Terms Of Service / Acceptable Use Policy

Agreeing to BiAnz.in, Acceptable Use Policy and Terms of Conditions is mandatory for Hosting signing up or using our services. Please make sure you read everything. If you have any queries, feel free to Contact Us.

BiAnz.in provides web hosting to clients worldwide, and we have a responsibility to protect each client and to provide the best services available. All clients of BiAnz.in are subject to the following terms of service:

Billing
All Payments To BiAnz.in are Non-Refundable. However we may review it on need-be-basis.

Late Payments
All accounts are billed according to the dates they were first activated on. Accounts that are past due may be disabled on an individual need-be-basis solely at our discretion.

Domain Registration Fees are Non-Refundable
All fees are due at the time of registration and are non-refundable, in whole or in part, even if the domain name registration is suspended, canceled or transferred prior to the end of the registration term. Once a domain name is registered, it can not be altered, including spelling corrections.

Acceptable Use Policy
All services provided by BiAnz.in 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. Our acceptable use policy is actively and strictly enforced. Offending content or users are suspended from our network, usually as soon as they are discovered, although we will always inform you when and why any action has been taken.

Pornography is prohibited on all BiAnz.in servers. This includes sites that include sexually explicit or hardcore images and/or advertising. If you think your site may violate our Terms Of Service, please ask us before signing up for an account so that we may determine if we can host your site. BiAnz.in reserves the right to determine what is and what isn't acceptable for our servers. If child pedophiliac material (pedo hard pics) are found on user/customers account the account will be immediately deleted and the user will be fined.

Illegality In any form, including but not limited to the unauthorized distribution or copying of copyrighted software or other data, harassment, fraud, trafficking in obscene material. Undesirable Content Certain types of content are not allowed on our network. We do not host adult content of any description. Content relating to Hacking, Cracking, Warez and IRC is not allowed. Software downloads may only be hosted if you are the writer and copyright owner of the software. Audio and video downloads will not be hosted on our servers. There are no exceptions. Offending content or users are suspended from our network, usually as soon as they are discovered, although we will always inform you when and why any action has been taken. Accounts suspended due to content or AUP violation are not refunded under any circumstances.

CGI Scripts
Each account comes with its own cgi-bin. You are free to use any CGI scripts you wish, however we reserve the right to disable any CGI script that effects normal server operation without prior warning.

Banned Scripts
The following scripts are banned from use on our servers and may not be uploaded or run. Reasons for banning them include adverse effects on server load, invitations to hackers/spammers/criminal activity, etc.
IRC egg drops Proxy servers
Mail bombers
Anonymous mailers
IP spoofers
Port scanners
nph-proxy
UBB (Ultimate Bulletin Board, all versions)
Ikonboard, Yabb (all versions)

Background Running Programs
Background daemons in general are prohibited, we will consider requests on a one on one basis. If allowed extra charges will be assessed based on resources on system maintenance needed.

IRC
We currently do not allow IRC or IRC bots to be operated on our servers.

Backup
BiAnz.in is not responsible for backups for MySql databases. Subscriber acknowledges that they will backup their own databases from the backup utility provided from their control panel. BiAnz.in will however do other backup's of websites, images, cgi-bin, mail, etc.

Commercial Advertising - Email
Our servers may not be the source, intermediary, or destination address involved in the transmission of spam, flames, or mail bombs. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. SPAM /illegal content advertising sites on other servers which in turn contain links to a domain on our servers is prohibited. We consider spam any mass unsolicited message in the mediums of Newsgroups and Email. You will not use your account for any bulk-mailing carried out for a third party including and not limited to another domain off our network. If you are found to have spammed, then we will immediately, without warning, disable your domain. In addition, we will impose a $250 penalty for each spam policy violation. Penalty for subsequent violations will be higher. We reserve the right to refuse or cancel service to known spammers. Lastly, we reserve the right to determine what violates this policy. As such, any violation will result in immediate deactivation of services without refund. Server Abuse: Any attempts to undermine or cause harm to a server is strictly prohibited.

Indemnification
Customer agrees that it shall defend, indemnify, save and hold BiAnz.in and it's associates harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against BiAnz.in , 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, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless BiAnz.in against liabilities arising out of;

(1) any injury to person or property caused by any products sold or otherwise distributed in connection with BiAnz.in servers;
(2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party and
(3) copyright infringement. Accounts Reinstatement: Accounts and domains deleted due to violation of our acceptable use policy cannot be reinstated. Refusal of Service: We reserve the right to refuse, cancel, or suspend service at our sole discretion.

LIMITATION OF LIABILITY
BiAnz.in shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from BiAnz.in servers going off-line or being unavailable for any reason whatsoever. Furthermore, BiAnz.in 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 BiAnz.in servers. All damages shall be limited to the immediate termination of service. Violations of these Acceptable Uses Policies should be referred to support@BiAnz.in. All complaints will be investigated promptly.

DISCLAIMER
BiAnz.in cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. Certain services provided by BiAnz.in are resold. Thus, certain equipment, routing, software, and programming used by BiAnz.in are not directly owned or written by BiAnz.in. Moreover, BiAnz.in holds no responsibility for the use of our clients accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as BiAnz.in sees fit. FURTHERMORE, BiAnz.in retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.