Terms of Service

Absolutely NO SPAMMERS. We will terminate your account immediately, without notice. Spammers also waive any refund deemed applicable in the terms of service below. Spammers are applicable to punishment and litigation outlined in the terms below and will be prosecuted to the fullest extent of the law.

Sites found in violation of these terms can be deleted from the server at any time. We do not actively police sites that we host, however if your site is reported to be in violation of our terms of service or US law then we have no choice but to terminate your site or suspend it until you have made the appropriate corrections to be in compliance with our terms of service and/or US law.

This document (the “Agreement”) sets forth the principles, guidelines and requirements of the Terms of Service of Bandus (the "Company") governing the use by the customer of services and products ("Services and Products"). These Terms of Service have been created to promote the integrity, security, reliability and privacy of Company's facilities, network, and Customer data contained within. The Company believes it provides the best services in the industry, and provides the following policies in the best interests of the Company and the Company's clients. The Company retains the right to modify these Terms of Service at any time, and any such modification shall be automatically effective to all customers when adopted by the Company and published here. Company shall be the sole and final arbiter as the interpretation of the following. By utilizing the Company's services and products, the Customer agrees to be bound by the terms herein outlined.

2. Compliance with the Law

We support the uncensored flow of ideas and information using the Internet as an outlet for such ideas and information. We do not actively monitor or police the sites that reside on our interactive computers. We do not monitor subscriber activity unless we believe a subscriber is abusing our servers by way of hacking, spamming, phishing, or similar illegal activities. We do not exercise editorial control over any web site, newsgroup email, or other electronic transmission of data.

Customer shall not post, transmit, retransmit or store material on or through any of Services or Products which, in the sole judgment of the Company is in violation of any local, state, federal or non-United States law or regulation, The Customer agrees to indemnify and hold harmless the Company from any claims resulting from the use of the services, which damages the Customer, or any other party. Customer shall be responsible for determining what laws or regulations are applicable to the Customer's use of the Company's Services and Products.

3. Prohibited Uses of Services and Products

In addition to the other requirements of these Terms of Service, Customer may only use the Services and Products in a manner that, in the Company's sole judgment, is consistent with the purposes of such Services and Products. If Customer is unsure of whether any contemplated use or action is permitted, please contact the Company as provided above. By way of example, and not limitation, uses described below of the Services and Products are expressly prohibited.

3.1. General

3.1.1. Unacceptable content includes pirated software, "hacker" programs, archives of "Warez Sites", game rooms or MUDs, IRC Bots, Egg Drop programs, any kind of illegal software or shareware.

3.1.2. Violations of the rights of any Person protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations, including, but not limited to, the installation or distribution of "pirated" or other software products that are not appropriately licensed for use by Customer.

3.1.3. Actions that restrict or inhibit any Person, whether a customer of Company or otherwise, in its use or enjoyment of any of the Company's Services or Products.

3.1.4. Slander or libel of GlowHost.com, Inc, it's employees, and officers, with Company names in print, web, verbal, email, or other communication will result in legal action, and immediate termination of all sites of the offending Customer, by the Company.

3.2. System and Network

3.2.1. Introduction of malicious programs into the Company's network or server (e.g. viruses and worms).

3.2.2. Effecting security breaches or disruptions of Internet communication. Security breaches include, but are not limited to, accessing data of which Customer is not an intended recipient or logging into a server or account that Customer is not expressly authorized to access. For purposes of this Section 3.2.2, "Disruption" includes, but is not limited to, port scans, flood pings, packet spoofing and forged routing information.

3.2.3. Executing any form of network monitoring which will intercept data not intended for the Customer's server.

3.2.4. Circumventing user authentication or security of any host, network or account.

3.2.5. Interfering with or denying service to any user other than Customer's host (for example, denial of service attack).

3.2.6. Using any program, script, command, or sending messages of any kind, designed to interfere with, or to disable, a user's terminal, SSH, ftp or any other session, via any means, locally or via the Internet

3.2.7. Creating an "active" full time connection on a Company-provided account by using artificial means involving software, programming or any other method.

3.2.8. Any attempt to circumvent or alter monitoring, bandwidth tracking or utilization reporting, or other actions which have the effect of complicating the normal operational procedures of the Company, including but not limited to altering, removing or in any way modifying or tampering with Company created log files.

