TOS/AUP policy

Ok, we have all kinds of "legalize" here (Acceptable use policy and Terms and Conditions). As a consumer, it is your responsibility to read it. To summarize:


ACCOUNTS CAN BE REFUSED AND/OR DISCONTINUED AT BEACHCOMBER-CREATIONS DISCRETION.

This is a very careful and secure company and WE WILL check your customer input to confirm your information.

Any irregularities will be cause for refusal. We do not have instant activation for this reason. but we do have HIGHLY satisfied customers on a clean service as a result!

No IRC's, BNC's, Eggdrops, Unauthorized SHELL programs, HYIP or PROXY sites, or Torrents Illegal or blatantly offensive material or Spamming from a site or server. Period. No Exceptions at any time for any reason. Customers who LOAD (Proof of use or public display NOT required) these programs or materials on any server will be terminated without recourse and billed (including penalties) and further pursued to THE FULLEST EXTENT of the LAW, including but not limited to lawsuits against the individuals responsible.

Spamming using other resources with links directed back to sites on our servers IS involving us in the spamming not unlike using our actual server and can be grounds for termination without recourse.

Support Restrictions:
Beachcomber Creations will make every effort to support information for configuring popular network/web software to use internet services. However we can in no way specifically test every piece of software that could conceivably be utilized with our systems, only provide general system-related information. The offer of any particular service does not constitute an obligation on Beachcomber Creation's part to tutor the necessary skills to utilize that service, only to provide system-specific information.

Beachcomber will no longer support the installation of any SSL's other than its own. Now I know you are all thinking .. "they are just trying to get a new revenue stream and make more money on us"..and if so...you have not looked at our SSL prices..[;->. For the time spent, we lose money on them BUT...we never have to go back and debug them, or fix them after they have been improperly installed 7-8 times (what a mess that makes)...etc. So in the interest of simplicity, consistency and most important of all...keeping the tech time properly used...This is our company policy

Payments
Establishment of this service is contingent upon receipt of payment from Customer to Beachcomber Creations Inc. Subsequent payments are due on the anniversary date of the month for that months service. Any setup fees will be charged full setup fee pricing, and are applied at time of initial request of such services.

Accounts will be billed 5 days in advance for the month of service. If you sign up and receive service today, we will bill you today for the next 30 (or 28/31) days for service. No refunds will be processed without "cause" . Accounts are invoiced 4 days in advance of payment processed. You will be notified by e-mail to the address you signed up with for services of success or failure. If billing fails and we are unable to process payment for over 5 days we will suspend services without further notice. If we are still unable to collect 10 days past payment due date we reserve the right to terminate the account and all files on our services without recourse. Beachcomber Creations may temporarily deny service or terminate this Agreement upon failure of Customer to pay charges when due. Such termination or denial will not relieve Customer of responsibility for the payment of all accrued service fees, or any collection fees. Accounts that are not collectable by Beachcomber Creations will be turned over to an outside 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 Fifty($50.00) nor more than One Hundred, Fifty ($150.00).

Beachcomber Creations accepts MasterCard and Visa, Discover and PayPal as payment options. We will not accept company or personal checks or wire transfers.

Uptime Guarantee:
If your website and/or email becomes unavailable due to reasons at our facility (or related), we will offer a refund for the amount of time lost regardless of duration of downtime for any reason NOT related to customer error up to 100% of monthly charges refunded.

CANCELLATION POLICY:
We offer a 30 day money back guarantee for cause on all hosting, reseller and dedicated services plans. Cause is any demonstrated failure on our part to deliver services purchased. If you can provide us with a reason that we failed to provide the services you purchased from us we will be more than happy to give you a refund. Secure server certificate and domain registration fee's ARE NOT REFUNDABLE

CANCELLATIONS MUST BE PROVIDED THROUGH OUR PORTAL 7 DAYS IN ADVANCE OF DISCONTINUATION OF SERVICES FOR SHARED, RESELLER, AND VPS PLANS, AND 30 DAYS IN ADVANCE FOR DEDICATED SERVERS. Again, Pro-rated refunds for monthly billing are not given so be sure that we know your intention to leave within these timeframes.

To cancel, please go to https://beachcomber.net/billing/ and login with your billing credentials.

Once there, click on "My hosting packages"

Once the next window opens, click on "View Details" to the far right of the service you want to cancel on the same line.

From there on the bottom of the page you may cancel services.

Privacy Statement:
Beachcomber Creations follows the strict guidelines of our customer privacy statement. Please make sure you understand this statement fully. Please click HERE to read the privacy statement.

