If a BeTheHost account is used to violate the Acceptable Use Policy or our TOS, we reserve the right to terminate your service without notice. We prefer to advise customers of inappropriate behavior and any necessary corrective action; however, flagrant violations of the Acceptable Use Policy will result in immediate termination of service. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time.

Non-Acceptable Content:

All services provided by BeTheHost may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, unlicensed software or files, or material protected by trade secret and other statue. The subscriber agrees to indemnify and hold harmless BeTheHost from any claims resulting from the use of the service, which damages the subscriber or any other party.

Note: Pornography and sex-related merchandising are prohibited on any BeTheHost servers "except on VPS Servers" even if its legal pornography and sex related. This includes sites that may infur sexual content, or links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to BeTheHost servers or any other server on the Internet. Also any Links to such materials are also prohibited.

Examples of non-acceptable content that clearly in violations include, without limitation, the following:

1. 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.

2. Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network.

3. Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks.

4. Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.

5. Use of BeTheHost service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.

6. Unsolicited commercial e-mail / Unsolicited bulk e-mail (SPAM) Use of BeTheHost service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type will result in the immediate termination of your account.

7. BeTheHost policy on child pornography is zero tolerance. BeTheHost will cooperate fully with any criminal investigation into a Customer's violation of the Child Protection Act of 1984 concerning child pornography. Customers are ultimately responsible for the actions of their clients over the BeTheHost network, and will be liable for illegal material posted by their clients. According to the Child Protection Act, child pornography includes photographs, films, video or any other type of visual presentation that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years or any written material or visual representation that advocates or counsels sexual activity with a person under the age of eighteen years. Violations of the Child Protection Act may be reported to the U.S. Customs Agency at 1-800-BEALERT

8. You may not post or link to Pirated software, Illegal MP3\'s", Hackers programs or archives, Warez Sites or Adult or Child Pornography sites. Even if you link to a site and it links to any of the site list here, you will be in violation and your account will be suspended. If you want to host adult images, video's, ect you must purchase a VPS Server.

9. It is absolutely forbidden to host an IRC server that is part of or connected to another IRC network or server. Shared, Reseller, VPS Servers found to be connecting to or part of these networks will be immediately removed from our network without notice. The server will not be reconnected to the network until such time that you agree to completely remove any and all traces of the IRC server, and agree to let us have access to your server to confirm that the content has been completely removed. Any server guilty of a second violation will result in immediate account termination. You will not be given any refund or credit if you get caught with IRC on your server.

10. Link Farm sites to run a search engine type site are not allowed on our servers, this includes google, yahoo, msn adware search only site. Any site found running a site will be suspended per these rules.

11. You are not permitted to store multimedia files are defined as any audio and video files that are not owned / copyright protected by You the user for the purposes of distributing. If you have permission to uses the audio or videos, please have the owners contact our customer service department.

12. Shared accounts may not resell web hosting to other people, if you wish to resell hosting you must use a reseller account

13. You may not use our services to send denial-of-service (DOS) attacks to any computer or network, or to “flood” any computer or network

14. You may not host any type of HYIP, autosurf, proxy, or bit torrent, PPC ( pay per click ) sites on our servers.

15. You may not host any type of PPC script ( pay per click ) type sites on our network.

16. Starting your own RSS feed system / scripting service to share your feeds to other networks or clients is not allowed on our servers. You are feed to have a Google, Yahoo, MSN, ect. feed as long as your not hosting the core script to start your own.

17. You may not use our service to offer any free services including but not limited to free hosting, free email service, free blogging service, free home pages, free image hosting, search engines interface or for large file downloading sites.

BeTheHost will be the sole arbiter as to what constitutes a violation of this provision.

Unlimited Traffic/Hits & Server Resource Usage:
BeTheHost is pleased to offer our Managed Virtual Hosting clients unlimited traffic/hits, and server usage. Unlimited Traffic/Hits refers to the number of visitors to your website, NOT the amount of bandwidth/data transfer. Your account is still limited to the alotted bandwidth data transfer included with your selected package. To maintain the integrity of our service the following traffic usage limitations apply to Managed Virtual Hosting accounts.

