Terms Of Use
Upon signing up for Batesville Computing Web Hosting, all customers agree to comply with all Batesville Computing Web Hosting Terms of Use and Acceptable Use Policies, and accept all published Disclaimers in this document and elsewhere throughout the Batesville Computing web site. The spirit of this policy is to ensure our customers are using Batesville Computing services with due regard to the rights of other Internet users and in conformity with the requirements of Batesville Computing Hosting network environment.
The word "customer" when used in this site refers to any user of our services, whether paid hosting or free NPCS nonprofit hosting. It may be used interchangeably with the phrase "hosting account holder".
FORUM
Batesville Computing posts information, relating to hosting, domain registrations, server issues, maintenance, and more on our newsroom page. This page is where the most up-to-date information and announcements can be found. All hosting account holders are responsible for checking the forum frequently, paying particular attention to the Announcements section. Anything posted on this page by "Batesville Computing" shall be immediately as valid and binding as anything posted in the TOS/AUP on this page.
VALID EMAIL REQUIRED
The web hosting account holder is responsible for ensuring that a valid, ISP-based email address is on file in the hosting account's corresponding Member Account at Batesville Computing, at which the account holder can and does receive all communications from us without delay. If the customer is using filtered email or an ISP that filters email, it is customer's responsibility to ensure that all email "@batesvillecomputing.com" is on the customer's email filter safe list or whitelist, to prevent emails from us from being incorrectly filtered into customer's junk mail folder/s or falsely tagged as spam/junk and ignored. We MUST be able to communicate dependably with our account holders. Failure by any account holder to provide or maintain a valid email address in his/her member account at which the member can and does receive and read all emails sent to him/her by us may result in immediate termination of all services. The hosting account holder is also responsible for maintaining valid updated email contact information, for which to receive server notices regarding bandwidth or disk space, or announcements from us pertaining to major server issues.
ILLEGAL AND/OR UNACCEPTABLE USE AND OTHER PROHIBITED CONTENT
Batesville Computing Hosting 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 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, constitutes an illegal threat, promotes or condones any illegal activity, or violates export control laws.
Examples of unacceptable content, redirects, or links include sites that condone, promote, or encourage: pirated software; spyware, viruses, or trojans or programs that install them; hacker programs or archives; Warez sites; MP3 file sharing; illegal activities or products; HYIP, High Yield Investment programs, High-Yield Interest programs, Bank Debentures and Bank Debenture Trading Programs, Prime Banks Programs, or similar sites; Ponzi, MLM, Pyramid, Cash Gifting, and/or similar "biz op" schemes, programs, or sites that are grounded in no product or service but require recruiting many people in order for the financial rewards to be realized; gambling and/or betting; pharmacy or prescription related sites; link grinder, link farms, link farm scripts, search engine link-spamming or related sites; and IRC bots.
Those who choose to access the Batesville Computing
Services from outside the United States do so on their own initiative and
are responsible for compliance with US laws and also to their own local
laws, if and to the extent that local laws are applicable. Services are
further subject to
ADULT CONTENT
Adult-oriented sites are not allowed to be associated with any Batesville Computing server. This includes but is not limited to sites, redirects on sites, or links that are associated with nudity, sex, bestiality or child pornography; or sites, redirects, or links which promote hate against any group ("hate groups"). Hosting accounts containing sites, redirects, or links of such nature will be removed immediately and you will not be refunded. This is also true for hosting accounts containing sites, redirects, or links that promote any illegal activity or content that may be damaging to our servers or any other server.
MINORS
Batesville Computing does not provide services to minors. If you are under 18 years old, you may use our services only with involvement of a parent or guardian. All accounts for minors must be in the name of the parent or guardian and must be with the parent or guardian's full consent. Additionally, all such accounts must be closely supervised by the parent or guardian to ensure that all Terms of Service and Acceptable Use Policies are complied with.
