over the Internet (known as
"spamming") is prohibited, regardless of whether or not it overloads
a server or disrupts service to baddak.com’s customers. The term
"spamming" also includes, but is not limited to, maintaining an open
SMTP policy, engaging in spamming using the service of another ISP or IPP and
referencing in the spam a web site hosted on a baddak.com server, and selling
or distributing software (on a web site residing on a baddak.com server) that
facilitates spamming. Do not advertise or put our link on any site that is
promoted in any way related to unsolicited email, ICQ or IRC spams, or newsgroup postings. Opt-in email newsletters
require pre-approval. Please be aware, MRG lists is
not acceptable, as well as, any other program that hides the sender email
address. We terminate sites without notification when any of these types of
programs are discovered.
First violations of this policy, if not suspended, will result in an
"Administrative Fee" of $75 and your account will be reviewed for
possible immediate termination. A second violation will result in an
"Administrative Fee" of $150 and immediate termination of your
account. Users who violate this policy agree that in addition to these
"Administrative" penalties, they will pay "Research Fees"
not to exceed $125 per hour that baddak.com personnel must spend to investigate
the matter.
baddak.com reserves the right to determine, in its sole and absolute
discretion, what constitutes a violation of this provision.
Bulk Email Policy
We also monitor "Bulk E-mail". Any mailing
over 2500 messages must be pre-approved. In addition, any email account sending
over 100 messages per day will be considered "Bulk". There are some
arrangements that can be made to accommodate a user with a large list which
includes extra fees and special mail scheduling software. There is a limit of
250 email per hour that each domain can send out
through SMTP. baddak.com reserves the right to determine, in its sole and
absolute discretion, what constitutes a violation of this provision.
IP Address Ownership
If baddak.com assigns Customer an Internet Protocol address for Customer's use,
the right to use that Internet Protocol address shall belong only to baddak,
and Customer shall have no right to use that Internet Protocol address except
as permitted by baddak.com in its sole discretion in connection with the
Services, during the term of this Agreement. baddak.com shall maintain and
control ownership of all Internet Protocol numbers and addresses that may be
assigned to Customer by baddak, and baddak.com reserves the right to change or
remove any and all such Internet Protocol numbers and addresses, in its sole
and absolute discretion. Our allocation of IP addresses is limited by ARIN's new policies. These new policies state that use of
IP addresses for IP based virtual hosts will not be accepted as justification
for new IP addresses. What this means to you is that you MUST use name-based
hosting where possible. We will periodically review IP address usage, and if we
find that clients are using IP addresses where name-based hosting could be
used, we will revoke authorization to use those IP addresses that could be used
with name-based hosting.
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. baddak.com does not permit CGI
script sharing with domains not hosted by baddak.com or any scripts that may be
abused for UCE purposes.
Chat Rooms
baddak.com does not allow Web Hosting and Reseller customers to install their
own chat rooms. Chat rooms tend to require significant system resources and
therefore cannot be permitted as an account option. baddak.com provides chat
rooms that meet most users' needs and run without hindering system performance.
Background Running Programs
baddak.com may allow programs to run in the background. These programs will be
considered on an individual basis and Web Hosting and Reseller customers will
incur extra charges based on system resources used and operational maintenance
needed. If you wish to run background programs please contact baddak.com at support@baddak.com
so that we can arrange set-up.
IRC
baddak.com does not allow IRC or IRC bots to be operated by Web Hosting and
Reseller customers. If an IRC program is discovered, immediate termination will
result without warning. The following processes are illegal on our servers and
will be killed automatically: BitchX, bnc, eggdrop, guardservices,
ircd, psyBNC, ptlink, or like services.
Multimedia Files
Multimedia files are defined as any graphics, audio, and video files. baddak.com
Web Hosting and Reseller 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
70% of its total usage, in terms of total size or number of files, will be
considered to be using an unusual amount of multimedia files.
