This Terms of Service Agreement (“TOS”) constitutes a valid, binding, and enforceable legal contract by and between you, the “Customer”, and BMFHOST.com. (“BMFHOST”).
Services
Subject to the terms of this agreement, BMFHOST will provide VPS, dedicated, and GPU server hosting services as outlined.
Terms
The initial service term of the agreement shall begin on the date that BMFHOST activates the Customer’s services. The Customer will be charged on a monthly, quarterly, semi-annually, or annual basis, where the Customer can opt to renew automatically or manually. BMFHOST agrees to allow the User to cancel and terminate their services at any time, so long as it’s before the due date.
Payments
Fees: Fees for service(s) ordered by the Customer shall begin on the date the initial order is accepted by BMFHOST and that date shall serve as the monthly, quarterly, semi-annual, or annual anniversary date for all future billings including one time fees, upgrades, additional services, cancellations and service credits. Fees are due in advance of the service cycle and will be billed on the anniversary date. Customers can choose to renew their account automatically by selecting the option when placing their first order. Customers can also opt to manually pay their fees. If a Customer has a credit balance on their account, BMFHOST will automatically apply the credit toward the newest dues. If a Customer does not pay their fees within two (2) days of the billing due date, BMFHOST will automatically suspend the account. BMFHOST reserves the right to terminate a Customer’s account at anytime if the balance is left unpaid.
Fee Increases: BMFHOST reserves the right to increase service fees. Customers can accept the fee increase by renewing their account. If the Customer does not accept the fee increase, they can cancel/terminate their account with BMFHOST.
Non-Payment: All payments are due in full on the monthly, quarterly, semi-annual, or annual anniversary invoice date as dictated by Customer’s original subscription agreement. Failure to remit payment for services on the aforementioned due date is a violation of the TOS. Failure to pay for two (2) consecutive days, following the due date, shall result in suspension of public access to Customer services and termination of all Customer data. If Customer contacts us ahead of time, we can pause this automated process and/or work with Customer on data retention or migration.
Service Credits: Service credits will be issued to your Customer account and can only be used to offset future or current billable services. Service credits will not be issued as cash back to the Customer, nor are service credits transferable to other account holders. Service credits are not included in any refund guarantees.
Refunds: BMFHOST offers a 3-day money-back guarantee. A refund claim must be started within the first 3 days of the initial service term. This policy does not cover costs for any add-on packages and it is only applicable to new BMFHOST customers. Circumstances under which a full refund is requested and will be denied or subject to the discretion of BMFHOST to approve or deny:
1) If BMFHOST has any reason to believe that their Terms of Service or Acceptable Use Policy (AUP) have been violated, abused or misused in any way
2) Suspension due to outgoing DoS/DDoS attack(s)
BMFHOST will refund any payment made with cryptocurrency back to the sender in the same cryptocurrency based upon the US Dollar exchange rate at the time of the refund. This is likely to result in the refund being a different amount of the specific cryptocurrency sent but the same value denominated in US Dollars.
SPAM and Unsolicited Commercial Email (UCE)
BMFHOST has a zero tolerance policy with regards to sending Unsolicited Commercial Email (UCE) or SPAM over our network. Customers may not use or permit others to use our network to transact in SPAM/UCE. Customers may not host, or permit hosting of, sites or information that is advertised by SPAM/UCE from other networks. Upon notification of an alleged violation of the UCE policy, BMFHOST will immediately start an investigation. If Customer is found to be in violation of our SPAM/UCE policy, BMFHOST will immediately terminate Customer account and all data and no refunds will be given.
Security
Customers are prohibited from violating or attempting to violate the security of BMFHOST’s hardware and network. Violations of system or network security will result in civil and/or criminal liability. BMFHOST will investigate occurrences and cooperate with law enforcement in prosecuting Customers who are involved in such violations.
Suspension of Service
BMFHOST reserves the right to terminate or suspend network access to any Customer if, in the reasonable judgment of BMFHOST, the Customer’s hosted service is the source or target of an attack, is found to be in violation of the AUP or TOS in any way, and/or for any other valid reason in which BMFHOST chooses.
Data Loss/Backups
Customer’s use of BMFHOST’s servers and services is at Customer’s sole risk. BMFHOST is not responsible for any data hosted on your server. While complimentary backups are provided by BMFHOST, the Customer agrees to take full responsibility for files and data transferred to/from and maintained on your rented server(s), and agree that it is Customer’s responsibility to take additional backups of data residing on your server.
Laws
Customer agrees to abide by all local, state, and federal laws pursuant to services delivered in the State of Wyoming. All contract terms found herein shall be governed by the State of Wyoming. Customer agrees to use the service in compliance BMFHOST’s TOS/AUP. Customer agrees that BMFHOST may amend this AUP without advanced notice. Amendments to the AUP are effective immediately.
Mutual Indemnification
Each party agrees to indemnify and hold harmless the other party, the other party’s affiliates, and each of their respective officers, directors, attorneys, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorney’s fees) brought by a third party under any theory of legal liability arising out of or related to the indemnifying party’s actual or alleged infringement or misappropriation of a third party’s copyright, trade secret, patent, trademark, or other proprietary right.
Limitation of Liability
Except as described in the SLA, BMFHOST shall not be liable to Customer for harm caused by or related to Customer’s services or inability to utilize the services unless caused by gross negligence or willful misconduct. Neither Party shall be liable to the other for lost profits, direct or indirect, special or incidental, consequential or punitive, or damages of any kind whether or not they were known or should have been known. Notwithstanding anything else in this Agreement, the maximum aggregate liability of BMFHOST and any of its employees, agents or affiliates, under any theory of law shall not exceed the amount paid by the customer for hosting services for the thirty (30) days prior to the occurrence of the event(s) giving rise to the claim.