SECURITY
Here at Batesville Computing we take server security very seriously. Violations of system or network security are prohibited and may result in criminal and civil liability. Examples include but are not limited to the following: unauthorized access, use, probing, or scanning of systems security or authentication measures, data, or traffic; interference with service to any user, host, or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system, broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting. Additionally, any evidence of disregard for server security by a Batesville Computing customer will result in immediate termination of that customer's hosting account.
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 over their share of limits will be given one or more of the following options: to pay additional fees (which will depend on the resources required), reduce the resources used to an acceptable level, upgrade its service plan, or terminate service and move to a different host.
Warning: Use of mailing lists can cause high/runaway CPU and memory resource use especially with large lists. Frequent or heavy use of mailing lists, or mailing to lists containing many email addresses, will probably result in our notifying you that your hosting account will be terminated unless you stop using your list/s on our servers. Additionally, use of any mailing list without double opt-in to send bulk email, or commercial or advertisement email of any kind will result in immediate permanent unrefundable and unrevocable termination of your hosting account.
URL MISAPPROPRIATION
Batesville Computing Hosting provides each account holder an IP-based or servername-based URL (http://12.34.567.89/username/ or http://servername.hostname.com/username/ --examples only; these are not real URL's) for temporary use for purposes of uploading and testing of web pages during the DNS propagation process. However using the IP or servername URL takes its resources from the entire server and not from the domain's actual hosting account. For this reason we do not allow IP or servername URL use as a substitute for having the hosting account work off the hosting account domain name. Additionally we do not allow ANY sites to use the IP or servername URL as a substitute for having a real, working domain with properly pointed name servers for the hosting account.
Any web site whether NPCS or paid, which is found to be using the IP or servername for its URL on any of its pages or scripts after a reasonable amount of time has passed for the domain's DNS to have resolved to the assigned name servers for the hosting account, is subject to immediate suspension without prior notice. Likewise any hosting account which is found to be using the IP URL or servername URL for any kind of redirect will also be suspended and/or terminated.
SCRIPTS
Script sharing with domains not hosted by Batesville Computing, or with free NPCS accounts hosted at Batesville Computing, is not permitted. For example you may not provide in any form (web site, emails, etc.) a CGI or PHP script URL which you are using in your hosting account for the benefit of another site on another hosting service, or in a free NPCS hosting account, so that they/you may utilize on the other web site the CGI or PHP script which is installed in your account. Nor may a Batesville Computing account be used for the purpose of "catching" or capturing emails generated by a script used on another site. Any CGI, PHP, or other script deemed to be in violation, or adversely affecting server performance or network integrity, will be shut down without prior notice and without refund.
If the customer uses any third party scripts, it is the customer's responsibility to ensure that the script is securely written and kept updated with all necessary security patches if applicable. Web hosting service does not include the unpacking, rewriting, patching, or reprogramming of your scripts for you. Any script, file, and/or directory found to be insecure will be immediately disabled without notice. Depending upon the severity of the issue, the hosting account may also be suspended and will be subject to suspension and reactivation fees. Additionally, as part of reactivation, all insecure or potentially insecure directories, scripts, and/or files in the hosting account will be deleted and/or permanently disabled by us at the time of reactivation.
BACKGROUND RUNNING PROGRAMS AND CRON JOBS
Batesville Computing Web Hosting will allow programs to run in the background. These programs will be considered on an individual basis and customers may incur extra charges based on system resources used and operational maintenance needed. If you wish to run background programs please submit a written request letting us know what kind of cron/s you want to run and expected resource use.
IRC
Batesville Computing does not allow IRC or IRC bots to be operated on our servers.
