Terms of Service:
BD Soft INC is a leading service provider in the IT industry of Bangladesh, providing the best of facilities at competitive market rates. However, recent detection of misuse of our services have compelled us to take action against the violating clients and also lay down a few terms and conditions. We own the sole rights to discontinue the services or deny access to anyone who fails to comply with the rules implemented by us, without any warning or prior notice. The payments received from the violating parties in such cases are also non-refundable. The Terms and Conditions to be followed have been listed below: Updated [Oct-30-2016]
- Misuse of the allotted server space, bandwidth etc. By the client will lead to reduction in the space and facility given.
- Distribution of free email IDs or Web Space to any person other than the ones related to the website owner or the company automatically gives BD Soft INC the rights to decrease the number of email IDs provided.
- In case of misuse of allotted email ID space, we will have the rights to diminish the space provided for one email ID.
- All disputes are subject to Dhaka, BD jurisdiction only.
- Misuse of bandwidth will lead a client to be entitled for lesser bandwidth in future or account would be suspended.
- Any illegal activity detected on a website will lead to sealing of the same by us with immediate effect, as per the IT rules laid out by the Bangladesh and International IT Act.
- Intentionally tampering (Hacking or sending virus) of our server by a client will see the account suspended.
- Customers are advised to maintain data backups on their home computers or CDs to ensure that they have ready access to their data in case we have a hardware failure. However, such cases are rare in occurrence, but cannot be avoided sometimes. This is why we recommend all our clients to take regular backups for all their important e-mails, files and data by forwarding mails to other domain email IDs or by using Outlook.
- For safety reasons, we urge our customers not to divulge the password of their e-mail/hosting/ftp accounts to anyone. In cases where passwords and usernames are to be given to our employees, we suggest to change the password immediately. In every 30 days you should change your all password for security reason.
- Customers should also maintain their payment confirmation details that have been paid to us for activation of the orders. It is also advisable to maintain the backup of our first mail which is sent to you after activation of your order and contains your User ID and password. By using the details provided, we will be able to provide you Technical/Billing support and activation/renew/control panel/reset password facility ect.
- Unfortunately if website/server etc will down then we are not responsible for any losses face by client.
- For plan details and services provided by us, please refer to the website as the most valid reference. Any commitment made by our employees over chat/phone/mail or by any other mode, which is not mentioned in our website, will not be abided.
- We reserves the rights to change the prices of our plan/package/services and any other charges at anytime. This only applies to recurring payments or new customers. It means that if you buy 6 months of hosting, and the price changes during your contract period, you will not have to pay more to keep your hosting account active until the contract period ends. If you want to continue the hosting, then you will have the pay the higher, or lower price. If you find that you cannot afford to pay the price of the new hosting, we will give you 5 days to backup your account until it is terminated.
- We reserves the rights to change hosting plan/package and features anytime. Which includes, disk Space, bandwidth, maximum CPU/RAM usages or any accounts limits etc..
- Abuse of SMTP Mail Server:If any of the email id will be misuse the mail server then we will suspended or terminate his hosting account without prior notice.
- Acceptable Mail Policy:16.1) There is a maximum 200 including cc and bcc (might be changed without any prior notice) outgoing email hourly limit per domain, this limit is also applied towards mailman. If you send over this amount in any hour, most of the e-mails will bounce back with an undeliverable error. Many of our servers have a limit of 60 POP3/IMAP checks per hour per e-mail address. If you go over this you are likely to get a wrong password error message or an error stating “login incorrect”. If this occurs, please wait an hour and it will automatically unblock you. To prevent this from happening again, please make sure to disable auto checking or at least set it to something higher such as once every 10 minutes. 16.2) Mailing Lists Rules – Any mailing list larger than 1000 addresses will require a dedicated hosting solution from us. 16.2.1) Any time you are sending a message no matter how large your e-mail list is you must throttle it. We recommend you throttle it to at the very least sending 1 email every 20 seconds. (Sending 1 every 20 seconds would send 180 emails within 1 hour, keeping you below the 200 outgoing email limit.) If the mailing list software you are using does not allow you to throttle you must switch to an application or script that will. We recommend PHPList, which can be found in your Control Panel. 16.2.2) IMPORTANT: If you do not throttle and you try sending 200 emails, the server will try sending all 200 in 1 second which is not possible on our shared servers. This will cause a very high load on the server and the entire server will be sluggish, potentially affecting your sites and service, until this sending process is completed. It is our job to keep the server up and running without being sluggish or experiencing issues. Anyone who causes the servers load to go high will be suspended and the process will be terminated. If you choose not to throttle, you will most likely be suspended/terminated for crashing the server. 16.2.3) The list must be a Double Opt-In list. This means a user has subscribed for a newsletter or other email marketing messages by explicitly requesting it and confirming the email address to be their own. Confirmation is usually done by responding to a notification/confirmation email sent to the email address the end user specified. The double opt-in method eliminates the chance of abuse where somebody submits someone else email address without their knowledge and against their will. You will not be permitted to mail any mailing list that you were given or purchased. In doing so, this will also be considered spamming and may result in termination of the offending account. 16.2.4) Any unsolicited e-mail being sent will result in suspension or termination of the offending account without any information. We take a zero tolerance stance against sending of unsolicited e-mail and other forms of SPAM 16.2.5) Any mailing list MUST comply with all guidelines set forth by the United States and Bangladeshn government. 16.2.6) No direct SMTP mailers are allowed. An example of this would be a Darkmailer or The Bat!. Any mail should be sent through the local mail server/MTA for further delivery by the server and not done directly by scripts.