3.2.9. Any action which the Company determines, in its own judgment, will reflect poorly on the Company or negatively impact its operations.

3.2.10. Any action which the Company deems to be an unacceptable use of resources, business practice or otherwise unacceptable to the Company.

3.3. Billing

3.3.1. Furnishing false or incorrect data on the order form, contract or online application, including fraudulent use of credit card numbers or checking accounts.

3.3.2. Attempting to circumvent or alter the processes any billing procedures or procedures to measure time, bandwidth utilization, or other methods to document "use" of the Company's Services and Products.

3.3.3. All hosting is paid in advance by the Customer to the Company. There are no payment options available to receive service, and pay at the end of the payment term, and ALL PAYMENTS ARE NON-REFUNDABLE, regardless of usage.

3.3.4. Electronic Checks: We currently only accept electronic checks by way of usage of the PayPal service.

3.3.5 Account upgrades incur no service fees and can be conducted at any time by the customer.

3.3.6 Account downgrades on shared hosting accounts will incur a $4.99 service fee. Account downgrades on reseller hosting accounts will incur a $9.99 service fee. All account downgrades must be submitted via trouble ticket to the Company at least 5 days before the next regularly scheduled billing date. Downgrade requests made after the 5 day cut-off will be billed the regular monthly fee and the downgraded monthly package will be applied after the next regularly scheduled billing.

3.3.5 Credit cards, Debit cards, PayPal, or any other offered payment methods will be enrolled in automatic payment subscriptions beginning on the date of signup. The customer has the ability to cancel the subscription at any time in favor of a "one time" payment model where no subscription is used, the customer is invoiced, and must complete a manual payment, by logging into our web site and manually approving each new transaction. This is not the default setting for new accounts.

3.3.6 The customer is responsible for making payments in a timely fashion, otherwise account suspensions and terminations will apply.

3.3.7 A $5.00 late fee will be applied to ay account more than 10 days overdue.

3.3.8 Accounts 15 or more days overdue will be automatically suspended. Service will be restored after a successful payment has been received by the customer, with no guarantee as to how long the reactivation process will take place, and with no guarantee that the customer's data has been preserved for the duration of the suspension. Accounts in suspended status may have all or partial data removed from our servers at any time deemed necessary by the company so that it can resell the space to other customers.

3.3.7 Disputed charges to your credit card issuer, also known as chargebacks, will result in immediate account suspension, regardless of fault of credit card issuer, Customer, employee or agent of the Customer. In order to restore service from disputed charges, the Customer will need to pay the full balance of the disputed charge, as well as reactivation fees, if applicable.

3.4. Mail

3.4.1. Sending unsolicited commercial email messages (UCE), including the sending of "junk mail" Spam or other advertising material to individuals who did not specifically request such material, who were not previous customers of Customer or with whom Customer does not have an existing business relationship.

3.4.2. Sending UCE or Spam referencing an email address for any domain hosted by the Company.

3.4.3. Sending UCE or Spam referencing a domain hosted by the Company.

3.4.4. Sending UCE or Spam referencing an IP address hosted by the Company.

3.4.5. Posting advertisements on IRC, ICQ, or any other public chat system containing an email address hosted by the Company, a domain hosted by the Company, or an IP address belonging to the Company.

3.4.6. Harassment, whether through language, frequency or size of messages.

3.4.7. Slander or libel of the GlowHost. names via, email, or other communication will result in legal action, and immediate termination of all sites of the offending Customer, by the Company.

3.4.8. Unauthorized use, or forging, of mail header information.

3.4.9. Solicitations of mail for any other E-mail address other than that of the poster's account or service with the intent to harass or to collect replies.

3.4.10. Creating or forwarding "chain letters" or illegal "pyramid schemes" of any type.

3.4.11. Use of unsolicited email originating from within the Company's network or networks of other Internet Service Providers on behalf of, or to advertise, any service hosted by the Company, or connected via the Company's network.

3.4.12. Activities deemed to be unsolicited marketing efforts or otherwise harassing in any way.

3.4.13. Customer will be charged a $500.00 penalty charge for each instance of a verifiable UCE or Spam email that is reported to the Company and faces immediate account suspension and/or termination, as well as is liable for all legal fees, including court costs and attorney fees associated with collecting the penalty listed in this section.