Databases
Any
database stored on baddak.com’s Web Hosting and Reseller servers will be
limited in size to 10% of the total disk space allotted for that particular
domain's plan/web hosting account.
SSH/Telnet Access
SSH access to our server is granted on a limited basis. To obtain SSH access
you need to send sales@baddak.com a copy of the account holders photo ID. Also
include justification to why you need SSH access; we will then determine if we
will grant SSH access to you. There are very few valid reasons for granting SSH
access.
phpshell / cgitelnet scripts, like scripts are not allowed at all, for
any reason on our servers. Any website found with this script installed will be
immediately terminated. baddak.com reserves the right to determine, in its sole
and absolute discretion, what constitutes a violation of this provision.
System and Network Security
Users are prohibited from violating or attempting to violate the security of
the baddak.com Network. Violations of system or network security may result in
civil or criminal liability. baddak.com will investigate occurrences, which may
involve such violations and may involve, and cooperate with, law enforcement
authorities in prosecuting Users who are involved in such violations. These
violations include, without limitation:
Accessing data not intended for such user or logging into a server or account,
which such user 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 user, 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 forum posting.
Taking any action in order to obtain services to which such user is not
entitled.
Attempting to couple many hosting packages together to take
advantage of massive space or bandwidth allocations. Each hosting package
purchased is unique to a domain name and use - please do not purchase multiple
plans for instance to get the combined bandwidth & space. baddak.com will
stop such transactions and label them as deceptive. We have an upgrade path for
all services and we can often times work out special
deals for users if they ask us for the assistance.
Moreover
sharing the space of an account for multiple domains (ie:
sub-hosting websites) is not acceptable our approval should be gained first!
B. baddak.com Dedicated
Server Customer Restrictions
The following Terms of Use apply only to baddak.com’s Dedicated Server
customers, and supplement the terms in sections C and D that apply to all baddak.com
customers:
Customer Security Responsibilities
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.
IRC
baddak.com does not allow Dedicated Server customers the use of IRC inside the
baddak.com
network. If an IRC program is discovered, immediate termination will result
without warning.
Billing for Network 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.
C. All baddak.com Customer
Terms of Use
The following Terms of Use apply to ALL baddak.com customers, and all baddak.com’s
resellers customers:
Bandwidth
Customer agrees that bandwidth and disk usage shall not exceed the number of
megabytes per month for the Services ordered by Customer on the Order Form.
baddak.com
will monitor Customer's bandwidth and disk usage. baddak.com shall have the
right to take corrective action if Customer'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 baddak.com sole
and absolute discretion. If baddak.com takes any corrective action under this
section, Customer shall not be entitled to a refund of any fees paid in advance
prior to such action. In the event that a customer exceeds the included
allocation, baddak.com may, at its sole discretion, collect a deposit, in an
amount determined by baddak, against customer's credit card on file with baddak.com.
baddak.com Services
baddak.com’s services include, but are not limited to:
any act of preparing, setting up, connecting, maintaining, terminating, or
reconnecting customers’ account (including all billing data and the space on
the particular Web server that baddak.com provides to customers);
any use by customers, or any access provided to customers by baddak, of
computing, telecommunications, software, information, hardware, and equipment;
any act, or provision of any service, by baddak.com to customers, related to
web hosting and domain name registrations (including server usage and technical
support), regardless of duration and whether paid for or not;
any provision by baddak.com to customers, of any space, Internet connectivity,
or electrical power;
any access or use related to the baddak.com’s web site, including the web site
itself;
any other service mentioned in the TOU;
any other service provided by baddak.com to customers, whether used or not;
any other baddak.com services that are used by customers, whether offered or
provided by baddak.com to customers.
Ownership of Web Site
The legal owner of customers’ web sites and accounts with baddak.com will be
the individual or organization whose name is listed in baddak.com’s database as
the owner. Customers will fully cooperate with and abide by any and all of
baddak.com’s
security measures and procedures in the event of any dispute over ownership of
customers’ web sites and accounts with baddak.