Hosting only Customers:
Please remember, your unlimited E-Mail Services and/or subdomains are for YOUR use. They are not intended to be used for re-sale or promotional offerings.

Acceptable Use Policy (AUP)
Use of Beachcomber Creations Service constitutes acceptance and agreement to Beachcomber Creations AUP as well as Beachcomber Creations TOS (Terms of Service).

Beachcomber Creations Inc reserves the right to revise, amend, or modify this AUP, our TOS (Terms of Service) and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our TOS (Terms of Service). All users of Beachcomber Creations Internet services, and their clients, must comply with this AUP and our TOS (Terms of Service).

We support the uncensored flow of information and ideas over the Internet and do not actively monitor subscriber activity under normal circumstances. Similarly, we do not exercise editorial control over the content of any web site, e-mail transmission, newsgroups, or other material created or accessible over or through the services, except for certain proprietary Web sites. However, in accordance with our TOS (Terms of Service), we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP. Beachcomber Creations Inc may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. Your violation of this AUP may result in the suspension or immediate termination of either your Beachcomber Creations account or other actions as detailed below without notice, based upon the nature of the violation. As noted on the site, legal Adult Content is allowed.

This document is intended to provide a basic understand of Beachcomber Creations Acceptable Use Policy. The following are guidelines for the establishment and enforcement of Beachcomber Creations AUP. If a Beachcomber Creations account violates this Acceptable Use Policy or our TOS, we reserve the right to terminate your service without notice. While we prefer to advise customers of inappropriate behavior and any necessary corrective action, We must reserve the right based on the nature of the violation to take any and all corrective actions ourselves including immediate termination of service.


The following constitute violations of this AUP:

1. Illegal Activities
Beachcomber Creations services may not be used for illegal purposes, or in support of illegal activities. Beachcomber Creations reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.

2. Harm or Endangerment to other people
You may not use Beachcomber Creations service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography, or use Beachcomber Creations service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.

3. Forgery or impersonation
Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.

4. Unsolicited E-mail, News Bombing (SPAM)
Use of the Beachcomber Creations service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type will result in the immediate suspension of the offending Beachcomber Creations account. Spam complaints will be sent to the e-mail address on file. Failure to respond to complaints within a 24 hour timeframe will result in the Beachcomber Creations staff suspending the offending account by whatever means necessary. Should the account become re-activated without the express written consent of Beachcomber Creations, the offending account will be immediately terminated, and may result in suspension / termination of the server itself. Anyone hosting websites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server immediately removed from our network. The server will not be reconnected until such time that you agree to remove any and all traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been completely removed. Severe violations may result in immediate and permanent removal of the server from our network without notice to the customer. Any server guilty of a second violation will be immediately and permanently removed from our network without notice. Malicious intent to impede another person's use of electronic mail services or news will result in the immediate termination of the offending Beachcomber Creations account.

Beachcomber Hosting and Reseller servers have a hard limit of 1000 e-mails per hour and day and no more than 2000 per week. Sites the exceed these limitations will be suspended for no less that 24 hours and subject to termination at Beachcomber's option.

5. Shoutcast, SafeList's and Gaming and FREE website hosting companies
Prohibited for Hosting, Reseller and VPS Customers ONLY (Does not apply to Dedicated Servers other than legal restrictions), see below:

6. Torrents and 777 permissions folders
Prohibited on ANY Beachcomber Services, see below:
Beachcomber Creations will allow Double opt-in Safelists, Shoutcast and Gaming as long as they are on their own dedicated servers. These types of sites use a great deal of resources and can't be supported through our website, reseller or VPS programs. We also require that these list be carefully policed and comply with all state (Massachusetts) and federal (United States) law (regardless of where the site ownership is located). Failure to abide by these laws constitutes a violation of our TOS/AUP and termination will be enforced without exception or limits.
On ALL servers, any and all 777 Folders in /home/public_html/*.* folders are NOT allowed, regardless of (badly written) software requirements. You can use 755 without issues for almost all softwares available.

7. Copyright or trademark infringement
Use of the Beachcomber Creations service to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software. Use of the Beachcomber Creations service to collect, or attempt to collect, personal information about third parties without their knowledge or consent. Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.

8. Network disruptions
Use of the Beachcomber Creations service for any activity which affects the ability of other people or systems to use Beachcomber Creations Services or the Internet. This includes "denial of service" (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. Beachcomber Creations will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data. Beachcomber Creations, does not allow the hosting of IRC, IRC Bots, or eggdrops or Unauthorized SHELL programs on our network. Accounts found hosting this material will be subject to immediate cancellation without refund. Use of the Beachcomber Creations service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Beachcomber Creations or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending Beachcomber Creations account is subject to immediate termination.