UCE (Unsolicited Commercial Emails or Advertisements) / SPAM / Bulk Mailings / List Mailings
Batesville Computing has a zero tolerance policy for spam. Spamming, the sending or attempted sending of unsolicited commercial or advertisement email, OR of bulk/mass or list emails from or through a Batesville Computing server; or about any web site on a Batesville Computing server; or by using an email address or script that is maintained on a Batesville Computing machine; or spamming chatrooms, newsgroups, bulletin boards, and/or forums with unsolicited advertisements for any domain hosted by Batesville Computing, is STRICTLY prohibited. Batesville Computing Hosting will be the sole arbiter as to what constitutes a violation of this provision. Generally as regards email, if commercial, advertisement, or bulk/mass email of any kind is to be sent out by a Batesville Computing Hosting Account Holder or by any agent representing Account Holder's site, Account Holder MUST use double-opt-in. This means the sender (Account Holder) must have in possession verifiable proof (e.g. server logs, documents, etc.) that the email recipient requested to receive commercial, advertisement, or bulk email specifically from that Hosting Account Holder, and this request must additionally be verified by a return confirmation email from the potential subscriber using the same email address that was submitted by the subscriber to the list. If a return confirmation email from the intended recipient is not on file with the Hosting Account Holder for a subscriber of ANY email list specifically for the purpose of receiving email from that Hosting Account Holder, then there is no way of verifying that the recipient actually requested commercial, advertisement, or bulk email from the Account Holder. An auto-responder to the email recipient does not constitute proof of double-opt-in. Commercial, advertisement, or bulk email sent or attempted to be sent, to any unverified recipient by/for the Account Holder will be considered to be spam.
If a hosting Account Holder or his/her agent sends or attempts to send commercial, advertisement, or bulk email to addresses on a bought, leased, or rented email list or "safelist" whether opt-in or not, this too will be considered spam or attempted spam. Account Holders are also in violation of this provision if they engage in spamming using the service of another ISP or IPP, but reference in the spam or bulk mail a web site hosted on a Batesville Computing server. Additionally, use of insecure scripts allowing spam to be sent from any hosting account will not be tolerated. Violators of spam restrictions will be assessed a minimum fine of $40.00 and will face immediate suspension or termination (deletion) of the entire hosting account. Accounts terminated for spamming will not become re-eligible for hosting on any Batesville Computing server.
In addition to double-opt-in, all email to any list must contain instructions telling the recipient how he/she may be removed from the list. Any request for removal must be immediately honored.
As regards unsolicited posting of advertisements in forums, chatrooms, newsgroups, and bulletin boards (hereby all referred to as "Forum"), if posting such unsolicited advertisements for web site/s is against the Forum TOS, such advertisement if posted by a Batesville Computing account holder will be considered by us to be spam.
SUMMARY: A Batesville Computing Hosting Account Holder may generate an email subscription list by inviting people to sign up for a specific email list at his/her own web site. However, any person who signs up for that list must confirm their subscription directly to Hosting Account Holder by returning a confirmation email from the submitted email address. This confirmation email back from the subscriber is the Batesville Computing Hosting Account Holder's only proof that the subscriber is indeed the person who requested to be on the list for the purpose of receiving commercial, advertisement, or bulk email from the Account Holder. It is only after receiving this confirmation email that the Batesville Computing Hosting Account Holder (or agent) may send commercial, advertisement, or bulk email to the subscriber.
AUTOMATIC EMAIL FORWARDING
While Batesville Computing Services provides email forwarding service as part of every paid hosting account, this may be used only for local forwarding of email within the hosted account, or to another email address hosted on the same server. Automatically forwarded mail cannot be filtered, but is rather just relayed on. In order to protect our servers from being blacklisted as spam relayers, automatic off-server forwarding or relaying of email off the server is strictly prohibited. address.
Example:
OK: admin@yournewsitename.com forwards to joe@yournewsitename.com and/or to joedoe@yournewsitename.net IF the .net address is an addon domain INSIDE this same hosting account, or is hosted on the same server.
NOT OK: admin@yournewsitename.com forwards to joe@hotmail.com or to any email address that is not part of your actual hosting account.