Illegal Use
baddak.com servers may be used for lawful purposes only. Transmission, storage,
or distribution of any information, data, or material in violation of any
applicable law or regulation, or that may directly facilitate the violation of
any particular law or regulation is prohibited. This includes, but is not
limited to: copyrighted material; trademarks; trade secrets or other
intellectual property rights used without proper authorization; material that
is obscene, defamatory, constitutes an illegal threat, or violates export
control laws. Additionally, in purchasing baddak.com services, all baddak.com customers
certify that they and/or the organization they represent in procuring services
from baddak.com are not, nor have been designated, a suspected terrorist as
defined in Executive Order 13224; are not owned or controlled by a 'suspected
terrorist' as defined in Executive Order 13224; and are not on, are not a
member of, related to, associated with, or controlled by any organizations on
the list contained in the Annex to Executive Order 13224 and all updates
thereto.
Spamming
Sending unsolicited bulk and/or commercial messages over the Internet (known as
"spamming") is prohibited, regardless of whether or not it overloads
a server or disrupts service to baddak.com’s customers or even the number of
email sent. The term "spamming" also includes, but is not limited to,
maintaining an open SMTP policy, engaging in spamming using the service of
another ISP or IPP and referencing in the spam a web site hosted on a baddak.com
server, and selling or distributing software (on a web site residing on a baddak.com
server) that facilitates spamming. Violators will be assessed a minimum fine of
US$200 and will face immediate suspension. baddak.com reserves the right to
determine, in its sole and absolute discretion, what constitutes a violation of
this provision.
System and Network Abuse
Violations of system or network security are prohibited and may result in criminal
and civil liability. Examples of system or network security violations include,
without limitation the following: unauthorized access to or use of data,
systems or networks, including any attempt to probe, scan or test the
vulnerability of a system or network or to breach security or authentication
measures without express authorization of the owner of the system or network;
interference with service to any user, host or network including, without
limitation, mail bombing, flooding, deliberate attempts to overload a system
and broadcast attacks; forging of any TCP-IP packet header or any part of the
header information in an email or a newsgroup posting.
Viruses and Other Destructive Activities
Use of baddak.com’s services or equipment for creating or sending Internet
viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or
engaging in denial of service attacks is prohibited. It is also prohibited for
any customer to engage in other activity that is intended to disrupt or interfere
with, or that results in the disruption of or interference with, the ability of
others to effectively use baddak.com’s services and equipment (or any connected
network, system, service or equipment) or conduct their business over the
Internet.
Copyright Violations
The Digital Millennium Copyright Act ("DMCA") sets forth the law
regarding the use of copyrighted materials on the Internet. All baddak.com customers
are subject to the requirements of the DMCA. Individuals or entities submitting
notifications of copyright infringement by a baddak.com customer (per the DMCA)
to baddak.com must follow the below procedures. Copyright infringement
notifications submitted to baddak.com 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 baddak.com’s sole discretion.
DMCA Copyright Infringement Notification Requirements:
a. Signature of the copyright owner or a person authorized to act on the
copyright owner's behalf (the "Claimant").
b. Identification of the copyrighted work(s) claimed to have been infringed.
c. Identification of the material claimed to infringe the copyright(s), and
enough information for baddak.com to locate it including URLs and specific
descriptions of the infringing material at each URL.
d. The Claimant's name, address, and telephone number(s).
e. 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.
f. 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.
g. Mail the notification to: support@baddak.com
Adult Content
Adult Content and sex-related merchandising are not allowed on baddak.com servers
if not approved on!. This includes sites that may
infer sexual content or provide links to adult content elsewhere.
Child Pornography
The use of baddak.com’s services to store, post, display, transmit, advertise
or otherwise make available child pornography is prohibited. baddak.com is
required by law, and will, notify law enforcement agencies when it becomes
aware of the presence of child pornography on, or being transmitted through,
its services. This is also true for sites that promote any illegal activity or
content that may be damaging to our servers or any other server on the
Internet, or provide links to such sites.
