The use of services from Backovia LLC Technologies, LLC (hereinafter referred to as "Backovia LLC", "us", "we", or "our") constitutes agreement to these terms and policies:

 

1. Account/Email Setup

Backovia LLC will setup your account after we have received payment and after we and/or our payment partner(s) have verified and screened your order(s). In dedicated server purchases or high risk transactions, it may 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.

 

2. Ownership

The credit card holder or owner of the PayPal e-mail address which is utilized for payment on the account is designated as the authorized owner of the account.

 

Dedicated IP Address Allocation

Any dedicated IP order beyond those provided as standard with a hosting package may be subject to IP Justification. Justification practices are subject to change to remain in conformity with policies of American Registry for Internet Numbers (ARIN). We reserve the right to deny any dedicated IP request based on insufficient justification or current IP utilization.

 

Third Party Providers

 

All transactions with third party providers are solely between the visitor and the individual provider. Backovia LLC is not the agent, representative, trustee or fiduciary of you or the third party provider in any transaction. Some products provided by Backovia LLC are provided under license with vendors, and the use of any such third party products will be governed by the applicable license agreement, if any, with such third party.

 

All discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. All transactions with third party providers are subject to the terms and conditions under which the provider agrees with you to provide the goods or services. You should confirm the terms of any purchase and/or use of goods or services with the specific provider with whom you are dealing.

 

We do not make any representations or warranties regarding, and are not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers.

 

3. Content & Copyrights

 

All services provided by Backovia LLC may only be used for lawful purposes. The laws of the State of Florida and the United States of America apply.

The customer agrees to indemnify and hold harmless Backovia LLC from any claims resulting from the use of our services.

 

DMCA Policy & Notice

 

The U.S. Digital Millennium Copyright Act (“DMCA”) is a United States copyright law that implements treaties of the World Intellectual Property Organization (“WIPO”). A DMCA claim occurs when someone suspects a website of copyright infringement. The DMCA mandates that hosting providers must remove or disable access to potentially infringing content upon receipt of a properly completed and verified infringement claim.

 

It is the policy of Backovia LLC (“Backovia LLC”) to respond appropriately and promptly to notices of alleged copyright infringement that comply with the DMCA. If you own a copyright in a work, or represent a copyright owner, and believe that your, or the represented owner’s, copyright in that work has been infringed by an improper posting or distribution of it via the website, then you may send us a written notice that meets the requirements of a DMCA Copyright Infringement Notice. Backovia LLC will only respond to DMCA Notices that it receives by email or mail at the addresses below:

 

[email protected]

 

United States :

Suite 1200, West Street, Wilmington,
Delaware, 19801 United States

 

India :

84, Pais Street, Taj Colony

Byculla ( w ), Mumbai

India - 400011

 

Please note that it is often difficult to determine if a copyright has been infringed upon. Backovia LLC may elect to not respond to DMCA Notices that do not substantially comply with the requirements, and may elect to remove allegedly infringing material that comes to its attention via notices that do not substantially comply with the DMCA. Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. We may send the information that you provide in your notice to the person who provided the allegedly infringing work.

 

That person may elect to send us a DMCA Response or Counter-Notification. If we receive a proper DMCA Response or Counter-Notification that meets the requirements of the DMCA, then we may replace the material that we removed or stop disabling access to it. Without limiting Backovia LLC’s other rights, Backovia LLC in appropriate circumstances, may terminate a repeat infringer’s access to the Website and any other website owned or operated by Backovia LLC and its affiliates.

Using a shared account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account.

 

Unacceptable Material on VPS and Dedicated Servers

 

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

Backovia LLC’s services, including all related equipment, networks and network devices are provided only for authorized customer use. Backovia LLC’s 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 Backovia LLC’s 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. Backovia LLC 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 24 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via support ticket or email and will have a response within 48 hours.

 

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 Backovia LLC and many of Backovia LLC’s services and brands are “re-publishers” 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, Backovia LLC will not be held liable for any allegedly defamatory, offensive or harassing content published on sites hosted by Backovia LLC.

 

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

 

Users are solely responsible for any applicable compliance with federal or state laws governing the privacy and security of personal data, including medical or other sensitive data. Users acknowledge that the Services may not be appropriate for the storage or control of access to sensitive data, such as information abo ut children or medical or health information. Backovia LLC does not control or monitor the information or data you store on, or transmit through, our Services. We specifically disclaim any representation or warranty that the Services, as offered, comply with the federal Health Insurance Portability and Accountability Act (HIPPA).