* Sites with banners, graphics or cgi's running from their domain being used on other domains.
* Sites with immense graphic archives or galleries.
* Sites offering immense download archives, such as .zip, .tar, .ra and .gz.
* Sites running large chat rooms or forums. *see below for more information about special servers and how to:
* Sites using more than 10% of system resources

If you do not qualify for unlimited traffichits, your account may be required to be upgraded, or, BeTheHost may move your site to a different server, to reduce the load on the server you are currently residing. BeTheHoste will be the sole arbiter as to what constitutes a violation of usage limitations. Bandwidth data transfer will go unmonitored until you reach your account limit, then normal over-usage data transfer costs will apply. At any time AllsafeOnline may move your site to a different server, to reduce the load on the server you are currently residing.

Chat Rooms:
BeTheHost does allow Managed Virtual Hosting clients to install their own chat rooms. However, these tend to be large system hogs and may fall into the usage limitations clause. We do provide a html based cgi chatroom that runs without hindering the performance of the machine for others. You are free to run your own chat script, as long as it does not hinder server performance.

Software Piracy:
BeTheHost does allow Software Piracy to be conducted on our network. You may not offer software backup services that copy copyrighted CD's, DVD's, Scripts, Games, Operating Systems, Ect. Software piracy is the unauthorised copying or distribution of copyrighted software. This can be done by copying, downloading, sharing, selling, or installing multiple copies onto personal or work computers. What a lot of people don't realise or don't think about is that when you purchase software, you are actually purchasing a license to use it, not the actual software. It is that license that tells you how many times you can install the software, so it's important to read it. If you make more copies of the software than the license permits, you are pirating.

Large Forums:
BeTheHost does allow Managed Virtual Hosting clients to install their own forum that they purchased or any one of our pre-installed forums. However, please understand you are not allowed to run huge size forums on any Managed Virtual Hosting Plan. We don’t recommend running any forums with over 40-60 users online at once because it will hinder server performance and will most likely cause you to be in violation of the 10% resource usage policy. Please keep in mid that the 10% resource is for spikes and you cannot keep your site running at 10% more then 5-10 minutes max.

Few tips on having a good forum:
1. Keep user post simple and don't allow images to be posted in there signatures
2. Try to keep for post small and clean with no tags.
3. Clean out old post that are posted as junk stuff like 1 posters that post HI, Hello, Ect.
4. Keeping the user and DB as small as possible as larger MySQL will cause high server load due to read time, also keep your files up todate.

If we do find you running a huge forum using more then 10% resources in long term we will try to send you an email first and then if no action is taken we can suspend your site until you contact our sales department to discuss the problem. Please understand if your site is causing a huge problem, it will just be suspeded without warning and you will have to contact us to see why.

Background Processes/Programs
BeTheHost may allow Managed Virtual Hosting client's programs to run continually in the background, these are considered on a one to one basis and a extra charge may be incured based on system resources used and operational maintenance needed.

Cron Jobs:
BeTheHost does allow Cron Jobs to be conducted on our Managed Virtual Hosting servers with limites set below.

1. The job must not execute more often than once every two hours.
2. No user may run cron scripts for the benefit of external sites or services.

This policy exists to reduce server load by prohibiting behavior which can cause problems.
However, it does still allow reasonable usage of cron.

IRC:
BeTheHost does not allow IRC or IRC bots to be operated on our servers. This includes link to IRC and Eggdrop scripts. If your server or account is found running or storing any type of IRC your account will be suspended without any warning. You will be required to contact our abuse department to see how to get your account re-activated. If its your 2nd offence then your account will be remove from our network and never placed back online. We only give 1 warning.

Backups:
BeTheHost performs daily backups on all servers to ensure critical files are never lost. However BeTheHost is NOT responsible for lost data, time, income or any other resource due to faulty backups or non-existent backups. Due to the nature of hard drives having errors or issues we can not ensure 100% recovery, however we will always strive to recover 100%. Please always backup your own data for redundancy.