9. Security
You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server.

10. Network Security
Beachcomber Creations accounts operate on shared network resources. Excessive use or abuse of these resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in termination of your account.

REPORTING VIOLATIONS OF Beachcomber Creations AUP
Beachcomber Creations requests that anyone who believes that there is a violation of this AUP direct the information to the Abuse Department at abuse@beachcomber.net if possible, please provide the IP address used to commit the violation, date and time of the violation, and evidence of the violation.

Beachcomber Creations will charge a $200.00 site clean-up fee for any abuse of the terms listed above PLUS, ALL TIME AND RESOURCES TO TRACK AND TRACE ABUSE WILL BE BILLED AT BEACHCOMBERS $75.00 PER HOUR.

Terms of Service (TOS)
All Terms and Conditions of this TOS (Terms of Service) our AUP (Acceptable Use Policy) and SLA may be modified at our sole discretion without prior warning. Changes to this TOS does not constitute grounds for early contract termination or non-payment. Please check back regularly for any updates.

Use of Beachcomber Creations Service constitutes acceptance and agreement to Beachcomber Creations Inc AUP (Acceptable Use Policy) as well as Beachcomber Creations TOS (Terms of Service). From herewith in this TOS, AUP, and SLA, the usage of us, we, our, ours shall constitute reference to Beachcomber Creations, the usage of you, your, they, them shall refer to client / customer of Beachcomber Creations.

Acceptance of Contractual Agreement
1. Client agrees that by placing an order either by means of electronic ordering (web order form) and receipt of such order by Beachcomber Creations, that you are agreeing to our TOS, AUP, and SLA. No Modifications of said contract by customer is allowed.

2. Beachcomber Creations will provide, and Customer will purchase and pay for, the Services, and service fees specified in the Order for the applicable Service Description. Customer acknowledges that the service, and service fees have been communicated to the customer, and that they are aware of all applicable charges as per contract, AUP, SLA, and TOS. Customer also understands that any promotional offers unless specified in contractual terms will not be applicable to their individual service.

3. In connection with any Hosting Services, if Customers actual bandwidth usage in any month exceeds allotted amount, specified in Customers contract, Customer will pay Beachcomber Creations any additional fees as specified in the Service Description.

Litigation and Legal Action
The client agrees that for purposes of venue and jurisdiction the understanding regarding services was entered into and performed in Erie County, NY, and any dispute will be litigated or arbitrated in Erie County, NY. Customer further waives all objections to venue or jurisdiction and acknowledges that venue and jurisdiction in any such litigation will be held in Erie County Courts.

Beachcomber Creations - SLA
Hosting, Reseller and Dedicated services are defined as servers and server space that is rented to Clients. This service is to provide the clients with knowledge and overview of the server. From time to time security updates, patches, kernel upgrades, and System Administration may be performed free of charge. In addition to these services System Administrator may make recommendations to improve the overall performance, security, and updates to the service. At the sole discretion of the System Administrator any installation, configuration, or tuning of the server may be considered billable, and you will be notified and requested to approve any additional charges. Any Support not included with your dedicated server, will be subject to a $75 an hour labor fee, billed in ½ hour increments during office hours between 9:00am 5:00pm M-F (EST). Beachcomber Creations Inc reserves the right to perform maintenance, security checks, or management without client initiating such request. Beachcomber Creations Inc does not take responsibility for the overall security of servers.

Network Outages or Unscheduled downtime is any unplanned or unscheduled interruption in Service availability during which Client is unable to access the services. A Network Outage is defined as a period in which 100% packet loss to our network is experienced, which is determined to have been caused by a problem within the network as confirmed by Beachcomber Creations. Downtime or outages are measured as the total length of time of the unplanned interruption in service availability in a calendar month.

Scheduled Downtime is any Beachcomber Creations scheduled interruption of Services, for the purpose of network upgrades, or replacement of any equipment in order to provide for you better service. Scheduled downtime occurs during notified downtime periods, with as much advance warning as possible via e-mail and/or forum post.

Beachcomber Creations will refund the customer 200% of the value of the time of service (up to 100% of your monthly fee) for network downtime. Network downtime is measured from the time the network is 100% unreachable, until service is once again restored. In order to request a performance credit, you must E-mail us within 10 days of reported violation. SLA violations will be reviewed by our personnel Monday - Friday 9AM to 5PM EST.