 

Customers requiring secure storage of protected health information under HIPAA are expressly prohibited from using this Service for such purposes. Storing and permitting access to protected health information, as defined under HIPAA is a material violation of this Terms of Service and grounds for immediate account termination. We do not sign Business Associate Agreements and you agree that Backovia LLC is not a Business Associate or subcontractor or agent of yours pursuant to HIPAA. If you have questions about the security of your data, you should contact us via our website at www.Backovia LLC.

 

 

4. Zero Tolerance Spam Policy

 

We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists,” purchased lists, and selling of lists will be treated as spam. Any user who sends out spam will have his/her 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, phone, postal mail, 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.

 

Backovia LLC 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.

 

Backovia LLC reserves the right to charge the holder of the account used to send any unsolicited e-mail a cleanup fee or any charges incurred for blacklist removal. This cost of the cleanup fee is entirely at the discretion of Backovia LLC.

 

5. Payment Information, Account Suspensions, & Terminations

 

You agree to supply appropriate payment for the services received from Backovia LLC, in advance of the time period during which such services are provided. Subject to all applicable laws, rules, and regulations, all payments will apply to the oldest invoice(s) in your billing account. You agree that until and unless you notify Backovia LLC of your desire to cancel any or all services received, those services will be billed on a recurring basis. You must notify Backovia LLC of your intent to cancel services at least 48 hours prior to any new billing cycle. You will be responsible for payment of another month of service if you fail to provide 48 hours advance notice as follows:

 

Cancellations must be done in writing via ticket created from https://helpdesk.backovia.com. Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you in writing (typically email) that your account has been canceled. Your cancellation confirmation will contain a ticket/tracking number in the subject for your reference, and for verification purposes.

 

You should immediately receive an automatic "Your request has been received..." email with a tracking number. An employee will confirm your request (and process your cancellation) shortly thereafter. If you do not hear back from us, or do not receive the automatic confirmation email within a few minutes after submitting your cancellation, please contact us immediately via phone.

 

We require that cancellations of service are done through email from the account owner to (a) confirm your identity, (b) confirm in writing you are prepared for all files/emails to be removed, and (c) document the request. This process reduces the likelihood of mistakes, fraudulent/malicious requests, and ensures you are aware that the files, emails, and account may be removed immediately after a cancellation request is processed.

 

As a client of Backovia LLC, 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 Backovia LLC of your desire to cancel any or all services received (by the proper means and notice listed above), those services will be billed on a recurring basis, unless otherwise stated in writing by Backovia LLC. Backovia LLC reserves the right to bill your credit card or billing information on file with us. Backovia LLC may, at its sole discretion, provide a grace period beyond the renewal and invoice due date. During such grace period, as a courtesy to you, service may not be suspended for non-payment. You will, however, be responsible for payment of service for the new service billing period unless you cancelled service per the notice and procedures described above. Any invoice that is unpaid for 10 days will result in a 10% or $10 late fee, whichever is greater.

 

If an account is suspended or terminated for non-payment, or suspended or terminated for a violation of our Terms of Service, payment is still due for the entire billing term even during suspension or termination. Suspended or Terminated accounts will not receive prorated credit for any downtime resulting from such suspension or termination.

 

It is the customer's responsibility to notify our billing department via a support ticket created from https://helpdesk.backovia.com after paying for a domain. Domain renewal notices and invoices are provided as a courtesy reminder and Backovia LLC cannot be held responsible for failure to renew a domain or failure to notify a customer about a domain's renewal.

 

Subsequently, domain renewals are billed and renewed 30 days before the renew date. It is the customer's responsibility to notify our Billing department via a support ticket created from https://helpdesk.backovia.com for any domain registration cancellation. No refunds can be given once a domain is renewed. All domain registrations, and renewals are final.

 

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 visit https://helpdesk.backovia.com to create a support ticket to our billing department.

 

Backovia LLC reserves the right to change service rates and fees with 7 days notice prior to any service renewal, unless otherwise agreed to in-writing.

