Terms and Conditions

The use of services from BayArea-Web.com, [hereafter referred to as "BayArea-Web"] constitutes agreement to these terms.

Content – Important!
BayArea-Web does not write or provide any content to websites. All content will need to be provided by the client in order for a website to be built. This includes all text, photos, logos, links, or any other file types for items such as music or video.

The exception to this is when the client has contracted BayArea-Web to create all or part of the content. When content is to be created by BayArea-Web it will be included in the contract. If the content is not included in the contract no content will be provided by BayArea-Web.

Content – Text
The client will need to provide all text in electronic format either by email or on disk. The preferred format is a plain text file that can be saved easily using Microsoft Word. Do not save your pages with any special formatting, as it will usually not transfer well. Any text, copy, notice, direction or other communication given under this Agreement shall be in writing and given by sending it via e-mail or via regular mail. A fax will be accepted only if the information cannot be emailed. Information on changes will not be accepted by phone. All content and changes need to be provided by the client in writing.

Proofing and spell checking – Important!
BayArea-Web does not spell check or proofread your copy (text) when building your web pages. PROOF READ AND SPELL CHECK ALL OF YOUR DOCUMENTS!

BayArea-Web does not spell check or proofread any of the client’s text when building web pages. All copy or text will need to be edited and proofed by the client. All corrections and changes need to be provided by the client in writing. There will be additional charges if BayArea-Web has to go back to pages and correct typos or change content after the client approved the work. If it is an error made by BayArea-Web it will be corrected at no charge.

Page Populating and Picture Additions
BayArea-Web will populate (put text on) with content which you will provide to us, on the number of pages specified at the end of this proposal. Each page may have one graphic and each page’s content should not be longer than a standard 8 ½” X 11” piece of paper. If the text or content provided exceeds an area of 8 ½” X 11”, BayArea-Web will charge for additional page lengths at the rate of $36 per each 8 ½” X 11” page. BayArea-Web will add one graphic or photo per page as a part of the basic web design package. The only exception is for the home page where BayArea-Web will add as many photos as is necessary.

Graphics
Send graphics to BayArea-Web in its original format. For most images, gif or jpeg images will not work, as they use compression, and the image will degrade. Ideally, BayArea-Web would prefer either Adobe Photoshop or Illustrator files, although many other formats are accepted. Please contact us if you have any questions. We will not accept graphics smaller than 2” x 2” or larger than 8.5” x 11”.

Scans and Digital Photographs Resolutions
Always set scanners and cameras to the highest resolution possible. This will make larger images initially, but BayArea-Web will compress the images usually with better results while maintaining higher quality. BayArea-Web uses industry standard formats when working with images and documents. Original Adobe Photoshop or Illustrator files are preferred for all graphics work. Large format TIFF and EPS images are also accepted. Also accepted are JPG and GIF images. BayArea-Web uses only the highest quality computers and software in the development of your website.

Design Changes
Clients usually love the first draft BayArea-Web designs, but should you want a different look, BayArea-Web will provide up to two additional home page designs for you to choose from. If you are having design work of any kind, BayArea-Web will provide you with up to three design sessions. After the third design session BayArea-Web will charge for additional design changes at the rate of $75 per hour (or $120 for Flash changes). Any notice, changes, corrections, direction or other communication given regarding the new design shall be in writing and given by sending it via email, fax or via regular mail. After the website is live, any changes will be an additional charge.

Payment Terms and Refund Policy
To sign-up, a check for a non-refundable 50% deposit, is required and a signed contract. BayArea-Web accepts credit cards, check and PayPal payments when hosting begins. After one calendar year of start of project, BayArea-Web is not obligated to complete the project if the client stopped communicating and/or does not provide proper instructions or information. If the project has been started and the client is not able to provide the proper materials or feedback for the project, no refund will be given. Web design is subjective. Be sure to review BayArea-Web’s portfolio before signing up. No refunds will be given if the client does not like the design. The client agrees that recovery of damages from BayArea-Web may not exceed the amount of fees BayArea-Web has collected on this project.

Deposits are non-refundable.

There are no refunds for hosting of any kind. BayArea-Web offers website hosting on a month-to-month basis. BayArea-Web and clients are allowed to cancel service and the relationship at any time with a written request 30 days in advance. If additional work is requested without a written contract, refunds will only be given within 30 days of published date. BayArea-Web is not responsible if the client fails to provide BayArea-Web with content, changes, images, text, or corrections in an understandable format. BayArea-Web is only responsible for design, programming and hosting and is not responsible for content of any client’s website, visitors, traffic, hits, sales, or any part of the success of the client’s website or the client’s company or individual or its employees.