Privacy
baddak.com is concerned with the privacy of on-line communications and web
sites. In general, the Internet is neither more nor less secure than other
means of communication, including mail, facsimile, and voice telephone service,
all of which can be intercepted and otherwise compromised. As a matter of
prudence, however, baddak.com urges its customers to assume that all of their
on-line communications are insecure. baddak.com cannot take any responsibility
for the security of information transmitted over baddak.com’s facilities.
Additional details on privacy and baddak.com’s use of customer information can
be found upon request.
Customer Responsibility
Customers are required to use the baddak.com network responsibly. This includes
respecting the other customers of baddak. baddak.com reserves the right to
suspend and/or cancel service with any customer who uses the baddak.com network
in such a way that adversely affects other baddak.com customers. While baddak.com
may monitor its service electronically to determine that its facilities are
operating satisfactorily, as a general practice, baddak.com does not monitor
its customers' communications or activities to determine whether they are in
compliance with the TOU. However, when baddak.com becomes aware of any
violation of the TOU or other user agreements, baddak.com may take any action
to stop or correct such violation, including, but not limited to, denying
access to baddak.com’s services and equipment or to the Internet. In addition,
baddak.com
may take action against a customer or a customer of such customer because of
the activities of such customer. baddak.com anticipates that customers who
offer Internet services will cooperate with baddak.com in any corrective or
preventive action that baddak.com deems necessary. Failure to cooperate with
such corrective or preventive measures is a violation of baddak.com policy and
baddak.com
reserves the right to take any such action even though such action may affect
other customers of the baddak.com customer.
Actions Taken by baddak
The failure by a customer to meet or follow any of the
TOU is grounds for account deactivation. baddak.com will be the sole arbiter as
to what constitutes a violation of the TOU. baddak.com reserves the right to
remove any account without prior notice and to refuse service to anyone at any
time. When baddak.com becomes aware of an alleged violation of its TOU, baddak.com
will initiate an investigation. During the investigation, baddak.com may
restrict a customer's access in order to prevent further potentially
unauthorized activity. Depending on the severity of the violation, baddak.com may,
at its sole discretion, restrict, suspend, or terminate a customer's web
hosting account, or resellers customers account and/or pursue other civil
remedies. If such violation is a criminal offense, baddak.com will notify the
appropriate law enforcement authorities of such violation. An unlisted activity
may also be a violation of the TOU if it is illegal, irresponsible, or
constitutes disruptive use of the Internet. baddak.com does not issue credits
for outages incurred through service disablement resulting from TOU violations.
Violators of the policy are responsible, without limitations, for the cost of
labor to rectify any damage done to the operation of the network and business
operations supported by the network, and to respond to complaints incurred by
baddak.
Indemnification
baddak.com customers agree to protect, defend, hold harmless, and indemnify
baddak,
any third party entity related to baddak.com (including, without limitation,
third party vendors), and baddak.com’s executives, directors, officers,
attorneys, managers, employees, consultants, contractors, agents, parent
companies, subsidiaries, and co-subsidiaries with the same parent company as
baddak,
from and against any and all liabilities, losses, costs, judgments, damages,
claims, or causes of actions, including, without limitation, any and all legal
fees and expenses, arising out of or resulting in any from the customer’s use
of baddak.com’s services.
Disclaimer
The baddak.com service is provided on an as is, as available basis without
warranties of any kind, either express or implied, including, but not limited
to, warranties of merchantability, fitness for a particular purpose or
non-infringement. baddak.com expressly disclaims any representation or warranty
that the baddak.com service will be error-free, secure or uninterrupted. No
oral advice or written information given by baddak, its employees, licensors or
the like, will create a warranty; nor may you rely on any such information or
advice. baddak.com and its partners and suppliers will not be liable for any
cost or damage arising either directly or indirectly from any transaction or
use of the service.