3.4.14. Giving away email addresses from your domain to the general public. If the Customer offers free email addresses to people that are not directly associated with the workings of the site, are not related to the Customer, are not a personal acquaintance of the Customer, or part of the Customer's organization or business entity, your account may be suspended or terminated without refund, unless you are a dedicated server subscriber. Giving away free email addresses is not allowed on shared or reseller hosting packages. This ensures all users will have adequate email service and cuts the risk arbitrary users will not abuse the email service and prevents the Company's mail service from being blocked by various SPAM enforcement agencies.

3.4.15. The Company will be the sole arbiter as to what constitutes a violation of these provisions.

3.5. Customer Support

3.5.1. The Company promotes a mutually-professional relationship with its customers. Abusive, threatening, obscene or otherwise harassing communications with Company employees or officers, via telephone, email, online chat or other means will result in immediate account termination. As per the Terms outlined in this agreement, no refunds will be given for sites cancelled due to violations of this section.

3.5.2. The Company cannot support third party softwares like Mailman, XMB, PHPBB, Microsoft Frontpage™ or any other third party systems that we provide or you install on you own. We will try in most cases to help with general issues to get you running, but we are not responsible for any breakage that may occur as a result of using these systems.

4. Bandwidth & Utilization

In addition to the other terms of this agreement, which apply to all plans, bandwidth and utilization, by its nature, is subject to a number of differing and/or additional terms.

4.1 The Company provides the limits on space and transfer in good faith to our Customers so that they may create their Web sites without the fear of running over their Web traffic and space allocation. While most Customers will use the space and traffic for their legitimate Web site needs, we recognize that others may try to take advantage of our offer and use the space and traffic in ways for which it is not intended. In the best interests of our Customers and in an effort to maintain the integrity of our service, the following common sense rules will apply:

4.1.1. Customer's site must use and store only the information and data that relates to the Web site, at the IP address provided by the Company.

4.1.2. The Company does not permit sites where more than 10% of systems total resources, or sites which in the Company's view are detrimental to the enjoyment of the Company services by the Company's other Customers, or are in the sole and final judgment of the Company, detrimental to network or business operations.

The Company may take whatever steps necessary to provide its services, and to provide for the enjoyment of such services by all of the Company clients, and to ensure that certain clients do not utilize services to the detriment of other clients. Customers with Web sites that do not comply with these simple rules, or who seek to take advantage of the Company unlimited storage or traffic plan in any other way, will, at the discretion of the Company , have their sites canceled and/or removed from the servers and have service charges assessed at the discretion of the Company .

The Company will be the sole and final arbiter as to Web sites or usages of resources that constitute violation or intent to violate our policies. Those Customers found in violation of these policies are subject to a $500.00 service charge for each instance of violation, exclusive of charges for the bandwidth and/or other resources utilized. Web sites which the Company must suspend or cancel due to violation of these rules are not eligible to receive a refund for unused service, and are subject to charges for bandwidth and usage of resources at twice the standard rate for such resources. Acceptance of these Terms of Services, and/or use of Company's services constitutes an acceptance of any fines, penalties or service charges which might arise out of violation of these policies.

5. Terms and Termination

For the purposes of Section 5 of this agreement, the term "Sixty Day Guarantee Period" shall be defined as the period extending from the date a Customer signs up his or her first domain hosting agreement with the Company through the sixtieth (60th) day following the initial signup of the first domain enrolled in hosting services by the Company.

5.1. Termination Notification - All cancellations on shared, reseller and semi-dedicated accounts must be received by the Company a minimum of five (5) days prior to the next billing date of the domain(s) being canceled. Dedicated Servers and VPS accounts require a minimum of thirty (30) days advanced notification. All Termination Notifications received after the dates specified in this section are considered as "Late Cancellations."