Once work has begun on a web project, there is no complete refund.

Delays and Reactivation Policy
If there is a delay in receiving information and/or materials or feedback from the client, BayArea-Web will keep the project on the calendar for up to six months. After six months there may be an additional reactivation charge to re-start the project. When project completion is delayed due to the client, or content is not provided properly or at all by the client, then no refund will be given. After one year of sign up, if the project is not complete, or if the client decides to stop the project temporarily or permanently and/or does not communicate with BayArea-Web, BayArea-Web is not obligated to complete the project or work on the project without a reactivation fee.

Cancellation of Service
In order to cancel hosting services with BayArea-Web the client is required to notify BayArea-Web at least 30 days in advance in writing. Any violation of BayArea-Web’s Terms of Service Agreement shall result in no refund. Valid proof of account ownership will be required to terminate an account. This includes, but is not limited to, billing information in the form of a partial credit card number or other payment information, or the billing password. Non-secure information, such as the contact email address or account billing address, is not sufficient as security verification.

Online Forms
Each web design project includes one online form, up to 25 fields, and requires hosting with BayArea-Web for the CGI script for the “send” functionality of the form. Additional forms are $50 per additional form up to 25 fields each.

Hosting Downtime?If your website is down due to a failure on the part of BayArea-Web hardware or services, BayArea-Web will credit the client for each day the site is down at the clients’ current hosting rate, only if the client requests to receive a credit and the request must come within 7 days of the actual outage, and the outage must be on the due to BayArea-BayArea-Web, not on the side of the Internet Service Provider, or ISP. If the website is down due to problems with the client’s ISP or Internet connection such as their dialup service, DSL, cable modem, T1 or any other type of Internet connection, BayArea-Web is not responsible in any way and is not required to assist the client in getting reconnected.

Images
It is up to the client to obtain a proper license for all images used on their website. BayArea-Web has a substantial library of images, but in many cases BayArea-Web will use images for placement and it will be up to the client to pay for the license for all stock images used. If a proper license is not obtained for each image, BayArea-Web is in no way responsible to pay any penalties. Original image ownership information will only be kept by BayArea-Web during the development of the website. Once the website is developed it is the responsibility of the client to manage their proof of license for each image.

Flash Changes
If the client is having Flash® design work done of any kind, BayArea-Web will provide the client with up to two design sessions within the first 30 days. The client must provide changes and send revisions back to BayArea-Web within 7 days after each Work Order work is completed. All revisions must be possible. Possible is defined as Flash techniques within the capabilities of BayArea-Web. After the second design session Work Order, if the client requests more changes, BayArea-Web will charge at the rate of $120 per hour. Flash design work is defined as any work that has to be done using either Macromedia Flash or Adobe LiveMotion software.

Flash Refunds
BayArea-Web does not offer refunds on Flash services. Flash is an extremely intensive program which requires much more time, than typical website design, to develop.

Programming Changes
If the client is having programming work done of any kind, BayArea-Web will provide the client with one design session Work Order within the first 14 days. For any additional programming BayArea-Web will charge the rate of $120 per hour. Programming work is defined as any work that has to be done using any programming tools, databases or languages such as perl, HTML, PHP, C, C++, ASP, Java, Javascript, CGI, SQL, MySQL, or any other programming language not mentioned here.

Primary Contact
The individual who signs the BayArea-Web Contract will be designated as the Primary Contact for the account. The Primary Contact will be one individual from the company who will be responsible for providing all information, all materials, and all change requests for the whole duration of working with with BayArea-Web. Passwords and private information about the client’s account will not be released to any other individual without written request of the Primary Contact. Other individuals, even if an employee of the company, may not send content or changes to BayArea-Web, to prevent any conflict of interest between BayArea-Web and the client’s employees.

Timeline For Changes and Corrections?Once BayArea-Web has published any work, a draft link is usually provided by email along with a phone call to let the client know there is work to review, whether for public viewing or not, the client has 7 days to submit corrections or changes. Corrections or mistakes made by BayArea-Web will be done at no charge.