- Payment Policy:Establishment of service is reliant upon receipt by the BD Soft INC of payment of affirmed charges. Following payments are due on the anniversary date of the month for that months service. Accounts that reach 48 hours past due will be suspended. If once account is suspended, it will be un-suspended only after receiving payment. Accounts that are not collectable by BD Soft INC may be turned over to an outside collection agency for collection. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS. 17.1) Late/Non-Payment:
- 24 hours past your due date, your account will be suspended (a 25% for Hosting/Reseller Packages and 35% for VPS/Dedicated Server reactivation fee will apply).
- 96 hours past your suspension, your services/server will be taken offline and “ALL FILES WILL BE DELETED FROM OUR SYSTEM“.
17.2) Cancellation Policy:Requests for cancelling accounts may be made in writing or through the help desk system. BD Soft INC preferred method of cancellation is via the help desk of your BD Soft INC hosting account portal. Please log into the help desk and you can request to have your account cancelled. Please note – All account cancellations must be received in the above manner at least fifteen (15) days in advance of the date of renewal. Accounts canceled with less than fifteen (15) days notice shall be canceled at the end of the next term and shall be charged accordingly.
17.3) Refund/Guarantees Policy
If you are unhappy with any aspect of our service, please contact our support department who will attempt to rectify the situation. If the problem cannot be fixed and you are unhappy with the service you are entitled to a refund within 7 Days. There are no refunds past the 7 Days (168 hours) period.
Refunds are not available for .COM, .NET, .ORG or any other domain names, SSL Certificates, Domain Transfer In fees, Domain Transfer Out fees, or any other products or services provided by BD Soft through other companies.
No refunds are provided for VPS or Dedicated servers under any circumstances.
No refunds will be made if we terminate your hosting or other services due to violation of our Acceptable Use Policy or any other violation of our Terms and Conditions, except as may be provided therein. This does not affect your statutory rights.
Credit on your account cannot be refunded and must be used for purchases and renewals.
Setup fees are non-refundable.
Accounts purchased under a promotion, with or without a promo code, are excluded from the 7 Days money back guarantee.
Any funds sent to BD Soft which are in excess of the amount owed can only be reimbursed in credit and cannot be refunded
- Disclosure to Law Enforcement:We specifically forbid the use of our service for any unlawful activities. Therefore, User agrees that we may reveal any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition we shall have the right to terminate all service set forth in this Agreement.
- Support Boundaries: We provides 24x7x365 technical support to our subscribers, The following are our guidelines when providing support:
- Our usual support response time is a few minutes but it might takes upto within 24 hours. Some issues require more time to be fixed. It depends on the situation.
- We does offer technical support for application specific issues such as cgi programming, php or html or any other such issue.
- We does not provide technical support for YOUR customers. We only provide support to you, If your customer get any problem they should ask you for everything and if you cant solve there problems then you have to come to us regarding the problem and we solve it !!
- We will not make any changes in server securities (globally settings) as per clients as well as resellers request and will not provide any kind of support for third party softwares, scripts & applications.
- 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.
- 99.99% uptime guarantee:If for any reason (except for scheduled downtimes) our network or servers are down for longer than 0.5% in any month, you can request a 20% discount for your following months services. for clients paying yearly, the equivalent to 20% of a monthly payment will be deducted off the next payment. Approval of the credit is at the discretion of BD Soft INC dependant upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitors 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 support[at]bdsoftinc[dot]info 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.
- Backup Limit and Policy:All data will continue to be mirrored to a secondary drive which helps protect against data loss in the event of a drive failure in all Shared Servers, We are not responsible for any data loss the user will have to maintain their website/accounts backup by themselves.