Termination for Bankruptcy or Insolvency
If a customer becomes insolvent or any bankruptcy petition is filed by the
customer, or any third party against the customer, baddak.com may immediately
terminate provision of baddak.com’s services to the customer without prior notice
or penalty. Such customer consents to the grant of relief from any
automatic stay of proceedings against baddak.com in such event.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, AND UNDER NO
THEORY OF LAW OR EQUITY, WILL baddak.com (INCLUDING, WITHOUT LIMITATION, baddak.com’s
EXECUTIVES, DIRECTORS, OFFICERS, ATTORNEYS, MANAGERS, EMPLOYEES, CONSULTANTS,
CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES, CO-SUBSIDIARIES WITH THE
SAME PARENT COMPANY AS baddak, AFFILIATES, THIRD-PARTY PROVIDERS, MERCHANTS,
LICENSORS, OR THE LIKE) OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR
DISTRIBUTING baddak.COM 's SERVICES, BE LIABLE FOR THE LOSS OF A DOMAIN NAME,
OR ANY BUSINESS OR PERSONAL LOSS, REVENUES DECREASE, EXPENSE SINCREASE, COSTS
OF SUBSTITUTE PRODUCTS AND/OR baddak.COM SERVICES, OR ANY OTHER LOSS OR DAMAGE
WHATSOEVER, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT
DAMAGES OF ANY KIND ARISING OUT OF ANY USE OF, OR ANY INABILITY TO USE, ANY
baddak.COM
SERVICES EVEN IF baddak.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. baddak.com’s TOTAL CUMULATIVE LIABILITY, IF ANY, TO CUSTOMER, OR ANY
THIRD PARTY, FOR ANY AND ALL DAMAGES, RELATED TO THE TOU OR baddak.COM 's
SERVICES, INCLUDING, WITHOUT LIMITATION, THOSE FROM ANY NEGLIGENCE, ANY ACT OR
OMISSION BY baddak.COM OR baddak.com’s REPRESENTATIVES, OR UNDER ANY OTHER
THEORY OF LAW OR baddak, WILL BE LIMITED TO, AND WILL NOT EXCEED, THE ACTUAL
DOLLAR AMOUNT PAID BY THE CUSTOMER FOR THE SERVICES WHICH GAVE RISE TO SUCH
DAMAGES, LOSSES AND CAUSES OF ACTIONS DURING THE 3-MONTH PERIOD PRIOR TO THE
DATE THE DAMAGE OR LOSS OCCURRED OR THE CAUSE OF ACTION AROSE.
Modifications
baddak.com may discontinue, upgrade, replace, modify, reset/change the
password, or change in any way, without limitation or notification to
customers, any software, application, program, data, hardware, equipment, or
portions or components thereof, used to provide customers with baddak.com’s
services. Certain changes to baddak.com’s services may affect the operation of
customers’ personalized applications and content. Each customer is solely
responsible, and baddak.com is not liable, for any and all such personalized
applications and content, except as expressly agreed to by baddak.
Backup of Data
Except where baddak.com has expressly agreed in writing to the contrary,
customers are solely and entirely responsible, and baddak.com is in NO way
responsible, for the management and backup of all customer data, and all
updates, upgrades, and patches to any software that customers use in connection
with baddak.com services. We will perform nightly backups of your sites,
however this is only for use in case of catastrophic incidents, and you are
responsible to all off site backups. The backups we perform are not available
to customers directly.
Third Party Licenses
baddak.com makes a reasonable effort to provide customers with technologies,
developments, and innovations (collectively “Technologies”), part of which may
be licensed, or co-branded, from or by, third party entities. However, baddak.com
makes NO warranty of any kind, either express or implied, regarding the
quality, accuracy, reliability, validity, or continued existence of any or all
aspects of such Technologies. Moreover, baddak.com specifically disclaims all
warranties of merchantability and and fitness for a
particular purpose for such Technologies. Furthermore, no customer will hold
baddak.com
liable in any way for the revocation of any license, which has been licensed to
baddak. The use of the Technologies obtained from or through baddak, or any
other referred third party, whether directly or indirectly, is at the sole risk
of customers.
