Terms Of Use

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.

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.

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.

Bananic reserves the right to add, delete or modify any provision of its Terms of Use at any time without notice.