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Terms of Service

The terms and conditions that each client must adhere to

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Overview

All services provided by BulwarkHost (“BulwarkHost”) may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any United States federal, state or city law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless BulwarkHost from any claims resulting from the use of service which damages the subscriber or any other party.

Account Setup and Activation

By activating your account with BulwarkHost, you agree to the following policies and disclaimer. Upon requesting activation of an account, you are required to accept these policies, guidelines and disclaimer, and a copy of your acceptance is forwarded along with your activation request to be maintained with your account information. If you sign up for an account and fail to comply with these terms, no refunds will be given. We will, however, advise you by e-mail or phone prior to taking any action to provide you with an opportunity to correct the problem.

Full payment must be made before accounts are setup. In addition, all orders will need to pass an automatic screening process by our system. In most cases, accounts are instantly setup. It is your responsibility to provide us with accurate billing, contact and payment information so that your order will successfully pass our automated screening. In the event that your order does not pass our screening process, our staff will contact you to request for additional information. BulwarkHost is not responsible for lapsed account setup due to any order not passing our screening process.

Customers who are proven to have provided false information upon sign up will have their orders cancelled.

Account Transfers

We make every effort to help you transfer your site to BulwarkHost, however do take note that the migration service is a courtesy service. We try our best to complete transfers 24-48 hours after the request is made, however no guarantees of any kind shall be given. In rare cases, we may be unable to assist you in transferring your data from your old host.

We offer free transfers for up to 30 days from the date your BulwarkHost client account was registered. After 30 days, a fee of $10 per account may apply, at our sole discretion.

Reseller account transfers are completely free for up to 20 accounts. Beyond that, you will be charged a fee of $10 per cPanel account. The same 30-day rule stated above applies to resellers as well.

When transferring from a web host that is not cPanel-powered or does not allow access to full cPanel backups, a transfer fee of $20 may apply per account or website. In some cases, multiple domains are configured in a different way and they may be considered multiple accounts for transfer.

Prohibited Content

Sites that promote illegal activities, hate/racism, and links to such materials are strictly prohibited. Certain scripts/programs that frequently cause server issues are also not allowed on BulwarkHost’s servers. Below are some examples of content that are not allowed on our servers. Take note that prohibited content/files are not limited to the ones listed below, and determining whether your content is allowed or not is at our sole discretion.

  • illegal adult/pornographic content such as child pornography
  • warez/nulled/illegal files
  • public file and image dumps (similar to Photobucket, Rapidshare, etc.)
  • public video hosting and streaming sites (similar to YouTube, Vimeo, etc.)
  • commercial banner ad services
  • phishing and scam sites
  • mail bombing sites and other spam scripts
  • lottery sites, HYIP, investment sites, and other similar sites
  • content with race and/or religion discriminatory remarks
  • hacking related content
  • IRC, IRC bots, and related software
  • P2P and file-sharing software such as BitTorrent, Deluge, etc.
  • web spiders, crawlers, and similar scripts
  • shoutboxes, chatboxes, and similar scripts
  • proxy scripts

Your account will be terminated immediately and without notice if your account is found to contain illegal files, such as, but not limited to illegal MP3 files, pirated software, warez, hacker programs. In addition, BulwarkHost will notify the proper authorities of your actions.

General Account Usage

Customers may not use their hosting accounts as backup file storage. All files in your account must be part of your site content. BulwarkHost reserves the right to delete backup/archive files found in user web hosting accounts.

Shared and Enterprise hosting customers may not resell hosting services to others. Customers found doing so will have their account terminated and no refunds will be given.

Mail bombing/spamming is strictly prohibited. Additionally, each domain has an email sending limit of 200 emails per hour.

SSH access is available for a one-time fee of $2.00 per cPanel account. If a client is found doing anything illegal/abusive through SSH, their SSH access may be revoked without notice and no refunds shall be given.

Resource Usage

To make sure our servers are stable for everyone, each account has a resource allocation limit, depending on the plan. We have generous resource limits in place for our regular shared/reseller and enterprise plans.

Regular Shared Hosting Accounts:

  • CPU Core Access: 1 full core
  • I/O: 5MB/s
  • Virtual Memory: 1024MB
  • Physical Memory: 1024MB
  • Entry Processes: 20

Enterprise Hosting Accounts:

  • CPU Core Access: 2 full cores
  • I/O: 10MB/s
  • Virtual Memory: 2048MB
  • Physical Memory: 2048MB
  • Entry Processes: 50

All shared, reseller, enterprise web hosting users may not:

  • use 25% or more of system resources for longer than 300 seconds
  • run cron jobs with intervals of less than 5 minutes without prior approval from BulwarkHost

The software we use has the ability to automatically throttle accounts which frequently hit their resource limits. As such, we do not usually suspend accounts for high resource usage. However, if we see that your account is using too much resources such that it may affect the overall performance of the server (usually when maxing out resources for prolonged periods of time), we reserve the right to suspend your account until the issue is resolved on your end.

Traffic Usage

All BulwarkHost accounts come with a predetermined amount of traffic allowance. If you exceed your traffic allowance (bandwidth), your account will have to be temporarily suspended.

