Upon signing up for BayStranger's services, all customers agree to comply with BayStranger's Terms of Use ("TOU"). The spirit of the TOU is to ensure customers are using BayStranger's services with due regard to the rights of other Internet users and in conformity with the requirements of BayStranger's network environment. Any complaints about a customer's violation of the TOU should be sent to abuse@baystranger.com
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The following Terms of Use apply to ALL BayStranger customers:

BayStranger has the rights to discontinue services or deny access to anyone who violates our Terms and Conditions WITHOUT WARNING OR PRIOR NOTICE. Hosting fee will not be refunded if your account termination is due to violation of any of terms and conditions outlined below.

Resource Utilization
We reserves the right to suspend your site in case of over utilization of resources like CPU usage, RAM usage, Unusually high incoming http connections, Unusually high incoming or outgoing email traffic. If the high usage is not due to any kind of abuse but due to a large site that has out-grown shared hosting environment, we will refund the payment on pro-rated bases and the suspension of the site will NOT be without any warning or discussion.

Illegal Use
BayStranger services 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.


Spamming
Sending unsolicited personal/commercial messages over the Internet (known as "spamming") is prohibited, regardless of whether or not it overloads a server or disrupts service to BayStranger's customers. BayStranger reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision. BayStranger may terminate any hosting/email hosting without refunds in case of SPAM abuse.


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; 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. Further any account found to be using our servers for the purpose of testing scripts/applications (which may or may not put load on server) will be terminated without refunds. Users are advised to test their scripts/applications in their local environment and then upload final and tested scripts on the server.

Viruses and Other Destructive Activities
Use of BayStranger'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.

Pornography
The use of BayStranger's servers to store, post, display, transmit, advertise or otherwise make available any type of pornography is prohibited. Some type of pornography may be considered legal in some countries but BayStranger doesn't allows any kind of pornography on its servers. BayStranger is required by law, and will, notify law enforcement agencies when it becomes aware of the presence of pornography on, or being transmitted through, its services.

Payment
BayStranger reserves the right to suspend the services if the payments are not made by the due date. BayStranger shall not be held liable for any kind of loss due to disruption of services.

Actions Taken by BayStranger
The failure by a customer to meet or follow any of the TOU is grounds for account deactivation. BayStranger will be the sole arbiter as to what constitutes a violation of the TOU. BayStranger reserves the right to remove any account without prior notice and to refuse service to anyone at any time. Depending on the severity of the violation, BayStranger may, at its sole discretion, restrict, suspend, or terminate a customer's web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, BayStranger will notify the appropriate law enforcement authorities of such violation. BayStranger does not issue credits for outages incurred through service disablement resulting from TOU violations. BayStranger customers agree to indemnify and hold harmless BayStranger from any claims resulting from the use of our services that damages them or any other party.

IRC
BayStranger does not allow IRC or IRC bots to be operated by Web Hosting and E-Commerce customers.

Backups
We strongly encourage all of our customers to take their own backups on their own computers or CDs to ensure you have ready access to your data in the event, we should have a hardware failure. Though we do not expect anything like this to occur, we want you to be prepared in the event that it does. Please kindly take backups of your all files. Please maintain the back up of your all important mail by downloading them to your local email client like outlook express. We do not guarantee your backup IN ANY WAY. We do take care of our servers and data in it, but the customers are responsible for their backups.

Software Distribution
BayStranger's Web Hosting and E-Commerce accounts are not configured for the purposes of distributing downloadable software and/or multimedia products.

The BayStranger 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. BayStranger 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.