5.1.1. If the Customer fails to notify the Company to cancel service before the Termination Notification dates defined in section 5.1, the Customer will be charged for the final month of service using any stored Customer billing data. This includes, but is not limited to: credit card, PayPal, google checkout, or any other payment method that the Customer has stored with the Company. If payment has not yet been made by the Customer, and the Customer notifies the Company of cancellation after the Termination Notification dates defined in section 5.1, the Customer agrees and is required to pay the Company for the final month of service using any legal payment method agreed upon by the Customer and the Company. In all cases "Late Cancellations" will result in a final installment equal to the regular monthly price agreed to by the Customer.

5.1.2. Cancellations requested within the Sixty Day Guarantee Period are eligible for a full refund, less setup fees, domain registration fees and add-on-service fees which are non-refundable. Cancellations requested outside the Sixty Day Guarantee Period are not eligible for a refund in part or in full.

5.1.3. Cancellation requests will only be accepted via ticket submission at our helpdesk billing department, and must originate from the contact details of that account holder listed in the Company's customer database. Any other form of cancellation request is not acceptable.

5.2. Customer will not receive a refund for any other reason, including but not limited to: late cancellation, slow connection caused by Customer's ISP/network, Customer's ignorance, InterNIC delays, account termination for violation of policies outlined in this document as a whole.

5.3. By submitting a credit card or ACH information on the order form, Customer agrees to authorize all recurring charges to the account and any other balances incurred due to overages of limits, additions of extras to the account, service charges and/or any other fees, and to be bound to the terms of this Agreement.

5.4. Customer will not receive a refund for any setup fees or any other fees, including the transaction fees and refund transaction fees charged by any credit card, ACH, Online check, PayPal, or any other payment processor, unless otherwise determined by the company.

5.5. Customer may, at the sole discretion of the Company, be charged a reactivation fee for each site terminated or suspended due to a billing or other Terms of Service violation or related issue.

5.6 Customers that lease dedicated servers may, at the sole discretion of the Company, be charged a reactivation fee for each site terminated or suspended due to a billing or other Terms of Service violation or related issue, if the customer requests site restoration of a suspended or terminated site. An Additional per incident fee may be billed to the Customer for dedicated servers that have been suspended or terminated due to a billing or other Terms of Service violation or related issue.

5.7. Customer shall pay the fees and other charges for Products and Services ordered from Company as published at time of order. Company reserves the right to change fees for services without notice; any changes in price will take effect upon renewal of the existing hosting account, immediately for new purchases.

5.7. Customer agrees that the Company reserves the right to change its fees, features, and discount offerings and the Customer agrees to be bound by any changes of fee, feature, and/or discount.

5.8. The Company reserves the right to terminate this agreement, and to delete the Web site from its hardware, immediately upon the occurrence of any of the following events:

- Non payment of any charges due from Customer.

- Breach of any term or condition of this agreement by Customer.

- Commencement of any lawsuit or proceeding against Customer arising from or relating to its use of the Web site, whether or not such suit names the Company as a party or seeks any recovery from the Company.

- Commencement of any lawsuit or proceeding against Company from Customer arising from or relating to any service or activity provided by the Company.

5.9. Payment for any charges is due at the time of signup and renewal anniversary respectively. All payments must be in U.S. Dollars. Accounts which have balances outstanding for more than ten (10) days shall be deemed to be in default and subject to suspension or termination of service. Customer shall be responsible for all costs of collection, including reasonable attorney's fees and court costs, in event of a default for non-payment of any amounts due the Company.

5.10. Dedicated server Customers who are more than 15 days in arrears for payment, will, at the sole discretion of the company, have their servers terminated, formatted, and resold.

5.11 Free Domains, and Domains purchased in advance for Customers will be bound by the items listed below.

5.11.1 If customer has received a free Domain name from the Company or Company affiliate site and/or is granted web hosting services in advance, where the Customer neglects to pay their bill for such advance services, or the services have been rendered, but payment reversal has occurred due to due to chargeback, returned check, stop payment, or ANY other reason, the Domain will be immediately recovered and ownership of the domain, regardless of trademark, will be surrendered to the Company. The Company reserves the right to use this domain as a negotiation tool to obtain rightful payment. This includes posting a web site outlining the details of the transaction that was wrongfully reversed by the Customer. This web site can contain any content about the Customer, including contact details and outlines of the transaction that was reversed, conversations with Company employees, and any other related material. Customer's in this status are no longer protected by the Company privacy policy until their payment arrangement has been made, and made good upon by clearing all agreed on debts to the Company for hosting and Domain services, as well as any other fees that may arise due to chargeback, stop payment, or similar.

