Terms of Use

This Agreement explains the terms and conditions governing your use of the services made available to you by Bit&Bits, hereinafter called "Bit&Bits" or "We". It represents the whole agreement and understanding between Bit&Bits and the individual, corporation or organization who subscribes to the Service hereinafter called "Member" or "Members" or "You" or "you". This document is referred to as the "Agreement".
Please read this agreement completely. By submitting your account application and by your use of the Service, you agree to comply with all of the terms and conditions set out in this Agreement.

Hosting Services

1. Ownership of Web Site
   The legal owner of customers' Web sites and accounts with Bit&Bits will be the individual or organization whose name is listed in Bit&Bits's database as the owner. Customers will fully cooperate with and abide by any and all of Bit&Bits's security measures and procedures in the event of any dispute over ownership of customers' Web sites and accounts with Bit&Bits.
   
2. Illegal Use
   Bit&Bits 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, 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 authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Additionally, in purchasing Bit&Bits services, all Bit&Bits customers certify that they and/or the organization they represent in procuring services from Bit&Bits are not, nor have been designated, a suspected terrorist as defined in Executive Order 13224; are not owned or controlled by a 'suspected terrorist' as defined in Executive Order 13224; and are not on, are not a member of, related to, associated with, or controlled by any organizations on the list contained in the Annex to Executive Order 13224 and all updates thereto.
   
3.  Spamming
   Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming") is prohibited, regardless of whether or not it overloads a server or disrupts service to Bit&Bits's customers. The term "spamming" also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a Web site hosted on a Bit&Bits server, and selling or distributing software (on a Web site residing on a Bit&Bits server) that facilitates spamming. Violators will be assessed a minimum fine of US$200 and will face immediate suspension. Bit&Bits reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.
    
4. System and Network Abuse
   Violations of system or network security are prohibited and may result in criminal and civil liability. Examples of system or network security violations include, without limitation the following: unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network; interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
    
5. Viruses and Other Destructive Activities
   Use of Bit&Bits's services or equipment for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any customer to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use Bit&Bits's services and equipment (or any connected network, system, service or equipment) or conduct their business over the Internet.
   
6.  CGI Scripts
   Any scripts that pose a potential security risk or are deemed to be adversely affecting server performance or network integrity will be shut down or will be automatically removed without prior notice. Bit&Bits does not permit CGI script sharing with domains not hosted by Bit&Bits or any scripts that may be abused for UCE purposes.
   
7.  IRC
   Bit&Bits does not allow IRC or IRC bots to be operated by Web Hosting and Ecommerce customers.
   
8.  Software Distribution
   Bit&Bits's Web Hosting and Ecommerce accounts are not configured for the purposes of distributing software and/or multimedia products. If you wish to distribute software and/or multimedia files, please contact sales@Bit&Bits.com to make special arrangements.
   
9.  Multimedia Files
   Multimedia files are defined as any graphics, audio, and video files. Bit&Bits Web Hosting and Ecommerce accounts are not to be used for the purposes of distributing and storing unusual amounts of multimedia files. Any Web site whose disk space usage for storing multimedia files exceeds 70% of its total usage, in terms of total size or number of files, will be considered to be using an unusual amount of multimedia files
   
10.  Databases
    Any database stored on Bit&Bits's Web Hosting and Ecommerce servers will be limited in size to 10% of the total disk space allotted for that particular domain's plan/web hosting account.
    
11.  Child Pornography
    The use of Bit&Bits's services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. Bit&Bits is required by law, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, its services.
    
12.  Privacy
    Bit&Bits is concerned with the privacy of on-line communications and Web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, Bit&Bits urges its customers to assume that all of their on-line communications are insecure. Bit&Bits cannot take any responsibility for the security of information transmitted over Bit&Bits's facilities. Additional details on privacy and Bit&Bits's use of customer information can be found in Bit&Bits's Privacy Statement.
    