* Network violation SLA credit does not cover server hardware failure. *

Performance Credit exclusions:
The following are excluded from the monthly calculation of Service Availability:

1. Scheduled downtime
Problems outside of Beachcomber Creations network (upstream providers, or clients inbound connection) not effecting 100% loss to our network. Interruptions or failure of individual service caused by client, their employees, clients customers, etc. to their service. These include inaccurate configuration, 3rd party software, client abuse or over utilization of resources, hacked servers, attacks, exploits, or server hardware failures.

2. Server Hardware for Dedicated, or Co-Located Servers
Hardware is defined as the Processor(s), RAM, hard disk(s), motherboard, NIC card and other related hardware included for Dedicated Servers, and switches for Co-Located Servers, unless client provides their own switch.

Replacement is defined as returning the server to original configuration when it was purchased. If hardware failure causes corrupted Operating System, Data Files, or Configuration of server, Beachcomber Creations will restore the system to original state.

Beachcomber Creations is not responsible for the restoration of data to server. We strongly recommend that your purchase backup options for your server, and keep copies of your data off-site with you for emergency purposes. If hardware failure and data loss occurs, you the client are responsible for data restoration. Beachcomber Creations shall not be liable for loss of data under any circumstance.

If the server is compromised and a NEW OS and/or Cpanel re-install must be performed for security reasons Beachcomber Creations Inc will charge a $75 fee to restore the system.

* Hardware SLA violations do not cover network violation *

3. Client Configuration Issues
Interruptions or failure of individual service caused by client, their employees, clients customers, etc. to their service. These include inaccurate configuration, 3rd party software, client abuse or over utilization of resources, hacked servers, attacks and exploits.

Warranty/Limitation of Liability:
Customer hereby agrees that Beachcomber makes no warranties, express or implied and Customer hereby waives any claim based upon any breach thereof. Customer further agrees that Beachcomber shall not be liable for any consequential, indirect or punitive damages arising out of any breach, delay or default in performance of this Agreement, and in any event, the amount of damages due from Beachcomber to Customer shall never exceed, and shall be limited to, a credit allowance of all payments made to date of claim, but not to exceed one (1) months' service fee at current rates. Beachcomber's liability arising out of mistakes, accidents, omissions, interruptions, delays, or defect in transmission, including those which may be caused by regulatory or judicial authorities, shall in no event exceed the amount of the credit allowance, if any, available under this Section. Without limiting the foregoing, Beachcomber shall have no obligation to provide alternative routing with respect to any Service provided pursuant to this Agreement. IN NO EVENT SHALL Beachcomber BE LIABLE TO CUSTOMER OR ANY OTHER PERSON, FIRM OR ENTITY IN ANY RESPECT, INCLUDING, WITHOUT LIMITATION, FOR ANY DAMAGES, EITHER DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, ACTUAL, PUNITIVE, OR FOR ANY OTHER DAMAGES, OR FOR ANY LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, ARISING OUT OF MISTAKES, NEGLIGENCE, ACCIDENTS, ERRORS, OMISSIONS, INTERRUPTIONS OR DEFECT IN TRANSMISSION, OR DELAYS, INCLUDING, BUT NOT LIMITED TO, THOSE WHICH MAY BE CAUSED BY REGULATORY OR JUDICIAL AUTHORITIES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE OBLIGATIONS OF Beachcomber PURSUANT TO THIS AGREEMENT. Beachcomber MAKES NO WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY, AS TO THE DESCRIPTION, QUALITY, MERCHANTABILITY, COMPLETENESS OR FITNESS FOR ANY PURPOSE FOR THE SERVICE OR LOCAL ACCESS, OR AS TO ANY OTHER MATTER, ALL OF WHICH WARRANTIES BY Beachcomber ARE HEREBY EXCLUDED AND DISCLAIMED.

INDEMNITY BY CUSTOMER:
CUSTOMER AGREES TO RELEASE, HOLD HARMLESS, DEFEND AND INDEMNFIY Beachcomber, ITS SUBSIDIARIES, EMPLOYEES AND AGENTS FROM ANY CLAIMS, DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, OR ANY OTHER LIABILITY ARISING FROM CUSTOMER'S USE OF Beachcomber's SERVICES AND FACILITIES PROVIDED TO CUSTOMER UNDER THIS AGREEMENT, EVEN IF Beachcomber HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES, INCLUDING PAYMENT OF Beachcomber's REASONABLE ATTORNEY'S FEES.