EMAIL AUTO-RESPONDERS
Although we allow email auto-responders in paid hosting accounts, we expect user to exercise common sense when applying them. Auto-responders tell spammers that they have reached a live, valid email address. Spammers LOVE auto-responders. Live email addresses found this way are sold by spammers to other spammers as "confirmed" email addresses. This exponentially increases the volume of incoming spam. Therefore, any hosting account that uses auto-responders simply for the purpose of announcing to the sender that the email has been received, or that the recipient will reply soon, or similar, is subject to removal of such auto-responders by us without notice. We do not want our servers to be spam magnets, and use of auto-responders for nothing but an auto-reply is foolish. If you have questions about whether an auto-responder is acceptable, please submit a helpdesk ticket specifying what kind of autoresponder you wish to have approved.
SERVER ABUSE
Any attempts to undermine or cause harm to a Batesville Computing server or customer are strictly prohibited.DATABASES
Any database (MySql or otherwise) stored on Batesville Computing servers shall be limited in size to 50% of the total disk space allotted for that particular domain's web hosting account. For multi-domain hosting, the total database space used by all domains on the hosting account shall not be more than 50% of the total disk space allotted to the hosting account.
TERMS OF PAYMENT
Cancellation requests will ONLY be considered valid if received 6 days or more prior to the next renewal date, and, for security purposes and to authenticate the request, via our Support ticket/Help Desk system, or sent to us by email originating from an email address which is already on file in our records for the owner of the hosting account. Telephone requests and Contact Form requests for cancellation will not be accepted, due to the impossibility of authenticating such requests. Customer shall be responsible for payment in full of all recurring hosting invoices generated through such time as the hosting account is terminated via a valid cancellation request. Because Batesville Computing must pay non-refundable transaction fees on all payment transactions, we will not issue refunds for hosting renewals already paid for.
Batesville Computing accepts payment for all paid Hosting Packages by credit card (MasterCard or Visa) After the initial hosting order, hosting invoices are sent to the customer via email 5 days before each next payment due date.
CUSTOMER'S RESPONSIBILITIES
The web hosting customer is responsible for ensuring that a valid credit card is on file with Batesville Computing depending on the payment method chosen at signup, that sufficient funds are in the customer's account to cover payments on time each billing cycle, and that a valid email address is on file in the corresponding Member Account for the hosting account at Batesville Computing, at which the customer can receive billing communications and all other communications from us. If the customer is using filtered email or an ISP that filters email, it is customer's responsibility to ensure that all email "@batesvillecomputing.com" is on the customer's email filter safe list, to prevent automated emails such as recurring Invoices, Overdue Notices, etc. from being incorrectly filtered into customer's junk mail folder/s or falsely tagged as spam/junk and ignored. We MUST be able to communicate dependably with our customers. Failure by any customer to provide or maintain an email address at which the customer can receive all emails sent to him/her by us may result in immediate termination of all services.
If we must send an "Overdue Invoice" notice to the customer via email, this means that for whatever reason we have not received payment. This is usually caused by the customer not setting up recurring payments, or if recurring payments are set up may be caused by insufficient funds, an overcharged credit card, invalid or mismatched credit card address information, or several other possible reasons. Regardless of the reason or cause, if customer has been sent an Overdue Invoice, it is the customer's responsibility to login at our site and attempt payment immediately. If payment fails again at that time, the customer should submit a written request to make payment arrangements.
Any customer with an Overdue Invoice shall not be eligible for support of any kind except as relates to making payment. Additionally, any new order placed by a customer with an Overdue Invoice in his/her account is subject to being refused and voided without processing.
MASTERCARD AND VISA USERS:
If a chargeback or payment reversal results, the related invoice will become unpaid. Any payment that results in a chargeback will cause the customer's Member Account with us to be immediately suspended, and a $25.00 suspension fee will be applied to the account. In addition, a $25.00 chargeback fee will be added to the original invoice on which payment was reversed. The services and/or items associated with the invoice will not be restored to the customer until the original invoice, chargeback fees, and suspension fees are all confirmed to be paid in full.
PAYING BY CHECK
Orders paid by check will not be considered to be paid until the check has cleared. This usually takes about 5 days. If the customer chooses to pay hosting invoices via check, the customer is responsible for ensuring that payment is made in time for the payment to clear before or on the due date. Since recurring hosting invoices are sent 5 days before the due date, this means the customer must initiate payment immediately upon receipt of the invoice so that the check clears by the due date.
