By taking any services or rental of any equipment you automatically agree to the following and acknowledge acceptance upon sign up:
Terms of Service
BEK Server Web Services, (“The Company”) agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service). Use of BEK Server Web Services Service constitutes acceptance and agreement toBEK Server Web Services AUP as well asBEK Server Web Services TOS (Terms of Service). All provisions of this contract are subject to the TOS (Terms of Service) of BEK Server Web Services, and AUP (acceptable use policy).
The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP addresses, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition BEK Server Web Services shall have the right to terminate all service set forth in this Agreement.
2. Service Rates
Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. Any promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.
Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date for your account for the following month’s service. Subscriber agrees that The Company automatically charges subscribers credit card or PayPal account every month if we have received your instructions to do so.
All payment’s are secured using SSL and any details stored are encrypted in our database – we never store your card details.
4. Late Payment Fees
This includes but not limited to PayPal payments and Bank Transfers. Service will be interrupted on accounts that reach 3 days past due. Service interrupted for non-payment is subject to a 5.00€ reconnect charge. Accounts not paid by due date are subject to a minimal charge of 5% of total owed or 5.00€ as the late fee (whichever is greater). Accounts that are not collectable by BEK Server Web Services may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a “Processing and Collection” Fee of not less than 60.00€ and you may be liable to additional charges by that outside agency. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS or contact us.
5. Refund and Disputes
All payments to BEK Server Web Services, are non refundable except for the 5-day money back guarantee applied to new customers only. This includes the one time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 30 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in BEK Server Web Services sole discretion is a valid charge under the provisions of the TOS and or AUP, you agree to pay BEK Server Web Services an “Administrative Fee” of not less than 20€. We will respond to all billing disputes within 48 Hours of the ticket being opened with the correct department. Refunds inside the 5 day money back period are subject to a prorated reduction due to services used, one time fee’s and any setup costs. Some packages/service’s may be exempt from this offer and as such will not have any money back period. This includes but is not limited to:
– Domain Names
– Setup Fee’s
– Product’s with a minimum term contract (Such as Servers, Rack Space or Co-Location)
– Software Licence’s (either with or without a minimum term)
6. Failure to Pay:
The Company will take action against Subscriber that have failed to pay by the due date. This can include action by BEK Server Web Services up to and including temporarily denial of your service or termination of this Agreement. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees (Please See Section 4 – Payments and Fees).
7. Account Cancellation
All requests for cancelling accounts must be made via the customer control panel/billing system with at least 5 days notice prior to your billing date. You must have all account information to cancel. Payment’s made due to you failing to do this will not be refunded. Free domain names can not be transferred upon cancellation inside their first registration period (1 or 2 years depending on the TLD).
Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons. Therefore, subscriber agrees that the company shall not be liable for any damages. In no event shall the company be liable for any special or consequential damages, loss or injury unless an insurance agreement is signed separately.
The Company sends out invoices automatically via email only. If you require another copy of your emailed invoice please login to your Client Area where you can view all past and current invoices. If you need invoices sealed and posted to you, you can inform us about this by contacting us.
10. Support Boundaries
BEK Server Web Services, provides best effort technical support to our subscribers. We will try to reply to all tickets within 1 hour in office hours between 9 am – 6pm Mon – Sat 10 am – 4pm on Sundays, we may reply out of hours as a courtesy only and any work undertaken out of hours may be chargeable. All services are unmanaged, BEK Server Web Services only ensures that the server is online and is remotely accessible, we are not responsible for any of our customers content and or programs/applications installed by you (the customer) on any of the servers that you rent from us. BEK Server Web Services does not offer tech support for application specific issues such as cgi programming, html or any other such issue. BEK Server Web Services does not provide technical support for YOUR customers. If you can, we encourage you to submit a support ticket for assistance or email our support dept. If you do not submit a ticket we will not be able to assist you.
11. SPAM and Unsolicited Commercial Email (UCE)
BEK Server Web Services takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of BEK Server Web Services may not use or permit others to use our network to transact in UCE. Customers of BEK Server Web Services may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.
Violation of BEK Server Web Services`s SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, BEK Server Web Services will initiate an immediate investigation (within 48 hours of notification). During the investigation, BEK Server Web Services may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, BEK Server Web Services may, at its sole discretion, restrict, suspend or terminate customer’s account. Further, BEK Server Web Services reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. BEK Server Web Services will notify law enforcement officials if the violation is believed to be a criminal offence.
First violations of this policy will result in an “Administrative Fee” of 30€ and your account will be reviewed for possible immediate termination. A second violation will result in an “Administrative Fee” of 150€ and immediate termination of your account. Users who violate this policy agree that in addition to these “Administrative” penalties, they will pay “Research Fees” not to exceed 65€ per hour that BEK Server Web Services personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.
As our Customers are ultimately responsible for the actions of their clients over the BEK Server Web Services network, it is advisable that Customers develop a similar, or stricter, policy for their clients.
IP Blacklist Procedures Anyone hosting services on their account that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their account immediately removed from our network. The account will not be reinstated until such time that you agree to remove ANY and ALL traces of the offending material immediately upon the account being reinstated and agree to allow us access to the account to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the account from our network without notice to the customer. Any account guilty of a second violation WILL be immediately and permanently removed from our network without notice.