- Network security:In case of any tampering done to our network security, we will take an immediate action against the respective hosting account.
- Content: All services provided by us may only be used for lawful purposes.The customer agrees to indemnify and hold harmless BD Soft INC 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 support[at]bdsoftinc[dot]info 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
- Nulled/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)
- Audio/Video 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 Sites
- MUDs/RPGs/PPBGs
- 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/Commercial News Latter/Mailing Scripts or Program
Customers are also prohibited from running Bulk E-mailing, Unsolicited E-mailing, Newsgroup Spamming, Pornographic Content, Illegal Content, Copyright Infringement, Trademark Infringement, Warez, Cracks, and Software Serial Numbers, Audio or video streaming, Phishing, Fraud, Spam, Gambling, Arcade Gaming, FREE hosting Services, FREE download/upload services, Nulled Scripts, File Hosting, Proxy, Torrent-flux or similar, Rapid-leech or similar websites xamples of unacceptable material on all Dedicated/Virtual Private servers include:
- IRCD (irc servers)
- IRC Scripts/Bots
- Nulled/Proxy Scripts/Anonymizers
- 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 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
Our services, including all related equipment, networks and network devices are provided only for authorized customer use. Our 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 our system(s) constitutes consent to monitoring for these purposes. 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 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 48 hours. If in doubt regarding the acceptability of your site or service, please contact us at support[at]bdsoftinc[dot]info 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 (Lolita): 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 suspend/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.
- SPAM: Unsolicited commercial newsletter/advertisements (spam) are not allowed in e-mail IDs and may result in cancellation/suspension/termination of the account without any prior notice.
- Resource Usage: User may not:
- a) 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. (for Shared/Reseller Hosting account users)
- a.1) Exceed a 15 minute load average greater than two (2) times the amount of CPU cores given. (for Virtual Private Server users)
- b) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
- c) Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
- d) Run any software that interfaces with an IRC (Internet Relay Chat) network.
- e) 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.
- f) Participate in any file-sharing/peer-to-peer activities.
- g) Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
- h) Run cron entries with intervals of less than 15 minutes 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")Run any MySQL queries longer than 15 seconds. MySQL tables should be indexed appropriately.
26.1) INODES*:The use of more than 150,000 inodes on any account may potentially result in a warning first, and if no action is taken future suspension. Accounts found to be exceeding the 50,000 inode limit will automatically be removed from our backup system to avoid over-usage. 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.
- Abuse of Traffic:If any customer violates the company’s policies in site transfer or misuse of bandwidth, We can decrease its allotted Traffic quota or suspended/terminated his account with out any prior notice.
- Abuse of Space*:As per our policies, at least 95% of your web pages (HTML/PHP) must be “Linked” with files (.GIF, .JPEG,.swf etc.) which is stored in our server. Web space must not be used by you/your visitor for free upload, download heavy size file. Web sites containing a large number of unlinked files or using server space for data storing propose are subject to deletion of files otherwise we will cancellation the account without prior notice. 28.1) Large File Policy*:Our Services is not for file hosting and distribution – We offers large web space and bandwidth with hosting accounts. By this, we mean space for legitimate web site content and bandwidth for visitors to view it. All files on a domain must be part of the active website and linked to the site. Sites should not contain any backups, downloads, or other non-web based content. We will treat all password protected archive (e.g. zip and rar) files as unacceptable. Multimedia content such as audio and video (max 2-3 per website/domain/account) is acceptable provided it is streamed to the user, links to HTTP download of this content is not acceptable. We have full rights to remove all unacceptable material such as files/folder with/without any prior notice. If you are unsure whether your file is against this policy, please e-mail support[at]bdsoftinc[dot]info.
- We don’t support over selling, Also we don’t give any backup & reactive guaranty in expired domain & hosting.
Note *.*: Section no. 26.1, 28 and 28.1 are applicable only for Unlimited Disk Space Plans/Packages users. Limited Plans/Package, Virtual Private servers and Dedicated Servers are not bounded with these terms. Section no.19 is applicable only for shared/reseller hosting clients and for VPS & dedicated server it depends on their subscriptions, for managed services subscribers refer to our SLA (Service Level Agreement). Section no. 26.a and 26.a.1 are not bounded with Dedicated Servers. Section no. 16.2.3 to 16.2.6 will be governed by all services including VPS and Dedicated Server Hosting. All provisions of this contract are subject to the TOS (Terms of Services) of BD Soft INC. The TOS may be changed from time to time at the discretion of the BD Soft INC. Subscriber understands that change to the COU by the BD Soft INC shall not be grounds for early contract termination or non-payment.