Payment
BayArea-Web accepts Visa, MasterCard, Discover, American Express, checks, cash, and wire-transfer. Due to the environment of the Internet it is impossible to protect any material on the web once it has been published. Therefore, all work to be done will be invoices and must be paid for in advance unless special arrangements are made. If arrangements have been approved by BayArea-Web to split the payment into two halves. The first half is due at signing and the second half is due prior to going live. No website will go live to the public until 100 percent of the work has been paid for. Under no circumstances will the first half of the design fee will be refunded as long as BayArea-Web has performed the work requested, even if the client does not approve the work. This is due to the amount of time needed to develop the various aspects of the project. Monthly payments are due by the 25th of each month, prior to the month of service. A late fee of $10 will be added for payments received after the 1st of the month of service.

Website Hosting with a Third Party
BayArea-Web is not responsible for uploading the client’s new website if the chooses to host somewhere other than BayArea-Web. BayArea-Web is also not responsible for compatibility issues. BayArea-Web builds sites to work on their own servers. In most cases, BayArea-Web websites work perfectly fine on other hosting providers servers. However, we cannot guarantee that a different hosting providers servers will work. BayArea-Web only uploads websites to their own servers. If you need to have your BayArea-Web site uploaded, BayArea-Web may try to assist you in doing so but is in no way obligated to insure the functionality or compatibility with a third party hosting provider.

Hosting Disruption For Nonpayment
When a client does not pay their hosting invoice by the due date a $10 late fee will be added. Any client past due may have their hosting service suspended at anytime. After hosting has been suspended, to reestablish service, the balance must be paid plus a $25 reconnect fee. If no communication is made by the client for 60 days after being past due, BayArea-Web may terminate the hosting account.

Who Owns What
All artwork created by BayArea-Web is the sole property of BayArea-Web. BayArea-Web is not responsible for storing or keeping inventory of client CD’s, disks, emailed information, belonging to clients. The client should not give BayArea-Web the only copy of any artwork or materials. Always provide a copy of artwork or materials, keeping the originals. BayArea-Web is not responsible for materials belonging to clients. Special arrangements can be made to allow BayArea-Web created artwork to be used for other purposes by the clients as long as the client is in good standing and the client owns the license for images used. BayArea-Web is not responsible for the client changing web firms or changing hosting providers. BayArea-Web does not store passwords after a client has left BayArea-Web. If the client is past due in payments, or if the relationship has ended, BayArea-Web has no responsibility to provide the former client with anything.

Email Accounts
BayArea-Web does not provide any email support other than configuration of email POP account, email forwarding and email aliasing. BayArea-Web is not responsible for outgoing email. The client will need to have their own Internet connection and email account prior to signing up with BayArea-Web. BayArea-Web is not responsible on teaching the client how to use email.

Computer Hardware and Software
BayArea-Web does not provide support for third party computer hardware or third party software. If the client uses any software package recommended by BayArea-Web the client will need to arrange their own installation, and training. BayArea-Web does not offer any training or teaching for any software products such as DreamWeaver or Flash.

This also applies to third party hosting. BayArea-Web does not support third-party hosting. If BayArea-Web builds a site it is only guaranteed to work on BayArea-Web servers. BayArea-Web provides no service or support of any kind to third party servers.

Discontinuing Service
BayArea-Web reserves the right to discontinue service for any reason including lack of client cooperation, or failure to adhere to our company policies and terms.

Hosting and Payment Information

1.) Account Setup / Email on file
We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. 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 your responsibility to ensure the email address on file is current or up to date at all times. If you have a domain name registered with BayArea-Web, it is your responsibility to ensure that the contact information for your domain account and your actual domain name(s) is correct and up-to-date. BayArea-Web is not responsible for a lapsed registration due to outdated contact information being associated with the domain. If you need to verify or change this information, you should contact our sales team via email. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or high risk transactions, it will be necessary to provide government issued identification and possibly a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied.

Transfers
Our transfers team will make every effort to help you move your site to us. However, transfers are provided as a courtesy service, and we can not make guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some or all account data. We will try our best, but in some cases we may be unable to assist you in a transfer of data from an old host.

The free transfer services are available for 30 days from your sign up date. Transfers outside of the 30 day free period will incur a charge; please contact a member of the transfers department with specific details to receive a price quote.

2.) Content
All services provided by BayArea-Web may only be used for lawful purposes. The laws of the State of California, and the United States of America apply.