Non-baddak.com Products
Any mention of non-baddak.com products by baddak, its
employees, or any third party entity related to baddak.com is for information
purposes only and does not constitute an endorsement or recommendation by
baddak. baddak.com disclaims any and all liabilities for any representation or warranty
made by the vendors of such non-baddak.com products or services.
baddak.com’s Intellectual Property
Customers will not, without baddak.com’s express written consent, copy,
reproduce, republish, or otherwise use any material, in whole or in part, that
is located on baddak.com’s web site, and customers will not use any of baddak.com’s
trademarks, service marks, copyrighted materials, or other intellectual
property without baddak.com’s express written consent. Customers will not, in
any way, misrepresent their relationship with baddak, attempt to pass
themselves off as baddak, or claim that customers are baddak.
Assignment
Customers may not assign or delegate their rights or obligations under the TOU
or other agreement for baddak.com’s services, either in whole or in part,
without the prior written consent of baddak.
Minimum Age Requirement
baddak.com customers must be at least 18 years of age. Any individual under the
age of 18 years (“Minor”) must have a parent or guardian accept the TOU in
order for the Minor to become a baddak.com customer. A parent or guardian who
accepts the TOU on behalf of a Minor will be primarily liable for ensuring
complete and proper compliance with the TOU, including the timely and full
payment of the charges for baddak.com services, and such primary liability will
continue even when the Minor has attained the age of 18, unless the parent or
guardian obtains baddak.com’s express written consent to the contrary. Any
acceptance of the TOU or any other agreement for baddak.com’s services will be
deemed null and void to the extent that baddak.com will not be liable in any
way as a result of the Minor’s age or legal incapacity or the Minor’s use of
baddak.com’s
services.
Governing Law and Severability
The TOU, and any other agreement for baddak.com services, will
be governed by and construed in
accordance with the laws of the State of
Force Majeure
baddak.com will not be liable for delays in its performance of the TOU or baddak.com
services caused by circumstances beyond baddak.com’s reasonable control,
including acts of God, wars, insurrection, civil commotions, riots, national
disasters, earthquakes, strikes, fires, floods, water damage, explosions,
shortages of labor or materials, labor disputes, transportation problems,
accidents, embargoes, or governmental restrictions (collectively “Force Majeure”). baddak.com will make reasonable efforts to
reduce to a minimum and mitigate the effect of any Force Majeure.
Notwithstanding anything contained elsewhere herein, lack of finances will not
be considered an event of Force Majeure nor will any
event of Force Majeure suspend any obligation of
customers for the payment of money due.Waiver and AmendmentAny waiver, modification, or amendment of any
provision of the TOU or other agreement for baddak.com services, initiated by a
customer, will be effective only if accepted in writing and signed by an
authorized representative of baddak.
Independent Contractors
Nothing in this Agreement will be construed as creating a partnership or
relationship of employer and employee, principal and agent, partnership or
joint venture between baddak.com and its customers. Each of baddak.com and its
customers will be deemed an independent contractor at all times and will have
no right or authority to assume or create any obligation on behalf of the
other, except as may be expressly provided herein.
Construction and Interpretation
Wherever in this TOU the masculine, feminine, or neuter gender is used, it will
be construed as including all genders, and wherever the singular is used, it
will be deemed to include the plural and vice versa, where the context so
requires. The division of the TOU into sections/paragraphs, and the insertion
of headings/captions, are for convenience of reference only and will not affect
the construction or interpretation of the TOU. Any rule of construction to the
effect that any ambiguity is to be resolved against the drafting party will not
be applicable in the construction or interpretation of the TOU.
