Binary Flux Solutions LLC

Terms of service

The use of services from Binary Flux Solutions LLC hereafter referred to as "BFS" constitutes agreement to these terms.

Contact information.

It is your responsibility to provide us with an email address that is external of your website. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is the customers responsibility to keep all contact infromation up to date and accurate. We reserve the right to terminate any account were the information provided is believed to be fradulent.

Account Setup

We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) for fraud succesfully. We reserve the right to request further documentation such as a copy of a government id at our discretion. We may also choose to deny an order if we feel that it is not in the best interest of our company or the internet community.

Domain Registration / Renewal

Domains registered upon payment become the property of the client. We will attempt to contact client for domain renewals as a courtesy, but we are not responsible to renew domains unless we get a request. The client should notify us prior to the domain expiration that can be found by performing a whois lookup on their domain. If the client contacts us after the domain expires and it is still within the redemption period provided by the registrar we will register it and charge the client any additional costs required by the registrar to remove the domain from redemption. Should the domain be registered after leaving redemtion by another party we will not be able to assist the client and they will have to make arrangements with the new owner.

Content

All services provided by BFS may only be used for lawful purposes. The content of your site must be lawful in the state of Texas and the United States.

You may not utilize our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. If you believe that your copyright or trademark is being infringed upon, please email abuse@binaryfluxhost.com with the information required. We reserve the right to terminate any account without notice if we deem it not be in the best interest of the internet community.

Examples of unacceptable material includes:
IRC Bots, Proxy Scripts / Anonymizers, Pirated Software / Warez, file dump, or banner-ad services (similar to rapidshare, photobucket, or commercial banner ad rotation), topsites, commercial audio streaming , Escrow, High-Yield Interest Programs(HYIP) or related sites, Investment sites (FOREX, egold exchange), sale of any controlled substance , AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg's, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts. Forums that distribute or link to warez content is prohibited, Adult content is also not allowed on any of our services.

We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene or threatening is prohibited and will be removed from our servers with or without notice.

Failure to respond to email from our abuse department within 24 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via trouble ticket/email and will have a response within 24 hours.

If in doubt regarding the acceptability of your site or service, please contact us at abuse@binaryfluxhost.com and we will be happy to assist you.

We take the protection of minors seriously and will terminate any account that we feel depicts Child Pornography, or promotes information that may be harmful to minors.

At our discretion we may also notify the properly law enforcement agencies if we feel that your content is illegal.

Spam Policy

We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and "double opt-in" will be treated as spam. Any user who sends out spam will have their account terminated with or without notice. No organization or entity listed in the ROKSO may be hosted on our servers. If your account causes any of our IP's to be blacklisted we reserve the right to terminates/suspend your account and charge an administrative fee at our discretion to repair the damages incurred.

BFS reserves the right to require changes to or disable as necessary any account that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.

Payment Information

The client must provide accurate billing information and keep payment information up to date. All services provided are recurring unless specified differently.
 Any invoice that is overdue will result in an account suspension until the account balance has been paid in full.
We may provide up to a 7 day grace period on your account if  you ask for it. You must do this prior to the due date as our billing system will automatically suspend overdue accounts that are not flagged for an extension.

We are not responsible for lost mail in payments, or incomplete wire transfers. It the customers responsibility to verify that payments are applied to there accounts prior to the due date.

Cancellations

Cancellations must be done via our support desk. Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you that your account has been canceled. At this time, your account can be considered canceled. If you do not hear back from us or receive an e-mail confirming this cancellation within 24 hrs, please contact us immediately.

BFS reserves the right to cancel an account at any time with or without notice. Data located inside of your account will be deleted.

Refund Policy

We will provide a refund if requested within 7 days of purchase minus the cost of the domain name. The domain name will be transfered to a register of your choice or you can update your domain name nameserver through the client area. Non-tangible items are exluded from this policy( for example SSL certificates, Downloadable items,etc...).

If we terminate your account due to abuse you forfeit your remaing months.

We currently do not offer pro-rated refunds after the 7-day grace periods wth the exception of accounts holders who pay annualy. For anually paying customers we may return a pro-rated amount based on account usage upto the date of requested cancelation.

Software updates

It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. Clients are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as username and password. Audits may be done to locate software with know vulnerabilities, if a program is located we may notify you and suspend your account until it is resolved.

Backups

We take the retention of your account data very seriously, and we perform nightly backups. When possible we will help you recover from data loss. We do not guarantee our backups, and encourage our clients to backup their files periodically. Facilities are provided inside of the control panel for performing backups.

Resource Usage

Should your account utilize an excessive amount of server resources (including, but not limited to, CPU processing time, memory usage and network resources) for a sustained period of time, Binary Flux Solutions LLC reserves the right to request that you either upgrade your web hosting service package or reduce your account's use of resources to an acceptable level. Binary Flux Solutions LLC will be the sole arbiter of what is considered to be an excessive amount of server resources. Binary Flux Solutions LLC reserves the right to suspend or shut down any web hosting account deemed to adversely affect server performance or network integrity. In addition, Customers may not run network-accessible servers or other daemons from shared hosting accounts.

Most sites will not be affected by these limits and if for some reson your account is flagged we will work with you to reduce your usage to an acceptable level. 90% of the time the usage is caused by an outdated or badly written script.

If you intend to run a forum or media heavy site (Videos) pleae contact us and we will advice you on what plan may best meet your needs. In some cases we find clients outgrow shared hosting accounts, and we can assist them on acquireing a VPS solutions or dedicated server.

If you are unsure if your account usage would be considered excessive please contact sales@binaryfluxhost.com and we will gladly discuss the matter with you and make suggestions on what hosting package may be right for you.

File Limit

The site may not be used as a storage space, content on your server must be used to serve via the web server.

Bandwidth Usage

You are allocated a monthly bandwidth allowance. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, or until more bandwidth is purchased at an additional fee, terminate the account and/or charge you an additional fee for the overages. Bandwidth overages are charged at $0.50 a gig. Bandwidth not used in the monthly period are forfeited at the end of the term.

Uptime

 We will notify clients at least 24hrs prior to any updates that may cause downtime. In an emergency we reserve the right to perform repairs / updates without notice. Please use our system announcement page for further information.

Reselling Service Plans

You may not purchase our plans and then resell them to a third party. You can however particiapte in our refereal program.

Indemnification

Customer agrees that it shall defend, indemnify, save and hold BFS harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against BFS, its agents, its customers, officers and employees, that may arise or result from any service provided and arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with our services; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers via the services provided by BFS.

Legal Arbitration

By using any our services, you agree to binding arbitration. If any disputes or claims arise against BFS thry will be handled by an arbitrator of our choice. All decisions rendered by that arbitrator will be binding and final. You are also responsible for any and all costs related to such arbitration.

Disclaimer

BFS shall not be responsible for any damages your business may suffer by using our services. The services we provide are provided AS-IS, and we are not responsible for any data loss or financial loss due to the disruption of services. Should a ruling find us liable it will be limited to the cost of the service provided for the month convered during this time.

Disclosure to law enforcement

BFS may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies.

AUP Updates

We reserve the right to update this policy at any time. So please check back periodically.

for updates.