BBL Systems Terms of Service

Last updated May 25, 2018

You must agree to the below terms of service before you can create your BBL System’s Hosting or Subscription account. Our shopping cart will not permit you to make any purchases unless you agree to the below terms of service.

Our terms of service (TOS) are designed to provided to our customers a clear and transparent understanding of what we expect of them while they are using our service(s). The use of BBL System’s service(s) represents your acceptance and agreement to BBL System’s’s (TOS), regardless of whether you have read them or not.

BBL Systems Inc accepts your use of our service(s); therefore we do not actively monitor your accounts activity under normal conditions. Furthermore, we do not implement editorial control over the content of any Web site. This includes e-mail sending, newsgroup or other material created or available over or through the services, except for certain proprietary Web sites. However, in accordance with our (TOS), we hold full authority to remove any materials that, in our individual judgment, may be illegal, may subject us to liability or which may violate our (TOS). BBL System’s reserves the right to oblige with legal establishment and/or third parties in the examination of any suspected or alleged crime or civil wrongdoing. Violation of our (TOS) may result in the suspension or immediate termination of your BBL System’s Hosting account and/or services.

We do not routinely monitor the activity of accounts except for measurements of system exploitation, possible security or fraud risks and the preparation of billing records. However, in our efforts to promote good citizenship within the Internet society, we will respond appropriately if we become aware of improper use of our service.

If a BBL System’s Hosting account is used to violate our (TOS) we reserve the right to cease your service without notice. We prefer to advise customers of inapt activities and any necessary corrective action. However, blatant violations of the (TOS) will result in instantaneous termination of service. Our failure to implement this policy, for whatever reason, shall not be interpreted as a waiver of our right to do so at any time.

You must use our services ethically and responsibly.

1) Account Setup / Passwords

Account Registration and Use License: In order to access and use all of the features of the Service, you are required to open an account (“User Account”) by registering with BBL Systems. When you register for your User Account you must provide true, accurate, current and complete information (“Account Information”), and you agree to update the Account Information in order to ensure that it is current. Upon proper registration and opening of a User Account, and subject to all of the terms and conditions of these Terms of Use, BBL Systems hereby grants to you the personal, non-transferable right and license to use the Service, solely for your own internal business purposes, until such time as either you or BBL Systems elect to terminate such right in accordance with these Terms of Use.

Eligibility: As an express condition of being permitted to open a User Account, you represent and warrant that you (i) have the legal capacity (including, without limitation, being of sufficient age) to enter into contracts under the law of the jurisdiction in which you reside, (ii) are not on a list of persons barred you from receiving services under U.S. laws (including, without limitation, the Denied Persons List and the Entity List issued by the U.S. Department of Commerce, Bureau of Industry and Security) or other applicable jurisdiction and (iii) are not a resident of Cuba, Iran, North Korea, Sudan or Syria.

Passwords: Upon registration on the Site, you will provide BBL Systems with a password to access your account. You are responsible for maintaining the confidentiality of your password and for all of your activities and those of any third party that occur through your account, whether or not authorized by you. You agree to immediately notify BBL Systems of any suspected or actual unauthorized use of your User Account. You agree that BBL Systems will not under any circumstances be liable for any cost, loss, damages or expenses arising out of a failure by you to maintain the security of your password.

2) Content & Activities

All services provided by BBL System’s Hosting may only be used for lawful purposes. This includes, but not limited to: copyrighted material, material we judge to be threatening or obscene. The customer agrees to indemnify and hold harmless BBL System’s from any claims resulting from the use of our services.

Examples of Totally Unacceptable material:

  • IRC Bots.
  • Warez Sites.
  • MP3′s (unless You are the Artist).
  • Password sharing sites.
  • Sites that run any type of proxy script.
  • Pirated Software.
  • Hacked programs and archives.

2.1) Distribution of Malicious Code:

Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data and/or computer systems are prohibited.

Examples of this are computer viruses, Trojan-horse programs and Internet-based worms. Such an offense will result in the immediate termination of the offending account.

2.2) Infringements

Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right: Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated. It is not permitted to use of the BBL System’s to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources and the unauthorized transmittal of copyrighted software.

2.3) File Hosting

File hosting and file storage of any type is strictly prohibited on any and all servers within the BBL System’s Hosting network. You MAY NOT use your BBL System’s account as a download or file storage repository. Our services are strictly offered for website hosting only. This does NOT mean that you can not have downloads on your site. This means you can not operate a site that specializes in downloads like Download.com or similar and you may not use your BBL System’s account as storage repository for MP3, games, video, audio or music files. Your account may not exceed 10% of used space in MP3, games, video, audio or music files.