Server Abuse

Any attempt to undermine or cause harm to a server or customer of BulwarkHost is strictly prohibited. As our customer you are responsible for all your accounts. Should you violate any of our terms, your account will be terminated and you will not be eligible for any kind of refunds.

Refusal of Service

We reserve the right to refuse, cancel or suspend service, at any time and at our sole discretion.

Billing

Every month, BulwarkHost shall either:

  • debit the client’s credit card (when such information has been provided by the client)
  • deliver, by e-mail or regular mail, an invoice in accordance with the applicable Service Fees for services rendered for the current month.

When an invoice is delivered to the client, payment shall be remitted to BulwarkHost by no later than the specified payment due date. BulwarkHost shall be entitled to immediately terminate this agreement for client’s failure to make timely payments. You will be provided with an invoice on a monthly basis. All credit cards are billed automatically on a monthly basis. It is the client’s responsibility to ensure that they have sufficient credit to cover this transaction. In the event that there is insufficient credit, we will send an e-mail notification, at which point we will need to be provided with another credit card account number within 24 hours. If we do not receive a response within 24 hours, the account, and all accounts under that account plan, will be suspended.

Clients who fail to settle their invoices within 5 days from the due date will have to pay a $15.00 late fee. Furthermore, if an invoice is 7 days past the due date, the hosting account will be suspended and the client would be required to settle the invoice (with late fees applied) for their account to be reinstated.

Clients who fail to pay for their invoice (with late fee added) 30 days after the original due date will have their hosting account permanently deleted from our server. BulwarkHost shall not be responsible for providing data backups to clients in this case.

Cancellations and Refunds

BulwarkHost reserves the right to cancel, suspend, or otherwise restrict access to any account at any time with or without notice.

BulwarkHost offers a 30-day money back guarantee. Clients who are not satisfied with our services may request a refund as long as they are within the 30-day money back guarantee period. After the initial 30 days, no refunds will be issued, whether in part or in full.

Only first-time accounts are eligible for our money back guarantee. For example, if you’ve had an account with us before, cancelled and signed up again, you will not be eligible for a refund.

Only your first order is eligible for our 30-day money back guarantee. If you have more than one service/product in your account and would like to avail of the money back guarantee, only your first order (first invoice) will be refunded.

Domain names and software licenses are non-refundable. If you received a domain and/or a software license as part of the hosting package you purchased and you wish to avail of our 30-day money back guarantee, the domain and/or license cost will be deducted from the refund amount.

All eligible clients who wish to take advantage of our money back guarantee must send a refund request within the 30 day period. Refund requests must be sent through our ticket support system, and must be addressed to the Billing department. Refund requests made through other means will not be entertained.

Refunds will be issued only through the original payment gateway. For example, if a client paid through PayPal, their refund will be processed strictly via PayPal only.

Clients who file transaction disputes and/or chargebacks will have all their BulwarkHost services terminated immediately. Furthermore, all current and future refund requests will be denied, regardless of your client account status prior to the dispute/chargeback.

Abuse of our staff and/or attempts to damage BulwarkHost’s public reputation in any medium or format will result in the suspension or termination of your services without refund.

Clients who violate any of our terms will automatically be ineligible for a refund.

PayPal Subscriptions

In the event that you decide to cancel your BulwarkHost account, you would be responsible for updating your recurring payment preferences in PayPal. If you do not cancel your PayPal subscription, we would be sent funds from your account regardless if you have an active service with us or not. STRICTLY NO REFUNDS WILL BE ISSUED IN THIS CASE.

Account Suspensions and Terminations

BulwarkHost suspends accounts if an invoice remains unpaid 7 days past the due date. Suspended accounts are kept in BulwarkHost’s backup server for 30 days, and hosting service is automatically restored when the client pays for the invoice and the late fee. However, if the invoice remains unpaid for over 30 days, the account would be terminated (i.e., permanently deleted) and BulwarkHost shall not be responsible for any loss this may incur.

All clients with suspended accounts due to non-payment will be required to pay a late fee of $15.00 prior to reactivation and no exceptions shall be made.

Limitation of Liability

BulwarkHost shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from BulwarkHost ‘ servers going off-line or being unavailable for any reason whatsoever. Furthermore, BulwarkHost shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of BulwarkHost’s servers. All damages shall be limited to the immediate termination of service.

Violations

Violations of any and all of these policies should be referred to abuse@bulwarkhost.com. All complaints will be investigated promptly. Failure to follow any of our terms will be grounds for immediate account deactivation.

Disclaimer

BulwarkHost cannot be held liable for system downtime, crashes or data loss. We cannot be held liable for any predicated estimate of profits which a client would have gained if their site were functioning. Certain services provided by BulwarkHost are resold. Thus, certain equipment, routing, software and programming used by BulwarkHost are not directly owned or written by BulwarkHost. Moreover, BulwarkHost holds no responsibility for the use of our clients’ accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, as BulwarkHost sees fit.

Changes to the Terms of Service

BulwarkHost reserves the right to revise these terms at any time with or without prior notice.

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