Multiple Connections:
BeTheHost does allow multiple telnet and ftp sessions, on a single hosting account. Multiple computers/networks are permitted on BeTheHost Dedicated Access accounts.

Idle Timeouts:
BeTheHost may disconnect any idle connection to the network.
Average timeouts are:
FTP - 600 seconds
Telnet - 1/2 hours

Commercial Advertising - Email:
Spamming, or the sending of unsolicited email, from a BeTheHost server or using an email address that is maintained on a BeTheHost machine is STRICTLY prohibited. For general reference, we consider spam any email that is sent to more than 10 people at a time that did not ask for it to be sent to them.
BeTheHost will be the sole arbiter as to what constitutes a violation of this provision. Please make an effort to limit outgoing mail on your account to no more than 40-50 pieces per hour and are preferred to be sent from the hours of 12AM - 8AM EST.

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.

Server Abuse:
Any attempts to undermine or cause harm to a BeTheHost server or customer BeTheHost is strictly prohibited. BeTheHost will pursue legal action to the fullest extent for all abuse of the BeTheHost Network.

Please understand that any account that fails to follow the rules can be charged $50.00 per abuse.

Ip Numbers
Bethehost maintains control and any ownership of any and all I.P. numbers and addresses that may be assigned to the client and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses.

Suspension/De-Activation:
If any terms or conditions are failed to be followed it will result in grounds for account suspension or de-activation. BeTheHost reserves the right to remove any account without prior notice. If BeTheHost deactivates your account(s) for violating policy, your will forfeit your rights to refund and none will be given. No refunds for advance payments, on de-activated accounts. Normal policy is a warning first, and account de-activation the second offense. Serious offenses may cause immediate de-activation.

VPS Backups
Bethehost takes no responsibility for backing up the data held on a VPS, We do backup the VPS core, but can't guarantee the backup. The customer will ensure they maintain accurate backups to be used in the event of hardware failure or other causes of data loss.BETHEHOST DOES NOT PROVIDE BACKUP FACILITIES FOR VPS ACCOUNTS AND ALL BACKUPS ARE THE RESPONSIBILITY OF THE CUSTOMER.

You can purchase backup services to help ensure account information.

VPS MANAGEMENT
Bethehost will manage the server (or "node") and the underlying architecture (OpenVZ) and take all possible actions to ensure that the VPS is accessible. Management of individual VPS services is the responsibility of the customer. If you don't know how to fully manage a VPS you should order Our Full Management Services.

Basic Manaement Includes the follow: Basic Setup, Control Panel Installation & Updating, Basic Initial Security Hardening, Firewall Installation, /tmp directory hardening, Site Transfering. 1 VPS port Monitoring.

Full Manaement Includes the follow: Basic Setup, Control Panel Installation & Updating, Basic Initial Security Hardening, Firewall Installation, /tmp directory hardening, Site Transfering, 3rd Party Monitoring, Night & Weekly Updates, 24-7 Automated 24-7 Monitoring & server rebooting, 24-7 Remote Hands.

Money Back Guarantee:
Regular Hosting Clients - Should you become unsatisfied with our services within the first 30 days of your account activation, BeTheHost will refund your hosting fee, no refunds on domain names. Please understand that if you pay with PalPay or Authorized they both charge a transaction fee. This fee is not refundable and will de deducted from all refunds per our policy..

If you do any PayPal or Credit Card Chargebacks against us we have the right to suspend your account without 30 day refund. If you are within the 30 day refund, please use the ticket system to request a refund.

Individual Reseller's and Bulk Reseller's - In the event that you become unsatisfied with our services within 30 days of your reseller account activation, only your initial account fees will be refunded. Once you have added a resold account to your Reseller Plan you will no longer qualify for the money back guarantee/refund. BeTheHost cannot be HELD LIABLE for any fees that you charge your clients.