2.4) Adult Sites

Due to various legal and moral implications. BBL System’s does not permit sexually explicit material on any of its servers.

3) Spam / Email 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 without notice.

BBL System’s Hosting reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with this policy, at its sole discretion. BBL System’s also reserves the right to make any such modifications in an emergency at our sole discretion.

BBL System’s reserves the right to charge th holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is left entirely to the discretion of BBL Systems.

Bulk Email / Mass Email scripts of any type are not permitted on any BBL System’s server. The send mail rate on all BBL System’s servers is capped at 200 emails per hour per account, any more than this will be bounced back to the sender. If you require more than this, please open a support ticket stating the reason why the 200 limit should be raised on your account and the EXACT source of your mailing list.

3.1) Usenet Spamming

BBL System’s Hosting has a zero tolerance policy for the use of its servers for the posting of messages or commercial advertisements, which violate the rules, regulations, FAQ or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.

4) Payment Information

You agree to supply appropriate payment for the services received from BBL System’s Hosting, in advance of the time period during which such services are provided.

You agree that until and unless you notify BBL System’s of your desire to cancel any or all services received, those services will be billed on a recurring basis.

5) Backups and Data Loss

Your use of the BBL System’s Hosting service is at your sole risk. BBL System’s is not responsible for any and all files and data residing on your account on our servers. BBL System’s does not maintain backup copies of customers web sites or e-mail. BBL System’s cannot guarantee that the contents of a Web site will never be deleted or corrupted, or that a backup of a web site will always be available. You agree to take full and sole responsibility for any and all files and data transferred to our servers and to maintain all appropriate backups of any any and all files and data stored on any BBL System’s server to which you have an account on.

5.1) Termination of Data and Customer Privacy

For your privacy, all data and files from terminated and canceled accounts are deleted and purged from our servers on a periodic basis. This includes any and all back ups. Please make sure to back up all your files and data before canceling your BBL System’s account.

5.2) Emergencies and Special Situations

We reserve the right to take any proactive steps we deem necessary to maintain the security, connectivity, performance and services of our network, infrastructure and customers, including but not limited to actions requiring us to deactivate web sites, shut down our network, or review the content on web sites to evaluate the reason for perceived behaviors. In rare instances, we may need to completely delete a web site or account because of some significant failure, security breach or other emergency. In such cases, we do our best to backup a deleted web site, but we cannot ever guarantee a full restore of a web site.

5.3) Account Security

Misuse of your account is your sole responsibility, even if your friends, family member, guest, or employee committed the activity. Henceforth, you must take actions to ensure that others do not gain access, which you do not approve of, to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server.

Your password provides access to your account. It is your responsibility to keep your password secure. We are not responsible for ANY misuse of your account due to the authorized or unauthorized distribution of your password.

Sharing your password and account access with unauthorized users is prohibited. You should take precautions to prevent others from using your account since you will be held responsible for such use.

Attempting to obtain another user’s account password is strictly prohibited and may result in termination of service. You must adopt adequate security measures to prevent or minimize unauthorized use of your account.

Users who violate systems or network security may incur unlawful or civil liability. BBL System’s will oblige fully with examinations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.

6) Cancellation and Refund Policy

BBL System’s does not have a refund policy and does not offer a money back guarantee of any type unless specified under an intial signup promotion. All sales are considered final. We do not prorate any part of our billing fees for any unused time.

You may cancel your BBL System’s account at any time you desire. If you joined with PayPal, please login to your PayPal account and cancel any subscription agreement. Alternatively, Submit a cancellation request to our customer support help desk.

If you cancel your BBL System’s account you are entitled to keep the domain that we have registered for you on your behalf. We will also transfer it to any web hosting company or domain registrar of your choice completely free of charge.

If you joined BBL System’s via the yearly payment option and you cancel before the year has expired. Your BBL System’s account will remain active until exactly 365 days have passed from the date of your last yearly Payment. After which it will be terminated unless you renew your billing before the 365 days has expired.

If you joined BBL System’s via the monthly payment option. Your account will be terminated whenever it becomes 15 days past due.

BBL System’s will treat all files and data of terminated accounts exactly as outlined in the above clause 5.1.

6.1) Cancellation for lack of payment

Any account that has unpaid invoices that are more than 15 days outstanding may be terminated at any time without notice. Before BBL System’s will terminate any account for lack of payment. BBL System’s will send no less than 2 payment request emails to the account holder. BBL System’s will treat all files and data of terminated accounts exactly as outlined in the above clause 5.1.