5.11.2 Recovery of surrendered Domain names - If a Domain has been captured by the Company for non-performance of the Customer, full payment of the late or advance hosting charges must be paid to the Company along with a minimum $100 release/transfer of ownership fee. This fee may be higher based on appraisal of a third party service selected by the Company. These terms are void for customers who have made their minimum payment required for free Domain eligibility as outlined on the Company's web site This payment can be as little as a one-time $10.99 fee for one-month of hosting service. This minimum may change at any time. This article only applies to those customers who are extended, in a very rare circumstance, advance Domain registration services, with no down payment required by the Customer. e.g. Customer makes a verbal or other contractual agreement to make payment for said Domain and hosting at a future date, provided the Company registers the Domain for them in advance.

5.11.3 The Company will not recover a Domain if a customer has decided to move to another host and canceled their hosting in accordance with the cancellation policy, and has met their minimum payment requirement listed on the Company's web site in order to receive the free Domain name. The company will never recover a Domain name that has been paid for as a separate product from the hosting service.

5.11.4 If a customer has received a free domain name as part of their hosting contract, but elects for the 30 day money back guarantee, the customer will receive all funds less setup fee (where applicable) and the domain registration fee of $10.99. Domain name registrations are not refundable by the registry to GlowHost, therefore the Domain name registration fee cannot be refunded to the Customer.

5.11.5 If a Customer has received a free Domain name as part of their hosting contract, but takes advantage of the 30 day money back guarantee, the regular Domain fee will be subtracted from the total original payment. This covers the company's cost to the appropriate registrar. The registry does not grant refunds once a Domain has been registered, therefore the Company cannot offer them for a registered Domain.

5.12 Delinquent shared, reseller, dedicated, and any other account serviced by GlowHost will be suspended or terminated. Such termination will not relieve the customer of responsibility for the payment of all accrued service and/or collection fees.

6. Indemnification of Provider/Relationship of Parties

6.1. Customer agrees to indemnify and hold the Company harmless from any lawsuit, claim, charge, or expense, including reasonable attorney fees and costs of defense, for any matter arising from or relating to Customer's Web site provided hereunder.

6.2. Nothing contained herein shall be deemed to create a relationship between the Company and Customer in the nature of a partnership, joint venture, editor/publisher or otherwise. Both parties acknowledge and agree that the Company has no interaction with the data or substance of Customer's Web site, except as necessary to maintain the Web site

6.3 Customer agrees to not hold responsible the company for any data loss including web sites, email, customer databases, or otherwise, due any reason, including but not limited to server malfunction, account termination from a company employee or act of God. The company does provide a free backup service for the customer in the instance of such an event, however backup services are also not guaranteed. The Customer will be the sole party responsible for all data and is expected to carry local backups of any data installed on the company equipment.

7. Security/Software

7.1. Customer agrees to take all steps reasonable, necessary, and prudent to protect Customer's login ID and password.

7.2. Customer agrees not to attempt to undermine or cause harm to any server, software, system or customer of the Company.

7.3. Customer agrees to maintain Customers' computing equipment responsibly, including running virus software.

7.4. Intentional uploading of a virus to a Company server will result in account termination, service charges and/or prosecution.

7.5. Customer's that have root access including but not limited to managed and un-managed dedicated server Customer's must not try to circumvent the Company's access to the Customer's server. Customer may not change a server root password without first informing the Company of the change, and providing the Company the new root password.

7.6. Customer acknowledges that the Company cannot provide technical support for any software and/or script that the Customer installs. Customer also acknowledges that the Company does not supply technical support for Microsoft FrontPage, other than initial configuration. The Company supplies technical support for Web hosting issues only. The Company shall be the sole arbiter as to what constitutes a "Web host" issue.

8. Violation

Any attempt to undermine or cause harm to the Company server or another customer's Web presence is strictly prohibited. Any violation of the above Terms of Service will result in grounds for account termination, with no refunds given; the Company reserves the right to remove any account without prior notice. Violation of these Terms of Service may result in legal action, service charges or a combination thereof.