The customer agrees to indemnify and hold harmless BayArea-Web from any claims resulting from the use of our services.

Use of 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. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of anothers copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe that your copyright or trademark is being infringed upon, please email info@bayarea-web.com with the information required. A list of required information may be found here. If the request is of a licensing issue, we may require further documentation.

Using a shared account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account. Please do not take backups of your backups.
Examples of unacceptable material on all Shared and Reseller servers include:

* Topsites
* IRC Scripts/Bots
* Proxy Scripts/Anonymizers
* Pirated Software/Warez
* Image Hosting Scripts (similar to Photobucket or Tinypic)
* AutoSurf/PTC/PTS/PPC sites
* IP Scanners
* Bruteforce Programs/Scripts/Applications
* Mail Bombers/Spam Scripts
* Banner-Ad services (commercial banner ad rotation)
* File Dump/Mirror Scripts (similar to rapidshare)
* Commercial Audio Streaming (more than one or two streams)
* Escrow/Bank Debentures
* High-Yield Interest Programs (HYIP) or Related Sites
* Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
* Sale of any controlled substance without prior proof of appropriate permit(s)
* Prime Banks Programs
* Lottery/Gambling Sites
* MUDs/RPGs/PBBGs
* Hateful/Racist/Harassment oriented sites
* Hacker focused sites/archives/programs
* Sites promoting illegal activities
* Forums and/or websites that distribute or link to warez/pirated/illegal content
* Bank Debentures/Bank Debenture Trading Programs
* Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
* Mailer Pro
* Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)

Examples of unacceptable material on all Dedicated servers include:

* IRCD (irc servers)
* IRC Scripts/Bots
* Pirated Software/Warez
* IP Scanners
* Bruteforce Programs/Scripts/Applications
* Mail Bombers/spam Scripts
* Escrow
* High-Yield Interest Programs (HYIP) or Related Sites
* Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
* Sale of any controlled substance without prior proof of appropriate permit(s)
* Prime Banks Programs
* Lottery/Gambling Sites
* Hateful/Racist/Harassment oriented sites
* Hacker focused sites/archives/programs
* Sites promoting illegal activities
* Forums and/or websites that distribute or link to warez/pirated/illegal content
* Bank Debentures/Bank Debenture Trading Programs
* Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
* Mailer Pro
* Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)

BayArea-Web services, including all related equipment, networks and network devices are provided only for authorized customer use. BayArea-Web systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of BayArea-Web system(s) constitutes consent to monitoring for these purposes.

Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control must be with expressed written consent from the third party. BayArea-Web may, at its discretion, request and require documentation to prove access to a third party network or system is authorized.

We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.

Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via troubleticket/email and will have a response within 48 hours.

Sites hosted on BayArea-Web.com’s service(s) are regulated only by U.S. law. Given this fact, and pursuant to Section 230(c) of the Communications Decency Act, we do not remove allegedly defamatory material from domains hosted on our service(s). The only exception to this rule is if the material has been found to be defamatory by a court, as evidenced by a court order. BayArea-Web.com is not in a position to investigate and validate or invalidate the veracity of individual defamation claims, which is why we rely on the legal system and courts to determine whether or not material is indeed considered defamatory. In any case in which a court order indicates material is defamatory, libelous, or slanderous in nature; we will disable access to the material. Similarly, in any case in which a US Court has placed an injunction against specified content or material; we will comply and remove or disable access to the material in question.

The language of Section 230(c) of the Communications Decency Act fundamentally states that Internet services providers like BayArea-Web.com and many of BayArea-Web’s other webhosting services and brands are republishers and not the publisher of content. Our service merely provides a hosting platform and space on which to host content, and any creation or publication of content on our services is the sole responsibility of the third-party user which creates or publishes the content. Therefore, BayArea-Web should not be held liable for any allegedly defamatory, offensive or harassing content published on sites hosted under BayArea-Web’s webhosting service(s).

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

Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography:

Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.

Resellers: we will suspend the site in question and will notify you so you may terminate the account. We will further monitor your activity; more than one infraction of this type may result in the immediate termination of your account.

Direct customers: Your services will be terminated with or without notice.

Violations will be reported to the appropriate law enforcement agency.

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. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.

3.) Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists” and purchased lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.

Sites advertised via SPAM may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.

BayArea-Web reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.