7) Refusal of Service

BBL System’s reserves the right to refuse service at its discretion. BBL System’s will treat all files and data of terminated accounts exactly as outlined in the above clause 5.1.

8) Domain Names

Domain name registered and paid throught our service is the property of the person/company conducting the registration.

8.1) Domain Name Transfer

All BBL System’s customers are entitled to one free domain transfer.

8.2) Domain Names payments

Domain Name registration must be prepaid or the owner may risk it taken by other potential owners.

8.3) Domain Extensions

Available domain name extensions provided directly by BBL are:

.com / .net / .org / .info / .us / .biz

8.4) BBL System’s’s Domain Name Transfer Away Policy

You may transfer away from BBL System’s any domain name that you have purchased via the BBL System’s online ordering system to any other web hosting company or domain registrar at any time you desire providing the domain name is fully paid up, has not been refunded, has not been charged back and does not have any active or outstanding invoices due and is not in redemption.

9) Resource Usage

Users may not initiate the following:

  • a) Use 5% or more of system resources (This included CPU and memory) There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc. If this clause is breached it will trigger an auto kill failsafe mechanism on the server which will auto suspend the violating account.
  • b) Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are permitted.
  • c) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
  • d) Run any software that interfaces with an IRC (Internet Relay Chat) network.
  • e) Offer services to third parties that are run off of BBL System’s’s servers.
  • f) Run any gaming servers or games scripts for single or multi player games.
  • g) Run an email server offering free or paid email accounts to the general public.

Example: Hotmail, Yahoo Mail, GMail ,etc…

  • H) Operate a online radio and or movie service that uses our servers.

10) Bandwidth Usage

You are allocated an unlimited monthly bandwidth allowance.

10.1) Shared Web Hosting

BBL System’s’s standard web hosting offer (permits) you to host unlimited domain names under a single account with a single control panel.

This means that your account has one master domain name and all additional domain names are considered add-on domains. All your domain names must be administered from a single control panel. Only one control panel is allowed per account.

You are not permitted to…

a) Resell web hosting space. (This is not a reseller account)

b) Create accounts for third parties. All domain names that are in your control panel must be under your direct control and administration. You are not permitted to create accounts for third parties on you account.

c) Have multiple control panels (CPanel’s) or (WHM) Web Hosting Manager on a standard account.

10.2) Reseller Hosting : Client Responsibility

Resellers are responsible for supporting their clients. BBL System’s does not provide support to our Reseller’s Clients. If a reseller’s client contacts us, we reserve the right to place the client account on hold until the reseller can assume their responsibility for their client. All support requests must be made by the reseller on their clients’ behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients’. BBL System’s will hold any reseller responsible for any of their clients actions that violate the law or the terms of service.

10.3) Customer Knowledge & Responsibilities

Use of BBL System’s’s web hosting services requires a certain level of knowledge in the use of certain internet languages, slang, jargon, terminology, protocols, software, ETC… The level of knowledge customer required to have varies greatly and depends on the customers anticipated use and desired content and functionality of his/hers website. The customer agrees that he/she has the necessary knowledge to create his/hers website with the desired content, look and functionality. The customer agrees that it is not the responsibility of BBL System’s to provide this knowledge or to create, design, program or help in the designing, creation, programming or publishing of the customers website.

10.4) SSH, Root and Shell Access

We do not permit Shell, Telnet, SSH or root access to any of our servers.

11) Price Change

The amount you pay for hosting is fixed for 12 month periods. We reserve the right to change prices listed on BBL System’s, and the right to increase the amount of resources given to plans at any time.

11.1) Auto Rebilling:   For your convenience your BBL System’s account will auto rebill on a monthly, annually or tri-annual basis, (depending on which billing package you have selected at time of purchase). If you do not want your account to auto rebill, you must notify us at least 25 calendar days before the date that the re-billing is due to take place. Failure on your part to notify us of your desire not to be rebilled, will result in your account being rebilled and you agree to hold harmless and indemnify BBL System’s from any and all claims of wrongful billing.

12)  Data

12.a)  Your Data: You will retain ownership of any data, information or material originated by you that you transmit through the Service (“User Content”) – for example, User Content from your accounts with third party services that passes through the Service. You shall be solely responsible for the accuracy, quality, content and legality of User Content, the means by which User Content is acquired and the transmission of User Content outside of the Service. You represent and warrant that you have all rights necessary to transmit User Content through the Service and to otherwise have User Content used as part of the Service or as otherwise contemplated herein.