IP Address Ownership: If BEK Server Web Services assigns Customer an Internet Protocol address for Customer’s use, the right to use that Internet Protocol address shall belong only to BEK Server Web Services, and Customer shall have no right to use that Internet Protocol address except as permitted by BEK Server Web Services in its sole discretion in connection with the Services, during the term of this Agreement. BEK Server Web Services shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by BEK Server Web Services, and BEK Server Web Services reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by RIPE’s policies. These policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. We will periodically review IP address usage, and if we find that clients are using IP addresses where not needed, we may revoke authorisation to use those IP addresses. All IPs that are allocated to client must be utilised within 72 hours. If allocated IPs are not utilised within this time frame The Company reserves the right to retract IPs that are not being utilised upon notifying the client.
Bandwidth Usage: BEK Server Web Services will monitor Customer’s bandwidth. BEK Server Web Services shall have the right to take corrective action if Customer’s usage negatively impacts other clients.
System and Network Security: Users are prohibited from violating or attempting to violate the security of the BEK Server Web Services Network. Violations of system or network security may result in civil or criminal liability. BEK Server Web Services will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:
i. Accessing data not intended for such User or logging into a server or account, which such User is not authorised to access.
ii. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation.
iii. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing”.
iv. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
v. Taking any action in order to obtain services to which such User is not entitled.
13. Notification of Violation
BEK Server Web Services is under no duty to look at each customer’s or user’s activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.
First violation: Any User, which BEK Server Web Services determines to have violated any element of this Acceptable Use Policy, shall receive an email, warning them of the violation. The service may be subject at BEK Server Web Services discretion to a temporary suspension pending a User’s agreement in writing, to refrain from any further violations.
Second Violation: Users that BEK Server Web Services determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.
We reserve the right, to drop the section of IP space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer’s network, or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.
14. Suspension of Service or Cancellation
BEK Server Web Services reserves the right to suspend network access to any customer if in the judgment of the BEK Server Web Services network administrators the customer’s account is the source or target of the violation of any of the other terms of the AUP or for any other reason which BEK Server Web Services chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer’s account(s) were suspended.
15. Policy Changes
BEK Server Web Services wishes to emphasise that in agreeing to the BEK Server Web Services Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies BEK Server Web Services for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to BEK Server Web Services or the bringing of any claim against BEK Server Web Services by any third-party. This means that if BEK Server Web Services is sued because of a customer’s or a customer of a customer’s activity, the customer will pay any damages awarded against BEK Server Web Services, plus all costs and legal fees.
17. Miscellaneous Provisions
You must provide us with, and keep current, good contact information for you. E-mail, telephone, and fax contacts are used, in that order of preference.
A waiver by the Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.
Subscriber shall not transfer or assign this Agreement without the prior written consent of BEK Server Web Services. BEK Server Web Services may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation.
BEK Server Web Services takes no responsibility for any material input by others and not posted to the BEK Server Web Services Network by Us. BEK Server Web Services is not responsible for the content of any other websites linked to the BEK Server Web Services Network links are provided as Internet navigation tools only. BEK Server Web Services disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party’s violation of this policy.
BEK Server Web Services is not responsible for any damages your business may suffer. BEK Server Web Services does not make implied or written warranties for any of our services. BEK Server Web Services denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by BEK Server Web Services.
18. Responsibility for Content
You, as a BEK Server Web Services customer, are solely responsible for the content stored (and that of your clients) on and served by any of our servers service.
19. Bandwidth Usage abuse
BEK Server Web Services pro-actively monitors backbone utilisation in order to ensure that bandwidth resources are equally shared. Any customers deemed to be abusing bandwidth/connectivity will have their connections limited/disabled for a period of time.
a. Unmetered IRCd/Shell Account Bandwidth We reserve the right to disable customers who are deemed to be abusing their service’s bandwidth allocation, this includes but is not limited to, DoS and/or DDoS attacks directed at your allocated IP Address(es). Please also see “22. Disallowed Applications”
20. Bandwidth Overuse Charges
We reserve the right, were applications fall in to sections 20 and 22 to charge customers for any bandwidth charges that were incurred by applications and/or other acts against your account. Current charges for this are 20€ per Gigabyte of transfer.
21. Disallowed Applications
Some high bandwidth/cpu/system resource’s applications are banned from being run under any BEK Server Web Services services unless that service is rented from us for the specific us of, including but not limited to: Shoutcast, IceCast, Game Server’s, egg drops, IRC, file sharing, Torrents, Teamspeak and Ventrillo. We reserve the right to terminate applications that have a negative effect on our services.
22. Minimal Contractual Period
BEK Server Web Services operates a minimal contractual period of 6 (six) months on all Rack Space and 3 (three) months on colocation services. Discount starts from the date we receive the first months payment. The customer recognises that costs involved due to man hours spent setting up such services to which the company must replace. This also applies to ALL special offers offered by BEK Server Web Services to its customers, by excepting any special offers the customer automatically agrees to these terms.
BEK Server Web Services are trademarks of BEK Group Services. registered in Germany.