BayArea-Web reserves the right to charge the holder of the account used to send any unsolicited email a clean up fee or any charges incurred for blacklist removal. This cost of the clean up fee is entirely at the discretion of BayArea-Web.

4.) Payment Information
You agree to supply appropriate payment for the services received from BayArea-Web, in advance of the time period during which such services are provided. You agree that until and unless you notify BayArea-Web of your desire to cancel any or all services received, those services will be billed on a recurring basis. This includes when accounts are suspended. When an account’s invoices are paid outside of the 10 day grace period, invoices will not be automatically generated. However, after the customer notifies BayArea-Web of his or intent to resume service, invoices will be manually generated and payment expected for the time the account was suspended.

Cancellations must be done in writing via email. Once we receive your cancellation and have confirmed all necessary information with you via email, we will inform you in writing (typically email) that your account has been canceled. An employee will confirm your request (and process your cancellation) shortly thereafter. If you do not hear back from us, or do not receive confirmation email after submitting your cancellation, please contact us immediately via phone.

As a client of BayArea-Web, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree that until and unless you notify BayArea-Web of your desire to cancel any or all services received (by the proper means listed in the appropriate section of the Terms of Service), those services will be billed on a recurring basis, unless otherwise stated in writing by BayArea-Web. BayArea-Web reserves the right to bill your credit card or billing information on file with us. BayArea-Web provides a 10 day grace period from the time the invoice is generated and when it must be paid. Any invoice that is outstanding for 10 days and not paid will result in a $10 late fee and/or an account suspension until account balance has been paid in full. The $10 late fee is applied in addition to whatever else is owed to BayArea-Web for services rendered. Access to the account will not be restored until payment has been received.

Invoices that have been paid more than once with multiple Paypal Subscriptions can only be added as credit towards the account and cannot be refunded via Paypal. If you require assistance with this provision, please contact sales@BayArea-Web.com

BayArea-Web reserves the right to change the monthly payment amount and any other charges at anytime.

5.) Backups and Data Loss
Your use of this service is at your sole risk. Our backup service is ran on Sunday of each week, overwrites any of our previous backups made, and only one week of backups are kept. This service is provided to you as a courtesy. BayArea-Web is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on BayArea-Web servers. Backups will not be provided for accounts that have been suspended or terminated for any reason unless otherwise agreed to in writing by BayArea-Web.

6.) Cancellations and Refunds
BayArea-Web reserves the right to cancel, suspend, or otherwise restrict access to the account at any time with or without notice.

Any abuse of our staff in any medium or format will result in the suspension or termination of your services.

Customers may cancel at any time via email or phone. BayArea-Web gives you an unconditional 45 day money back guarantee on hosting, and reseller solutions for any customer who paid the first invoice with a credit card or with Paypal.

The following methods of payments are non-refundable, and refunds will be posted as credit to the hosting account:

* Bank Wire Transfers
* Western Union Payments
* Checks
* Money orders

There are no refunds on dedicated servers, administrative fees, install fees for custom software, or domain name purchases. BayArea-Web will not accept refund requests for shared and reseller accounts after the initial 45 days for any reason.

Only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before, canceled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.

Violations of the Terms of Service will waive the refund policy.

7a.) Resource Usage

User may not:
1) Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
2) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
3) Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
4) Run any software that interfaces with an IRC (Internet Relay Chat) network.
5) Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
6) Participate in any file-sharing/peer-to-peer activities
7) Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
8)Run cron entries with intervals of less than 15 minutes.
9) Run any MySQL queries longer than 15 seconds. MySQL tables should be indexed appropriately.
10) When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include(“http://yourdomain.com/include.php”) use include(“include.php”)
11) To help reduce usage, do not force html to handle server-side code (like php and shtml).
12) Only use https protocol when necessary; encrypting and decrypting communications is noticeably more CPU-intensive than unencrypted communications.

7b.) INODES
The use of more than 250,000 inodes on any shared account may potentially result in a warning first, and if no action is taken future suspension. Accounts found to be exceeding the 100,000 inode limit will automatically be removed from our backup system to avoid over-usage, however databases will still be backed up. Every file (a webpage, image file, email, etc) on your account uses up 1 inode.

Sites that slightly exceed our inode limits are unlikely to be suspended; however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension. The primary cause of excessive inodes seems to be due to users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past our inode limit. To disable your default mailbox, login to cPanel and choose “Mail”, then “Default Address”, “Set Default Address”, and then type in: :fail: No such user here.