SUSPENSION FOR NONPAYMENT
If payment is not received and fully cleared within one week (seven days) of the due date, the hosting or internet account will be suspended.
Suspension of a hosting account results in the visible web site being replaced with a page which states that the web site has been suspended, and renders all hosting account functions (email, ftp, etc.) inoperable.
SUSPENSION/REACTIVATION FEES
Hosting accounts which have been suspended for any reason are subject to a Suspension/Reactivation Fee. A $25.00 fee will be assessed on each suspended hosting account and must be paid in full along with any balance due before the suspended hosting account will be unsuspended and reactivated. The suspension/reactivation fee is non-negotiable and nonrefundable.
If more than one hosting account is included on an invoice and the invoice is overdue, ALL hosting accounts for that invoice are subject to suspension, and the reactivation fee must be paid for EACH hosting account.
If an account is suspended, and the customer wishes to retrieve his/her files from his/her site for cancellation, this must be done within two weeks of the suspension date. The $25.00 suspension/reactivation fee is still required to be paid and payment must be fully cleared before the hosting account will be made available to the customer. Once the account is reactivated for cancellation file retrieval, the customer has three days (72 hours) to retrieve his/her own files. After the 72 hour period is over, the hosting account will be permanently deleted.
Any hosting account that is suspended for nonpayment will not be reactivated for continued hosting until both the suspension/reactivation fees and all past due fees for the hosting subscription are paid for, AND payment has fully cleared.
Late payment/s will not extend the billing cycle of any hosting account. For example if a payment is due on the 10th day of every month but goes into Overdue status and is not paid until the 30th day of a month, the next due date will still be the 10th day of the following month.
TERMINATION FOR NONPAYMENT
Any hosting account which has an open/unpaid invoice which still remains unpaid one calendar month after the due date is subject to permanent termination of the hosting account without further notice to the customer. Termination is different than suspension, in that termination results in complete deletion of the hosting account from the server.
Any hosting invoice which is terminated by us for Nonpayment shall be fully reportable to credit agencies as a bad debt, and the customer will no longer be in good standing or eligible for further services with us.
Batesville Computing at its discretion may make any number of additional attempts to collect delinquent payment/s after the due date, and may turn delinquent accounts over to a Collection Agency.
BACKUPS AND DATA STORED ON OUR SERVERS
Batesville Computing keeps backups for archive purposes only. Batesville Computing does not warrant that the backups will be current or usable for customer data recovery. While we attempt to maintain accurate and current backups, we cannot and do not warrant them to be fit or up-to-date. It is the customer's sole responsibility to maintain current backups of their data. This may be done via FTP. You agree that at no time will Batesville Computing be held liable for faulty backups or data stored on our servers. Batesville Computing and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any failure of backups or corruption or loss of data stored on our servers.
RESTORATION OF HOSTING ACCOUNTS FROM SERVER BACKUP:
With the above caveat, restoration of a hosting account may be possible from a server backup, but server backups are only retained for a maximum of one month on any server. Server backups are performed nightly, weekly, and monthly, providing a maximum of three possible backup versions in existence for any hosting account. Server backups are NOT performed immediately prior to termination; therefore, the most recent backup may not be the most appropriate. Restoration of any hosting account shall require all of the following fees to be paid prior to account restoration:
1. Payment of any delinquent invoice/s associated with the hosting account, if any. This includes payment of past-due invoices that were voided by us as uncollectible at the time of termination.
2. Payment of any suspension/reactivation fees and/or penalties associated with the hosting account, if any.
3. Payment of a $40.00 backup restoration fee, for tech time involved in recovery of the hosting account from backup drive/s.