No Refunds are given on VPS or Dedicated Servers "once you purchase, there is NO REFUND”, We only give customer credit if we don't meet the uptime guarantee listed below, if you feel that we did not meet the uptime please contact the sales department and they will sent you a form that you will have to fill out. We have the last say as what gets credit and what does not.

If you are found running IRC or any other material that’s not permitted you will not get a refund period. Your server will be suspended and will notify have to submit a ticket to our abuse department.

BeTheHost does not refund fees for domain names that you have ordered. Once you hit the buy button there is no refunds.

Any accounts cancelled/terminated by BeTheHost for violation of our Acceptable Usage Policy do not qualify for the 30-day money back guarantee. Only first-time accounts are eligible for a refund. If you have had an account with us before, canceled it then signed up again, you will not be eligible for a refund. We can request at anytime a signed TOS/AUP and Credit Card Processing Form from any user:
All shared, resellers or dedicated clients may be required to sign and fax the Terms of Service (TOS) / Acceptable Use Policy (AUP) and our Credit Card Processing Form . If we require you to sign these, you will have 5 days to complete these form and either fax or mail them back to us. We also have the right to stop all services until we receive these forms signed and returned to BeTheHost.

These form can be found here in PDF format- TOS & AUP Forms - Credit Card Form

If you have any questions about these forms, please contact our billing department

Billing
All Customers must pay in full for the Services before BeTheHost begins to provide the Services to Customer. Invoices are generated 3 days before renewal and the customer agrees that if paying by credit card, recurring billing will be billed and charged automatically on the date the invoice is generated and that BeTheHost may apply the amount you agree to during the signup to the credit card listed on file. Payment is due on the defined monthly recurring billing date of each month.

All returned checks will be charged a $25.00 service fee. Service will be interrupted on accounts that reach 5 days past due.

If you order Services using PayPal you agree that PayPal will bill you every 30 days. To cancel a PayPal subscription you must log into your PayPal account and follow their instruction on how to cancel a subscription. Once you cancel your subscription at PayPal you authorize us to terminate your account on BeTheHost servers.

Any uncollected funds for Services on the BeTheHost Servers will be turned over to an outside agency for collection.

Uptime Guarantee:
BeTheHost strives to maintain a 99.5% network and server uptime service level. This uptime percentage is a monthly figure, and is calculated solely by BeTheHost monitoring systems or BeTheHost authorized/contracted outside monitoring services. If BeTheHost fails to meet it's 99.5% 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. BeTheHost does not credit a full month's service for minor downtime. This would not be financially healthy for BeTheHost, and in turn would only negatively affect the service level BeTheHost provides to you. "Partial refunds for partial downtime" is our standard policy. In extreme circumstances, BeTheHost may distribute full month credits, but this is dealt with on a case by case basis. Details on how credit amounts are calculated can be found below.

Exceptions:
Customer shall not receive any credits under this SLA in connection with any failure or deficiency of the BeTheHost network caused by or associated with:

Limitation Of Liability
Bethehost shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Bethehost servers going off-line or being unavailable for any reason what so ever. Further, Bethehost shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Bethehost servers. All damages shall be limited to the immediate termination of service.

Bethehost shall be the sole arbiter of what is and is not a violation of these acceptable use policies. Bethehost reserves the right to terminate an account at any time and for any reason that causes harm to any Bethehost customer's web sites. Bethehost reserves the right to delete all content and files upon termination. Bethehost reserves the right to withhold any pre-paid funds for any site removed for violations of these policies. Bethehost reserves the right to refuse, cancel, or suspend service at our sole discretion.

By using any BeTheHost services you fully agree to all our policies on our site, this includes Terms Of Service (TOS) and our Acceptable Use Policy (AUP).

Bethehost reserves the right to change these Policies without prior notice or warning. Non-enforcement of any part of these Policies does not constitute consent.

Violations of these Policies should be referred to Abuse Department. If you have any questions, please open a ticket.

All complaints will be investigated promptly.