BibiHost, here forth referred to as the “Provider”, introduces a worldwide set of services. The Provider allows the public to freely purchase and utilize these mentioned services, however; its clients, the users, are to abide by the regulations of this agreement. Infringement may result in immediate termination, suspension, or even a fee.

Illegal use
The Provider’s servers may not contain any illegal content. This includes, but is not limited to:

- Unauthorized distribution or copying of copyrighted software or other data
- Harassment
- Phishing
- Fraud
- Warez on servers
- Open proxy
- Hate groups
- Nazi forward organizations
- Racism
- IRC networks (applets are allowed).
- Rapidleech kind of sites
- Child pornography
- Illegal “black hat” hacking, and
- Anything that may be deemed illegal in the European Union and USA.

In the case of infringement, accounts will be suspended/terminated without prior warning. Backups and refunds will NOT be provided.

Security

Clients are responsible for the security of their accounts. While we keep the servers secured and updated, clients are supposed to keep their scripts and applications up to date.

We are not responsible if a client’s account is hacked because of unsecure/non updated scripts.

If we find malicious code on a client’s account we reserve the right to suspend/cancel the account.

Spam
Bibihost understands that bulk email is an important mechanism for keeping people informed. However, spamming from our network, and spamvertising (unsolicited advertising of) sites hosted on our network, is prohibited. Legitimate bulk email meets the following criteria:

* ALL recipients have confirmed willingness to be added to a distribution list by clicking on confirmation links or (preferably) by responding to verification emails.
* Distributed messages include valid headers, removal instructions, and information on the method by which the subscribed addresses were obtained.

The usage of partially confirmed recipient lists is not allowed. All bulk email senders must post privacy policies and must be clearly identified to recipients during the subscription and confirmation process. The usage of third-party distribution lists is prohibited. If Bibihost approaches a client for evidence of confirmation, the request must be honored within 24 hours of the initial spam alert. Deactivation of an account or service may be required, until proof of confirmation is provided and approved. Bibihost reserves the right to require termination of any services involved in the transmission of unsolicited email. If any activities lead to blacklisting, the involved client/reseller may be charged an abuse fee of $100.00.

Billing
Money will not be compensated if a payment term is cut short.

If customer A were to order Plan B on an annual cycle, and customer A decides to stop using the service after 4 months, under this agreement, he will NOT be compensated for the remaining 8 months.

Once an invoice becomes overdue, the Provider reserves the right to suspend or cancel the service at anytime.

Accounts removed due to a violation of this agreement, will not be subject to a refund.

All overdue invoices will be charged a late fee.

All dedicated server reinstallations (OS reload) will be billed $30.

Money Back Guarantee
We don’t provide any kind of money back, we provide free trial accounts instead. You can try for free our services (shared and reseller accounts only) and then decide if move to a paid account or not.

Indemnification
Under this agreement, the customer indemnifies the Provider for any violation of this Terms of Service (ToS) that results in loss to the Provider or the bringing of any claim against the Provider by any third-party.

This means that if any legal action is used against the Provider because of a customer’s or a customer of a customer’s activity, the customer will pay any damages awarded against the Provider, plus all legal fees assumed by the Provider.

Backups
Although the Provider schedules backups of client accounts, they are created for the sole purpose of internal use in case of disaster recovery. These will not be provided publicly. Customers can generate and download backups at any time trough the control panel.

Backups of dedicated servers and vps are not performed by BibiHost and are client’s responsibility.

Responsibility for Content
You, as the Provider’s customer, are solely responsible for the content stored on and served by your account.

Server Abuse
The Provider reserves the right to suspend, terminate or charge any account that may be deemed as a “Resource Hog”. While this process is not automated, server health is on the daily checklist. Accounts utilizing more than their designated resources, including CPU and memory usage, will be warned, suspended, or a combination. Failure to comply will result in an immediate termination.

In case of complaints we ask the client to resolve the issue in a 24 hours timeframe. Failure to comply will result in an immediate suspention/termination.

All suspended services will be billed $100 for reactivation (when available).

The Provider reserves the right to deem users as “Resource Hogs”. As examples, generating backups of a very big account everyday or converting files using FFmpeg continuously (for continuously we mean every single minute) may be considered as a “Resource Hog”.

Temporary url to access your site (http://IPoftheserver/~username/) is provided with the sole purpose of a temporary url while waiting for the domain propagation. Using of the temp url on a “live” site instead of a domain may result in an account suspention.

VPS

To maintain the integrity of out services, any VPS (virtual private server) utilizing heavy amounts of system resources may be temporarily disabled. When necessary, clients/resellers may be required to upgrade the service package to accommodate actual usage.

Data Transfer Limit
All users are allocated a monthly Transfer allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more Data Transfer is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused Transfer in one month cannot be carried over to the next month.

Shared Hosting
Shared accounts are not to resell services to other clients. Such actions are meant for resellers only.

Price Change
The amount you pay for hosting will never increase from the date of purchase. We, however, reserve the right to change prices listed on our website, and the right to increase the amount of resources given to plans at any time.

Disclaimer
The Provider shall not be responsible for any damages your business may suffer. We make no warranty of any kind, expressed or implied for services we provide. The Provider disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by BibiHost and its employees.

Disclosure to law enforcement
The Provider may disclose any user information to law enforcement agencies without further consent or notification to the user upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.

Modification
The Provider reserves the right to add, delete, or amend these terms and conditions at any time without prior notice.