A hosting account holder may request server backup restoration of a hosting account by submitting a written request from the member/customer account which owned the terminated hosting account. We will not restore a hosting account to anyone except the person/member who owned the hosting account at the time of its termination. The user should specify whether the most recently-available nightly, weekly, or monthly backup is preferred. Individual dates for backups may not be specified as these may not exist. Invoice/s for the required charges will be manually generated and sent to the customer. Once all charges are paid in full, restoration will proceed. Please Note: Hosting account backup restoration includes the entire hosting account. Restoration of only specific files and/or directories is NOT possible. Batesville Computing does not guarantee the functioning or condition of any hosting account restored from a server backup, only that the account will be restored in its entirety exactly as it was at the time that server backup was performed.
Any hosting account that has been terminated for more than one month shall not be eligible for reactivation or restoration on any Batesville Computing server.
Batesville Computing reserves the right to refuse service to any customer, current or previous, who has a history of delinquent or late payments or of any TOS/AUP violations.
ACTIONS TAKEN BY Batesville Computing
Batesville Computing performs security and fraud checks on all customers before setting up accounts. Batesville Computing will be the sole arbiter of what constitutes a security risk or a fraud risk. Batesville Computing reserves the right to refuse service to any customer or any party for any reason without requirement of explanation. If Batesville Computing declines or refuses an order for hosting service before the requested hosting order is filled, Batesville Computing will refund any legitimately-paid monies paid by customer for that hosting order.
The failure by a customer to meet or follow any of the above Terms of Use or Acceptable Use Policies will be grounds for account deactivation. Batesville Computing will be the sole arbiter as to what constitutes a violation of the Terms of Use. Although we give notice whenever possible, Batesville Computing reserves the right to remove any account without prior notice especially in cases of TOS (Terms of Service) violations which put our servers at risk, or if the site features illegal, pornographic, hate group/racist content, security risks and/or fraudulent content, or any content which has the potential to harm any other person or computer, or the reputation of Batesville Computing.
When Batesville Computing becomes aware of an alleged violation of its Terms of Use, Batesville Computing will initiate an investigation. During the investigation, Batesville Computing may at its discretion restrict a customer's access in order to prevent further potentially unauthorized activity. If a violation is determined to have occurred, depending on the severity of the violation Batesville Computing may, also at its sole discretion, restrict, suspend, or immediately terminate and delete a customer's web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, Batesville Computing will notify the appropriate law enforcement authorities of such violation.
CREDITS AND REFUNDS
Batesville Computing does not issue credits or refunds for outages incurred through service disablement resulting from Terms of Use violations. Neither does Batesville Computing issue credits or refunds for unused time or services in hosting packages or hosting add-ons cancelled by customers. Pre-stocked funds or prefilled/refilled accounts are likewise not refundable.
No credits or refunds shall be issued to any customer for problems that are not a direct result of server malfunction on the part of Batesville Computing hosting servers. Problems encountered by customer as a result of customer's (or customer's representative) inexperience, error, ignorance, incorrect browser settings, customer's operating system’s, third-party software or scripts whether on the server or on customer's computer, proxy or firewall settings, or by any other cause not directly related to Batesville Computing server malfunction issues, shall not merit refund, credit, or compensation.
DISCLAIMER
Batesville Computing customers agree to indemnify and hold harmless Batesville Computing from any claims resulting from the use of our services that damages them or any other party. Batesville Computing service is provided on an as is, as available basis. Batesville Computing expressly disclaims any representation or warranty that the Batesville Computing service will be error-free, secure or uninterrupted. In cases of outage the client's sole remedy will be a pro-rated credit based on the period difference of downtime and Batesville Computing’s promised up time. No oral advice or written information given by Batesville Computing, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. Batesville Computing and its partners and suppliers will not be liable for any costs or damages arising either directly or indirectly from any transaction or use of the service. Batesville Computing is also not liable or responsible for any costs or damages arising from content contained in or posted on any customer's web site; nor will Batesville Computing arbitrate any dispute between parties about content in any web site.
MODIFICATION
Batesville Computing reserves the right to change these Policies without prior notice or warning. Non-enforcement of any part of these Policies does not constitute consent.