BMK Hosting reserves the right to suspend or cancel a customer's access to any or all services provided by BMK Hosting when we decide that the account has been inappropriately used.

Server abuse
Any attempt to undermine or cause harm to a server, or customer, of BMK Hosting is strictly prohibited.

Unauthorized use of other people's accounts or computers BMK Hosting will strongly react to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include "internet scamming" (tricking other people into releasing their passwords), password robbery, security hole scanning etc.

Any unauthorized use of accounts or computers by a BMK Hosting customer, whether or not the attacked account or computer belongs to BMK Hosting, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack.

Contents
All services provided by BMK Hosting 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 that is threatening or obscene, or material protected by trade secrets and other statue. The subscriber agrees to indemnify and hold harmless BMK Hosting from any claims resulting from the use of the service which damages the subscriber or any other party.

Examples of non-acceptable content or links

Pirated software
Hackers programs or archives
Warez Sites
Downloading Sites
Spamming Software

BMK Hosting will be the sole arbiter as to what constitutes a violation of this provision.

Downloading
We do not allow clients to use their account to distribute files via downloading, without approving it with BMK Hosting. Most downloading sites tend to be large system hogs and we cannot allow it as an account option. These files usually come in mass in .zip files, mp3 files, and .tar files.

Abuse of Bandwidth
BMK Hosting's customers are privileged with a generous amount of bandwidth per month per account. The intention of BMK Hosting is to provide a large space to serve web documents, not an offsite storage area for electronic files. All (90%) of your web pages (html) must be 'linked' with files (.GIF, .JPEG, etc.) stored on our server. Web sites that are found to contain either/or no html documents, a large number of unlinked files are subject to warning, suspension or cancellation at the discretion of BMK Hosting. Any customer who violates BMK Hosting's Policies in abusing either space/site transfer will be notified and given 2 days to remedy the problem. Failure to fix the problem when being asked will result in account suspension or cancellation at the discretion of BMK Hosting.

To maintain the integrity of our service the following limitations apply:

Sites with Banners, graphics or cgi scripts running from their domain used on other domains. Sites with picture galleries (This is any site where 50% of the files transferred is graphics) Sites offering download files or archives. (This is any site where 75% or more of there monthly traffic is from file downloads). Sites using more than 30% of system resources for longer than 60 seconds.

Traffic will go unmonitored until you reach your quota. Thereafter, you will be asked to upgrade to the next available plan and/or pay for excess of usage. You will receive a notice detailing your bandwidth usage. You will have 7 days to upgrade to the next available plan and/or pay for excess of usage. If you do not upgrade to the next available plan your site will be disabled within 7 days of your first notice.

BMK Hosting will be the sole arbiter as to what constitutes a violation of this provision.

Bandwidth Usage
If a site uses over it's allotment of bandwidth for its type of account, the customer will be charged an additional $2.00 per GB over over allotment per month. If a site is popular enough that is using more than its bandwidth allotment, then the customer is expected to be responsible for higher charges based on the amount of data transfer. The customer acknowledges, in advance, that he/she will be charged an additional $5.00 per GB per month if the bandwidth exceeds the allotment for the users account. Please note that we sell in a block of 5GB at $2.00 per GB.

The customer will be e-mailed a notice once an additional amount is assessed to the customer account. Warnings will not be sent to notify customer that the limit has been reached or exceeded. This term and condition is non-negotiable.

Customers have the right to use their account for any type of legal data transfer including providing free image services that can be linked from the owner's account from any other service.

Unsolicited Email (Spam)
Commercial advertisements with e-mail Unsolicited commercial advertisements are not allowed in e-mail, and will likely result in account suspension or cancellation. Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account suspension or cancellation. See the newsgroup or mailing list's charter for whether advertising is allowed or not. "Spamming," or sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such. Sending a message, especially an advertisement, to more than five or six recipients, is by itself spamming unless the individuals have specifically requested to be added to a mailing list on that topic. E-mail is a person-to-person medium, not a broadcast medium.

Chat Rooms
We do not allow clients to install their own chat rooms, without approving it with BMK Hosting. Most chat rooms tend to be large system hogs and we cannot allow it as an account option.

Background Running Programs
We may allow programs to run continually in the background. These are considered on a one-to-one basis and an extra charge will be incurred based on system resources used and operational maintenance needed.

Payment Policies
All accounts are set up on a pre-pay basis. All pricing is guaranteed for the term of pre-payment. BMK Hosting reserves the right to change prices at any time, unless other terms have been agreed upon. Any account not brought current within a week (7 days) of e-mail notice or exceeding this time frame in any way is subject to suspension. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies BMK Hosting in writing for a request for termination of services. All payment is in U.S. currency.

Cancellation
BMK Hosting reserves the right to cancel service at any time. All fees paid in advance of cancellation will be pro-rated and paid by BMK Hosting if BMK Hosting institutes its right of cancellation. Refunds won't be applied for yearly plans unless you upgrade your plans, the credit of old plan will be credited toward the new plan. Any violation of policies which results in extra costs will be asked customer to pay (i.e. transfer, space etc.). BMK Hosting must be notified by client at least 3 days before billing cycle for cancellation of service. .

Lawful Purpose
BMK Hosting reserves the right to refuse service to anyone. Customers may only use our server for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. BMK Hosting expressly forbids anyone from using our servers for the propagation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, or pornographic material, or any other material which we deem to be objectionable, including, but not limited to, pornography, satanic materials, and any and all materials of an adult nature. The designation of any materials as such described above is left entirely to the discretion of BMK Hosting management.

Indemnification
Customer agrees that it shall defend, indemnify, save and hold BMK Hosting harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against BMK Hosting, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless BMK Hosting against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with BMK Hosting server(*); (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement (4) any defective products sold to customer from BMK Hosting servers* and (5) conflicts that arise between customer & customers employer when services are provided for said customers private employment.

(*)Servers provided via - Private Label Reseller account provided by iValueHost, LLC.

Disclaimer
BMK Hosting will not be responsible for any damages your business may suffer. BMK Hosting makes no warranties of any kind, expressed or implied for services we provide. BMK Hosting disclaims any warranty or merchantability or fitness for a particular purpose. The includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by BMK Hosting and its employees. BMK Hosting reserves the right to revise its policies at any time.

All clients of BMK Hosting must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate account deactivation.