13.  Customer Responsibility
    Customers are required to use the Bit&Bits network responsibly. This includes respecting the other customers of Bit&Bits. Bit&Bits reserves the right to suspend and/or cancel service with any customer who uses the Bit&Bits network in such a way that adversely affects other Bit&Bits customers. While Bit&Bits may monitor its service electronically to determine that its facilities are operating satisfactorily, as a general practice, Bit&Bits does not monitor its customers' communications or activities to determine whether they are in compliance with the TOU. However, when Bit&Bits becomes aware of any violation of the TOU or other user agreements, Bit&Bits may take any action to stop or correct such violation, including, but not limited to, denying access to Bit&Bits's services and equipment or to the Internet. In addition, Bit&Bits may take action against a customer or a customer of such customer because of the activities of such customer. Bit&Bits anticipates that customers who offer Internet services will cooperate with Bit&Bits in any corrective or preventive action that Bit&Bits deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Bit&Bits policy and Bit&Bits reserves the right to take any such action even though such action may affect other customers of the Bit&Bits customer.
    
14.  Disclaimer
    The Bit&Bits service is provided on an as is, as 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. Bit&Bits expressly disclaims any representation or warranty that the Bit&Bits service will be error-free, secure or uninterrupted. No oral advice or written information given by Bit&Bits, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. Bit&Bits 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.
    
15.  Modifications
    Bit&Bits may discontinue, upgrade, replace, modify, or change in any way, without limitation, any software, application, program, data, hardware, equipment, or portions or components thereof, used to provide customers with Bit&Bits's services. Certain changes to Bit&Bits's services may affect the operation of customers' personalized applications and content. Each customer is solely responsible, and Bit&Bits is not liable, for any and all such personalized applications and content, except as expressly agreed to by Bit&Bits.
    
16.  Backup of Data
    Except where Bit&Bits has expressly agreed in writing to the contrary, customers are solely and entirely responsible, and Bit&Bits is in NO way responsible, for the management and backup of all customer data, and all updates, upgrades, and patches to any software that customers use in connection with Bit&Bits services.
    
17.  Third Party Licenses
    Bit&Bits makes a reasonable effort to provide customers with technologies, developments, and innovations (collectively "Technologies"), part of which may be licensed, or co-branded, from or by, third party entities. However, Bit&Bits makes NO warranty of any kind, either express or implied, regarding the quality, accuracy, reliability, validity, or continued existence of any or all aspects of such Technologies. Moreover, Bit&Bits specifically disclaims all warranties of merchantability and fitness for a particular purpose for such Technologies. Furthermore, no customer will hold Bit&Bits liable in any way for the revocation of any license, which has been licensed to Bit&Bits. The use of the Technologies obtained from or through Bit&Bits, or any other referred third party, whether directly or indirectly, is at the sole risk of customers.
    
18.  Bit&Bits's Intellectual Property
    Customers will not, without Bit&Bits's express written consent, copy, reproduce, republish, or otherwise use any material, in whole or in part, that is located on Bit&Bits's Web site, and customers will not use any of Bit&Bits's trademarks, service marks, copyrighted materials, or other intellectual property without Bit&Bits's express written consent. Customers will not, in any way, misrepresent their relationship with Bit&Bits, attempt to pass themselves off as Bit&Bits, or claim that customers are Bit&Bits.
    
19.  Assignment
    Customers may not assign or delegate their rights or obligations under the TOU or other agreement for Bit&Bits's services, either in whole or in part, without the prior written consent of Bit&Bits.
    
20.  Minimum Age Requirement
    Bit&Bits customers must be at least 18 years of age. Any individual under the age of 18 years ("Minor") must have a parent or guardian accept the TOU in order for the Minor to become a Bit&Bits customer. A parent or guardian who accepts the TOU on behalf of a Minor will be primarily liable for ensuring complete and proper compliance with the TOU, including the timely and full payment of the charges for Bit&Bits services, and such primary liability will continue even when the Minor has attained the age of 18, unless the parent or guardian obtains Bit&Bits's express written consent to the contrary. Any acceptance of the TOU or any other agreement for Bit&Bits's services will be deemed null and void to the extent that Bit&Bits will not be liable in any way as a result of the Minor's age or legal incapacity or the Minor's use of Bit&Bits's services.
    
21.  Governing Law and Severability
    The TOU, and any other agreement for Bit&Bits services, will be governed by and construed in accordance with the laws of the State of Illinois, USA without reference to its conflicts of laws principles. Any litigation or arbitration between a customer and Bit&Bits will take place in Illinois, and the customer will consent to personal jurisdiction and venue in that jurisdiction. If any provision or portion of the TOU or other Bit&Bits agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of the TOU or the agreement will continue in full force and effect.
    