Complete Agreement and Exclusivity
The TOU, and/or any other specific agreement for baddak.com services,
constitutes the complete understanding and agreement between baddak.com and its
customers. Except when expressly agreed to the contrary in
signed writing by an authorized representative of baddak, the TOU supersedes
any other written (including digitized/computerized) agreement, oral agreement,
and/or agreement by conduct. This TOU, and/or any other specific
agreement for baddak.com services is between baddak.com and its customers only
and will not confer any rights in any third party except as otherwise expressly
provided by baddak.
D. All baddak.com Customer Billing Policy
The following Terms of Use constitute baddak.com’s Billing Policy and apply to
ALL baddak.com customers:
Payments
All charges are shown in US Dollars. Payments are to be made in US dollars.
baddak.com
accepts many types of payment
All payments are due on the Account Statement Date. The Account Statement Date
is the monthly or yearly anniversary of the date the account was activated. If
you provide baddak.com your credit card information, you authorize baddak.com to
automatically charge your credit or debit card for charges that apply to your
account. Recurring charges will be posted to your credit card or paypal account until such time that you cancel your account
in accordance with baddak.com’s Billing Policy in the TOU. You are responsible
for directly updating, or notifying baddak, of any changes to your credit card
(including, but not limited to card number, expiration date, billing address,
or card status).
Accounts that are two (2) days past due will be automatically suspended. For
resellers if you are (3) days past due all your accounts will be suspended,
unless desided otherwise by baddak.com.
Sites suspended for non-payment, may be required to pay up to an entire year in
advance before being un-suspended and/or pay a $30.00 re-activation fee, per incident.
In addition, all fees due, must be collected before re-activation. Accounts
that are not collectable by baddak.com may be turned over to an outside
collection agency for collection. If your account is turned over for
collection, you agree to pay the company a "Processing and
Collection" Fee of not less than $50, but no more than $200.
Billing Cycles (Terms)
baddak.com offers a monthly and yearly Billing Cycles (terms) for hosting
charges. The Billing Cycle begins on the Plan Activation Date.
All additional features added to an account might be charged monthly or yearly
defined by baddak.com. Additional items are non-refundable.
Account Renewals
In order to insure uninterrupted service to your website, all plans will
automatically renew at the end of the plan’s Billing Cycle. Plan renewal
charges are based on the original plan/package rate on the date of renewal
according to the service selected. Plans are renewed for the same billing
cycle. If you wish to cancel your plan before plan renewal, please refer to the
Cancellation section below.
Statements
baddak.com does not mail paper invoices or statements. We will notify you 3
days prior to billing your account, this is a reminder for your records, once your account is billed you will get an email notice of
payment from the payment processor.
Moreover
baddak.com might email you digital sample invoices, statements, or quotation if
requested by the clients. No hard copy is to be sent unless decided so by
baddak.com.
Fees
Credit Card Chargebacks
A $50.00 chargeback fee will be assessed for each credit card chargeback
received by baddak.
Reactivation
Customers that wish to reactivate a closed account will be assessed a $30
reactivation fee. A $200 fee will be assessed if baddak.com restores your data
files to your reactivated account.
Hosting Plan Changes
Customers electing to change to a lower priced hosting plan might be charged a
$30 downgrade fee. There is no upgrade fee for upgrading to a higher priced plan;
however, you will be charged any difference between original package plan rate
and the new package plan rate.
Upgrading Hosting Plans & Hosting Specials
baddak.com regularly runs specials on hosting and reseller packages. If you
have purchased a hosting or reseller package from baddak.com and within the
first 30 calendar day's of that account baddak.com offers a special on the same
named package or plan that you have purchased you can have your features
upgraded or altered to match the features of the special offer.
If your account is older than 30 calendar days, you will have to upgrade your
hosting/reseller plan to receive the special and it's
additional features. If a hosting and/or reseller plan offers a reduced price
anytime after you purchase your account, you will have to upgrade your current
plans to receive the special offer pricing and features.