12.b) Data Protection Addendum: If you are a Software licensee of BBL Systems or a paying subscriber to our Services, to the extent that BBL Systems processes any Personal Data (as defined in the DPA) contained in User Content that is subject to the GDPR (as defined in the DPA), on your behalf, in the provision of the Service, the terms of the data processing addendum at ), which are hereby incorporated by reference, shall apply and the parties agree to comply with such terms. For the purposes of the Standard Contractual Clauses attached to the DPA, when you are the data exporter, you are agreeing to these Terms of Use as being treated as your signature of the DPA, including, without limitation, the Standard Contractual Clauses and their Appendices.

12.c) Your Posts: The Site and Service include functionality that permits users to post content, images, audio files, text, sample code or other materials or works in a manner that is intended to be viewed by other users (“Your Posts”), including for reviews and in forums. You hereby grant to BBL Systems a perpetual, irrevocable, royalty-free, worldwide, non-exclusive right and license, including the right to grant sublicenses to third parties, to use, reproduce, publicly display, publicly perform, prepare derivative works from and distribute Your Posts for any purpose. In addition, you hereby irrevocably represent and warrant to BBL Systems that (i) you have all necessary power, authority, right, title and/or licenses to grant to BBL Systems the foregoing right and license and (ii) the posting, submission and display by you of Your Posts on the Site or Service, and the exercise by BBL Systems of the foregoing license does not and will not (1) violate any applicable law or government regulation or (2) infringe any right of publicity or invades the privacy of others, or any intellectual property right of any third party, (iii) none of Your Posts (1) will constitute obscene, pornographic, indecent, profane or otherwise objectionable material, (2) are discriminatory, hateful or bigoted toward, or abusive of, any group or individual, or (3) are libelous or defamatory.

12.d) Suggestions: You hereby grant to BBL Systems a royalty-free, worldwide, transferable, sub-licenseable, irrevocable, perpetual license to use or incorporate into the Site, the Service and/or other BBL Systems offerings any suggestions, enhancement requests, recommendations or other feedback provided by you to BBL Systems that is related to the Site and/or the Service.

12.e) Aggregated and/or Anonymized Data: Notwithstanding anything to the contrary set forth herein or otherwise, BBL Systems will have the right to collect and analyze data and other information relating to the provision, use or performance of the Site and/or Service and related systems and technologies (including information concerning User Data and data derived therefrom), and to aggregate and/or anonymize all such data and information. BBL Systems will be free at any time to: (i) use such information and data to improve and enhance BBL Systems’s offerings; and (ii) disclose such data in aggregate or other de-identified form in connection with its business.

13) Indemnification

13a) Customer agrees that it shall defend, indemnify and hold BBL System’s harmless from any and all demands, liabilities, losses, costs and claims, including any and all attorney’s fees asserted against BBL System’s, 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 or service sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless BBL System’s against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with BBL System’s; (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 from a BBL System’s server.

13b) IF LAWSUIT(S) ARE THREATENED AGAINST BBL System’s. If we are sued or threatened with lawsuit in connection with Service(s) provided to you, we may turn to you to indemnify us and to hold us harmless from the claims and expenses (including attorney’s fees and court costs). Under such circumstances, you agree that you will, upon demand, obtain a performance bond with a reputable bonding company or, if you are unable to obtain a performance bond, that you will deposit money with us to pay for our reasonably anticipated expenses in relation to the matter for the coming year. Such deposit will be drawn down as expenses are incurred, with all account notices sent to the WHOIS contact information provided in association with your domain names and/or account. We shall not be obliged to extend you any credit in relation to such expenses and we may terminate our services for a failure to make or renew such a deposit. We will return any unused deposit upon the later of one year from deposit or the conclusion of the matter.

14) Disclaimer

BBL System’s will not be responsible for any damages your business may suffer. BBL System’s makes no warranties of any kind, expressed or implied for services we provide. BBL System’s disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non deliveries, hardware and software failures, hacking, sabotage, terrorist attacks, wrong delivery, Force Majore and any and all service interruptions caused by BBL System’s and its employees.

 

15) Export Control

You hereby represent and warrant that (i) you understand and acknowledge that some Site Content or components of the Service may be subject to export, re-export and import restrictions under applicable law, (ii) you will not use the Site, any Site Content or the Service in a manner that violates the U.S. Export Administration Act of 1979 and the regulations of the U.S. Department of Commerce and (iii) you are not located in, under the control of, or a national or resident of any country to which the United States has embargoed goods.