22.  Force Majeure
    Bit&Bits will not be liable for delays in its performance of the TOU or Bit&Bits services caused by circumstances beyond Bit&Bits's reasonable control, including acts of God, wars, insurrection, civil commotions, riots, national disasters, earthquakes, strikes, fires, floods, water damage, explosions, shortages of labor or materials, labor disputes, transportation problems, accidents, embargoes, or governmental restrictions (collectively "Force Majeure"). Bit&Bits will make reasonable efforts to reduce to a minimum and mitigate the effect of any Force Majeure. Notwithstanding anything contained elsewhere herein, lack of finances will not be considered an event of Force Majeure nor will any event of Force Majeure suspend any obligation of customers for the payment of money due.Waiver and AmendmentAny waiver, modification, or amendment of any provision of the TOU or other agreement for Bit&Bits services, initiated by a customer, will be effective only if accepted in writing and signed by an authorized representative of Bit&Bits.
    
23.  Third Party Providers
    You agree that certain services may be provided by third party providers of Bit&Bits and that your use of such services may be subject to further agreements, policies, terms, and conditions in addition to those contained or referenced in this Agreement.
    

Mail Policy

There is a 500 outgoing email hourly limit per domain. This limit is also applied towards Mailman. If you send over this amount in any hour, most of the e-mails will bounce back with an undeliverable error. If this occurs, it will then take some time for your account to be able to send again so we recommend waiting at least 1 hour after this issue occurs to begin sending email again.

Many of our servers have a limit of 30 POP3/IMAP checks per hour per each user's connecting IP address. If you go over this you're likely to get a wrong password error message or an error stating "login incorrect". If this occurs, please wait an hour and it will automatically unblock you. To prevent this from happening again, please make sure to disable auto checking or at least set it to something higher such as once every 10 minutes.

Any mailing list larger than 5,000 addresses will require a dedicated hosting solution from us. Note: Dividing one large list into smaller lists to get below this limit is not allowed.

There is also a limit to the number of Mailman mailing lists permitted as follows (NOTE: This does not apply to other mailing list programs such as PHPList. This only applies to Mailman.)

• Hatchling package: 20 Mailman mailing lists
  
• Baby package: 25 Mailman mailing lists
  
• Business package: 50 Mailman mailing lists
  
• Reseller and Dedicated packages: Unlimited number of Mailman mailing lists
  

Mailing Lists Rules

1. Any time you're sending a message no matter how large your e-mail list is you must throttle it. We recommend you throttle it to at the very least sending 1 email every 8 seconds. (Sending 1 every 8 seconds would send 450 emails within 1 hour, keeping you below the 500 outgoing email limit.) If the mailing list software you're using does not allow you to throttle you must switch to an application or script that will. We recommend PHPList, which can be found in your CPanel under Fantastico.
   
   IMPORTANT: If you do not throttle and you try sending 500 emails, the server will try sending all 500 in 1 second which is not possible on our shared servers. This will cause a very high load on the server and the entire server will be sluggish, potentially affecting your sites and service, until this sending process is completed. It is our job to keep the server up and running without being sluggish or experiencing issues. Anyone who causes the server's load to go high will be suspended and the process will be terminated. If you choose not to throttle, you will most likely be suspended for crashing the server.
   
   
2. Any mailing list over 900 email addresses is only allowed to be sent to during off-peak times to prevent high server loads. Off peak times qualify as all day Saturday and Sunday, and 1AM - 8AM Eastern Standard Time, Monday through Friday.
   
   
3. The list must be a Double Opt-In list. This means a user has subscribed for a newsletter or other email marketing messages by explicitly requesting it and confirming the email address to be their own. Confirmation is usually done by responding to a notification/confirmation email sent to the email address the end user specified. The double opt-in method eliminates the chance of abuse where somebody submits someone else's email address without their knowledge and against their will. You will not be permitted to mail any mailing list that you were given or purchased. In doing so, this will also be considered spamming and may result in termination of the offending account.
   
   
4. Any unsolicited e-mail being sent will result in suspension or termination of the offending account. We take a zero tolerance stance against sending of unsolicited e-mail and other forms of spam.
   
   
5. Any mailling list MUST comply with all guidelines set forth by the United States government. These can be found at:
   http://www.ftc.gov/bcp/edu/pubs/business/ecommerce/bus61.shtm .
   
   
6. No direct SMTP mailers are allowed. An example of this would be a Darkmailer or The Bat!. Any mail should be sent through the local mail server/MTA for further delivery by the server and not done directly by scripts.