Cancellations
Hosting plans will automatically renew until a plan is
cancelled. In order to cancel service, you must contact baddak.com’s Billing
Team, at sales@baddak.com. baddak.com’s billing representatives will assist you
with the cancellation process. Please be aware that there are no pro-rated
refunds after the first 30 days of service.
Cancellation requests must be received by baddak.com a minimum of thirty (30)
days prior to the end of your Billing Cycle for dedicated server plans and of your Billing Cycle for all other
plans. Cancellations submitted later than this time may result in automatic
renewal of your hosting plan and/or a cancellation fee. Cancellations become effective on the day
processed by baddak. baddak.com is unable to cancel your account effective for
a future date. baddak.com will confirm the cancellation request when it is
processed. If you do not receive a confirmation, please contact baddak.com as
soon as possible.
If you request to cancel your account within the first 30 days of service and
request a refund, we will close your account immediately once the refund is
processed.
baddak.com usually does not monitor, and will not automatically cancel, plans
for problems related to domain name transfers, non-usage, Internic,
your ISP, or any other secondary issues not directly related to baddak.com’s
services unless notified. Cancellation of services does not relieve the
customer from paying any outstanding balance owed on the account. baddak.com reserves
the right to cancel any account, at any time, without notice, for any reason
baddak.com
considers appropriate.
30 Day Money Back Guarantee
Each of baddak.com’s shared hosting plans and reseller hosting plans carries a
30-day unconditional money back guarantee. If you are not completely satisfied
with our services or support within the first 30 days, you will be given a full
refund of the fees paid in advance (excluding setup fees) upon plan
cancellation. The following services do not qualify for the 30 Day Money Back
Guarantee: additional items and services; domain name registration/transfers;
dedicated servers; items and services ordered through the reseller program such
as, but not limited to, WHMAutoPilot, ClickCartPro ; domain parking plus; and overage fees.
All plans that include a FREE SSL certificated are required to make payment for
their SSL certificate if they cancel their account within the first 90-days of
service with baddak. Rates for those Certificated will
be determined at time of cancellation, and dependent on the type of SSL
Certificate which was offered. Any accounts which include special software such
as, but not limited to, WHMAutoPilot, or ClickCartPro, and cancel their service within the first 30
days are required to make a one month lease payment for use of that software.
This will be deducted from any refund amounts due customer.
Performance and Uptime Guarantee
baddak.com guarantees that the network will be available 99% of the time in a
given month, excluding scheduled maintenance and circumstances beyond our
control (i.e. down routers, faulty hardware, DoS
attacks, web site configuration issues, mis-configured
customer scripts and applications, etc.). Therefore after network downtime of
437.76 minutes per month baddak.com Network will refund 100% of the next months
hosting fee.
What others host don't tell you.
How is the 437.76 minutes calculated? There are 365 days per year divided by 12
months in a year = 30.4 days per month. And there are 60 minutes in an hour, 24
hours in a day or 1440 minutes in one day. So 30.4 days per month times 1440
minutes each day is 43776 minutes per month. 1% of that is 437.76 minutes a
month, or 7.2 hours a month.
This guarantee applies to the network connectivity and server uptime, but does
not apply to "acts of god" or "war" or other issues outside
of our control. If you have a dedicated server through our network, the same
To be eligible for this
Refund Policy
Refunds are only available in accordance with the 30 Day Money Back Guarantee.
Refunds will be provided in the same payment method of the original payment.
There are no refunds offered or promised after 30 days.
Credit Card Disputes/Chargebacks
baddak.com has a zero tolerance policy for chargebacks.
Any customer who disputes a credit card payment is subject to a fine,
suspension and account termination at baddak.com’s discretion. A charge of $50 per
chargeback will be assessed to all accounts that receive a chargeback.
Billing/Price Changes
baddak.com’s policies and prices are subject to change without notice. Any
price changes will only affect new accounts, or upgrade/downgraded/canceled accounts.
Miscellaneous Provisions
You must provide us with, and keep current, good contact information for you.
Address, e-mail, fax, and telephone contacts are used, in that order of
preference.