Upon signing up for Bananic's services, all customers
agree to comply with Bananic's Terms
of Use. The spirit of this
policy is to ensure our customers are using Bananic
's services with due regard to the rights of other
Internet users and in conformity with the requirements
of Bananic's network environment.
Illegal Use
Bananic hosting plan 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 authorisation; HYIP schemes; material that
is obscene, defamatory, constitutes an illegal
threat, or violates export control laws. Examples
of unacceptable content or links include: pirated
software, hacker programs or archives, Warez sites,
MP3, and IRC bots.
Illegal Adult Content
Due to the special system and network requirements
of adult-oriented sites, pornography and sex-related
merchandising are prohibited. This includes sites
that may infer sexual content or provide links
to adult content elsewhere. 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.
Security
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:
unauthorised 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.
Server Resources
Any website 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 professional plan. Bananic
shall be the sole arbiter of what is considered
to be a high server usage level. Any web hosting
account deemed to be adversely affecting server
performance or network integrity will be shut
down without prior notice.
CGI Scripts
CGI script sharing with domains not hosted
by Bananic is not permitted. Any CGI scripts
deemed to be adversely affecting server performance
or network integrity will be shut down without
prior notice.
Background Running Programs and Cron Jobs
Bananic may allow programs to run in the background.
These programs will be considered on an individual
basis and customers will incur extra charges based
on system resources used and operational maintenance
needed. If you wish to run background programs
please contact Bananic at support@bananic.com
so that we can arrange set-up.
IRC
Bananic does not allow IRC or IRC bots to be
operated on our servers.
UCE (Unsolicited Commerce
Email)
SPAM Spamming, the sending of unsolicited mass
email from or through an Bananic server or using
an email address that is maintained on an Bananic
machine is STRICTLY prohibited. Bananic will be
the sole arbiter as to what constitutes a violation
of this provision. Customers 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 a website hosted on an Bananic server,
or if they sell or distribute software on their
website that facilitates spamming. Violators will
face immediate suspension. Bananic also will enable
precautions to monitor security and UCE on servers
within European and United States guidelines.
Please report any instances of spamming to abuse@bananic.com
detailing as much information as possible, clearly
identifying the source of the unsolicited email
(Full email header required). This will then be
investigated, dealt with and replied at soonest
possible time.
Server Abuse
Any attempts to undermine or cause harm to a Bananic
server or customer are strictly prohibited.
Actions Taken by Bananic
The failure by a customer to meet or follow any
of the above Terms of Use is grounds for account
deactivation. Bananic will be the sole arbiter
as to what constitutes a violation of the Terms
of Use. Bananic reserves the right to suspend/remove
any account without prior notice. When Bananic
becomes aware of an alleged violation of its Terms
of Use, Bananic will initiate an investigation.
During the investigation, Bananic may restrict
a customer's access in order to prevent further
potentially unauthorised activity. Depending on
the severity of the violation, Bananic may,
at its sole discretion, restrict, suspend or terminate
a customer's web hosting account and/or pursue
other civil remedies. If such violation is a criminal
offence, Bananic will notify the appropriate
law enforcement authorities of such violation.
Bananic does not issue credits for outages
incurred through service disablement resulting
from Terms of Use violations. Bananic customers
agree to indemnify and hold harmless Bananic
from any claims resulting from the use of our
services that damages them or any other party.
The Bananic service is provided on an as-is-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. Bananic expressly disclaims
any representation or warranty that the Bananic
service will be error-free, secure or uninterrupted.
No oral advice or written information given by
Bananic, its employees, licensers or the like,
will create a warranty; nor may you rely on any
such information or advice. Bananic 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.
Modification
Bananic reserves the right to add, delete or
modify any provision of its Terms of Use at any
time without notice.
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