7c.) Backup Limit
Any shared account using more than 20 gigs of disk space will be removed from our off site weekly backup with the exception of Databases continuing to be backed up. All data will continue to be mirrored to a secondary drive which helps protect against data loss in the event of a drive failure.

8.) Bandwidth Usage
You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.

9a.) Money back Guarantee
On dedicated servers and collocation no refund will be honored — the 45 day money back guarantee does not apply. We reserve the right to refund a prorated amount or no refund at all.

Each of BayArea-Web’s managed shared, VPS, and reseller servers carry a 45 day unconditional money back guarantee on them. If you are not completely satisfied with our services within the first 45 days of your service, you will be given a full refund of the contract amount. Remember, this is only for monthly shared or reseller packages and does not apply to dedicated servers, administrative fee, or install fees for custom software.

BayArea-Web will not activate new orders or activate new packages for customers who have an outstanding balance with BayArea-Web. For a new order to be setup or a new package to be activated, you must have a balance of $0.00, unless otherwise stated by BayArea-Web in writing.

9b.) Uptime Guarantee
If your shared / reseller server has a physical downtime that is not within the 99.9% uptime you may receive one month of credit on your account. Approval of the credit is at the discretion of BayArea-Web dependent upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor’s network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please contact sales@BayArea-Web.com with justification. All requests must be made in writing via email. Uptime guarantees only apply to shared / reseller solutions. Dedicated servers are covered by a network guarantee in which the credit is prorated for the amount of time the server is down which is not related to our uptime guarantee.

10.) Reseller: Client Responsibility
Resellers are responsible for supporting their clients. BayArea-Web 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’. BayArea-Web will hold any reseller responsible for any of their clients actions that violate the law or the terms of service.

11.) Shared (non-reseller accounts)
Shared accounts may not resell web hosting to other people, if you wish to resell hosting you must use a reseller account. You must maintain your own backups.

The Business and managed hosting service plans provide a free toll-free number for your web site and business. Minutes Included Per Month: 100 — Additional Minutes: 4.9 Cents. Included minutes are based on a calendar month.

12.) Price Change
The amount you pay for hosting will never increase from the date of purchase. We reserve the right to change prices listed on BayArea-Web.com, and the right to increase the amount of resources given to plans at any time.

13.) Coupons
Discounts and coupon codes are reserved for first-time accounts *or first-time customers* only and may not be used towards the purchase of a domain registration unless otherwise specified. If you have signed up using a particular domain, you may not resign up for that domain using another coupon at a later date. Any account found in violation of these policies will be reviewed by our sales department and the appropriate invoices will be added to the account. Coupon abuse will not be tolerated and may result in the suspension or termination of the account. Coupons or discounts are only valid towards the initial purchase, and do not affect the renewal or recurring price.

14a.) Indemnification
Customer agrees that it shall defend, indemnify, save and hold BayArea-Web harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against BayArea-Web, 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, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless BayArea-Web against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with BayArea-Web; (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 BayArea-Web’s server.

14b.) Arbitration By using any BayArea-Web services, you agree to submit to binding arbitration. If any disputes or claims arise against BayArea-Web or its subsidiaries, such disputes will be handled by an arbitrator of BayArea-Web’s choice. An arbitrator will be selected in the state of California. All decisions rendered by the arbitrator will be binding and final. The arbitrator’s award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. You are also responsible for any and all costs related to such arbitration.

15.) Disclaimer
BayArea-Web shall not be responsible for any damages your business may suffer. BayArea-Web makes no warranties of any kind, expressed or implied for services we provide. BayArea-Web disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by BayArea-Web and its employees.

16.) Disclosure to law enforcement
BayArea-Web may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.

17.) Changes to the TOS
BayArea-Web reserves the right to revise its policies at any time without notice.

Design Services

There are no refunds for design projects once the work has been started by BayArea-Web, or after the first 48 hours. Whichever comes first. Design services are subjective and therefore there will be no refunds if you do not like the design, or if you change your mind about the design, if you abandon the project, or decide to stop or change the project for any reason.

All artwork provided to BayArea-Web will be provide in digital format by either email or CD/DVD if the files are too large to be transferred by email.

All stock photography provided by BayArea-Web will be provided by istockphoto.com and the customer is responsible for all fees and licenses required for use.