9. Confidentiality

Customer acknowledges that by reason of their relationship, both the Customer and the Company may have access to certain products, information and materials relating to the other part’s business, which may include business plans, customers, software technology, and marketing plans that are confidential and of substantial value to either party, respectively, and which value would be impaired if such information were disclosed to third parties. Consequently, both the Company and the Customer agree that it will not use in any way for its own account or for the account of any third part, nor disclose to any third part, any such information revealed to it by either part, as the case may be.

The Customer and the Company further agrees that each will take every appropriate precaution to protect the confidentiality of such information. In the vent of termination of this agreement, there shall be no use or disclosure by either party of any such confidential information in its possession, and all confidential documents shall be returned to the rightful owner, or destroyed. The provisions of this section shall survive the termination of the agreement for any reason. Upon any breach or threatened breach of this section, either party shall be entitled to injunctive relief, which relief will not be contested by the Customer or the Company.

10. Refusal of Service

10.1. The Company reserves the right to refuse or cancel service in its sole discretion without refund.

10.2. If any of these Terms of Service are failed to be followed it will result in grounds for immediate account deactivation.

11. Disclaimer

11.1. USE OF THE COMPANY’S SERVICES AND PRODUCTS IS AT CUSTOMER’S SOLE RISK. NEITHER THE COMPANY NOR ITS EMPLOYEES, AGENTS, RESELLERS THIRD PARTY INFORMATION PROVIDERS, MERCHANTS LICENSERS OR THE LIKE, MAKE ANY WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, THAT THE COMPANY’S SERVICES AND PRODUCTS WILL NOT BE INTERRUPTED OR BE ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MIGHT BE OBTAINED FROM THE USE OF THE COMPANY’S SERVICES AND PRODUCTS OR AS TO THE ACCURACY, OR RELIABILITY OF ANY INFORMATION SERVICE OR MERCHANDISE CONTAINED OR PROVIDED THROUGH THE COMPANY’S SERVICE, UNLESS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT. THIS INCLUDES LOSS OF DATA, WHETHER RESULTING FROM DELAYS, ON DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY THE COMPANY AND ITS EMPLOYEES OR OTHER CAUSES.

11.2. THE SOLE CUMULATIVE LIABILITY OF THE COMPANY FOR ALL CLAIMS MADE BY THE CUSTOMER, OR ANY OTHER PARTY, REGARDLESS OF FORM, INCLUDING ANY CAUSE OF ACTION BASED ON CONTRACT, TORT OR STRICT LIABILITY, SHALL NOT EXCEED THE TOTAL AMOUNT OF ALL FEES AND CHARGES PAID TO THE COMPANY BY THE CUSTOMER.

11.3. The Company reserves the right to revise or change these Terms of Service at any time.

11.4. This Agreement shall be governed in all respects under the laws of the State of Colorado applicable to contracts made, accepted and performed wholly in Colorado, without application to principles of conflict of laws, and the Customer and the Company agree that the sole venue and jurisdiction for any disputes arising from this Agreement shall be the appropriate federal or state court located in the State of Colorado.

12. Domain Registration Agreement, ICAAN Policies

12.1. Customer acknowledges that all fees billed for domain registration will be billed directly to the Customer's credit card by 2Checkout.com, (2CO.com) GlowFish Web Solutions, Wild West Domains, or GlowHost.com, Inc.

12.2. By registering a Domain name through the Company, the Customer is establishing a relationship with either Instapro.net (Wild West Domains) or OnlineNic.com separate from the Company and this Agreement, and also agrees to the Terms of Service contained at each partner site.

12.3. The Company is the Domain name hosting business. All customer accounts are setup with the understanding that the Customer will transfer authoritative DNS control of the domain hosted to the Company, i.e., the Company requires the Customer to update the domain name registration of any domain hosted by the Company to list the Company's domain name servers as the hosting entity. The Company does not provide extended access to its network through non-authoritative DNS means for any purpose other than initial account setup.

13. By receiving hosting services from the Company, you are bound to all terms stated in this contract and orders who have not indicated they have read and agree these terms of service will be denied hosting services by the Company. This verification is submitted at time of order, and the order cannot proceed until these terms have been agreed to.