16) Changes to the (TOS)

BBL System’s reserve the right to revise, alter and update the above (TOS) without notice at anytime at its sole discretion and can apply any and all changes and updates retroactively.

LIMITATION OF LIABILITY

Warranty Disclaimer: EXCEPT AS EXPRESSLY SET FORTH IMMEDIATELY ABOVE, THE SITE, SITE CONTENT AND SERVICE ARE PROVIDED STRICTLY ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND /N SOFTWARE MAKES NO WARRANTY THAT THE SITE, SERVICE OR SITE CONENT ARE COMPLETE, SUITABLE FOR YOUR PURPOSE, OR ACCURATE, AND ON BEHALF OF ITSELF AND ITS LICENSORS, /N SOFTWARE HEREBY EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED, STATUTORY OR OTHER WARRANTIES WITH RESPECT TO THE SITE, SITE CONTENT AND SERVICE, OR THE AVAILABILITY OF THE FOREGOING, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFIRNGEMENT. THE ENTIRE RISK AS TO RESULTS OBTAINED THROUGH USE OF THE SITE, SERVICE AND/OR THE SITE CONTENT RESTS WITH YOU AND /N SOFTWARE MAKES NO REPRESENTATION OR WARRANTY THAT THE AVAILABILITY OF THE SITE AND OR THE SERVICE WILL BE UNINTERRUPTED, OR THAT THE SITE, SERVICE AND/OR THE SITE CONTENT WILL BE ERROR FREE OR THAT ALL ERRORS WILL BE CORRECTED.

Limitation of Liability: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT /N SOFTWARE SHALL NOT BE LIABILE TO YOU FOR ANY (A) INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, EXEMPLARY OR STATUTORY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, LOSS OR PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL OR FOR ANY COST OF COVER OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES), EVEN IF /N SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE LEGAL THEORY UNDER WHICH DAMAGES ARE SOUGHT, WHETHER IN BREACH OF CONTRACT OR IN TORT, INCLUDING NEGLIGENCE OR (B) AMOUNTS IN THE AGGREGATE THAT EXCEED THE FEES PAID BY YOU TO /N SOFTWARE HEREUNDER IN THE TWELVE (12) MONTHS PRECEDING THE DATE THE CLAIM AROSE.

Privacy Policy

You acknowledge that you have read, understand and agree to BBL Systems Privacy Policy located at https://www.bblsystems.com/privacy/, which is hereby incorporated into and made a part of these Terms of Use by this reference.

Location of the site for your User

BBL Systems operates or controls the operation of this Site and the Service from offices in the United States. In addition, the Site and the Service may be mirrored, and other websites operated or controlled by BBL Systems may be located, at various locations in and outside of the United States. BBL Systems makes no representation or warranty that all of the features of this Site or Service will be available to you outside of the United States, or that they are permitted to be accessed outside of the United States. You acknowledge that you are solely responsible for any decision by you to use of this Site and/or the Service from other locations, and that such use may be subject to, and that you are responsible for, compliance with applicable local laws.

General

These Terms of Use constitute the entire agreement and understanding between the parties concerning the subject matter hereof, notwithstanding any different or additional terms that may be contained in the form of purchase order or other document used by you to place orders or otherwise effect transactions hereunder, which such terms are hereby rejected. You may not assign these Terms of Use without the prior written approval of BBL Systems, such approval not to be unreasonably withheld or delayed. These Terms of Use supersede all prior or contemporaneous discussions, proposals and agreements between you and BBL Systems relating to the subject matter hereof. No amendment, modification or waiver of any provision of these Terms of Use will be effective unless in writing and signed by an authorized representative of both parties. If any provision of these Terms of Use is held to be invalid or unenforceable, the remaining portions will remain in full force and effect and such provision will be enforced to the maximum extent possible so as to effect the intent of the parties and will be reformed to the extent necessary to make such provision valid and enforceable. No waiver of rights by either party may be implied from any actions or failures to enforce rights under these Terms of Use. These Terms of Use are intended to be and are solely for the benefit of BBL Systems and you and do not create any right in favor of any third party. These Terms of Use will be governed by and construed in accordance with the laws of the State of Georgia, without reference to its conflict of laws principles. The Uniform Computer Information Transactions Act will not apply to this Agreement. All disputes arising out of or relating to these Terms of Use will be submitted to the exclusive jurisdiction of a court of competent jurisdiction located in Georgia, and each party irrevocably consents to such personal jurisdiction and waives all objections to this venue.

Contact BBL Systems, Inc with any questions [email protected] or 800-587-7277