 

5. Backups & Data Loss

 

You agree and accept that unless otherwise explicitly noted all services provided by Backovia LLC are considered “unmanaged” and Backovia LLC is under no obligation to assist the customer with operating system, software, or other configuration or maintenance tasks beyond ensuring that the customer’s basic services (IE: ‘server’) is accessible and running. Backovia LLC may opt to provide one off or recurring maintenance services for additional fees at its discretion.

 

At all times, you shall bear full risk of loss and damage of your server and all of your server content. You are entirely responsible for maintaining the confidentiality of your password and account information. You acknowledge and agree that you are solely responsible for all acts, omissions and use under and charges incurred with your account or password or in connection with the server or any of the content displayed, linked, transmitted through or stored on the server. You shall be solely responsible for undertaking measures to:

(i) prevent any loss or damage to your server content;

(ii) maintain independent archival and backup copies of your server content;

(iii) ensure the security, confidentiality and integrity of your server content transmitted through or stored on Backovia LLC servers; and

(iv) ensure the confidentiality of your password. Backovia LLC ’s servers are not an archive and Backovia LLC shall have no liability to you or any other person for loss, damage or destruction of any of your content. The services offered by Backovia LLC are not intended to provide a PCI (Payment Card Industry) compliant environment and therefore should not be utilized as such without further compliance activity. Backovia LLC shall have no liability to you or any other person for your use of Backovia LLC products and/or services in violation of these terms. 

 

Resource Allocation & Usage

 

It is acknowledged that any single account is entitled to utilize the server resources, within reason, up to what is allotted or by what is physically available. If resources become scarce, Backovia LLC reserves the right to limit users of the affected machine to a lower limit to preserve the effectiveness of the service for all users. If a particular user is in extreme excess of what the average users of the machine have in use (actually used) of their resource allotments, that customer may be asked to remove content, cut resource usage, or relocate to a higher resource plan.

 

This policy only applies to servers that are considered to be abusive in service, disk space or resource consumption and where it is evident that the Acceptable Usage Policy of resources among customers has been breached, particularly in regards to disk space, bandwidth or CPU processing power utilization.
Backovia LLC may at its discretion choose to throttle or limit network throughput on its services in relation to the allotted resources purchased by the customer in order to ensure network stability for all customers. Backovia LLC does not and cannot guarantee network speeds or latency at any point in time.

 

VPS/Shared Service Users may not :

 

  1. Use 25% or more of system resources for longer than 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 any abusive 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 (unless expressly permitted in-writing by Backovia LLC).
  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.

6. Cancellations & Refunds

 

Backovia LLC reserves the right to cancel, suspend, or otherwise restrict access to the account at any time with or without notice for any violation of its terms of service or policies.

Exchange rate fluctuations for international payments are constant and unavoidable. All refunds are processed in U.S. dollars, and will reflect the exchange rate in effect on the date of the refund. All refunds are subject to this fluctuation and Backovia LLC is not responsible for any change in exchange rates between time of payment and time of refund.

 

We do not offer Refunds of ANY KIND, except when your service is Not Delivered. The Server delivery may take 1 - 48 Hours for VPS and 1 Day to 10 Days in case of Dedicated Server. If the service is not delivered within the above time frame, you can request a refund or a credit as suitable.

 

All services once provisioned will not be eligible for a refund. We do not offer any Trials or Test Plans.

 

There are no refunds on administrative fees, IP addresses, license fees, and installation fees for custom software. Eligibility of said refunds will be determined at the time of cancellation. 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. You will also not be eligible for refund if you have opened a second account with us.

 

Any violation of our Terms of Service or related policies will waive the refund policy.

 

7. 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.

 

8. Uptime Guarantee (Service Level Agreement)

 

If your VPS, Dedicated or co-located server has downtime that is not within the 99.95% uptime guarantee, you may receive a pro-rated credit on your account. Approval of the credit is at the discretion of Backovia LLC 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 period of time at which the server maintains less than 50% packetloss (as measured by Backovia LLC using tcp/ip pings), which may differ from the uptime reported by other individual services. Our SLA applies to our network and not to any downtime as result of hardware error or failure. To request a credit, please visit https://helpdesk.backovia.coom to create a support ticket to our Billing department with justification.

 

8. Indemnification

Customer agrees that it shall defend, indemnify, save, and hold Backovia LLC harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Backovia LLC, 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 Backovia LLC against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Backovia LLC; (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 Backovia LLC's server.

 

9. Arbitration

By using any Backovia LLC services, you agree to submit to binding arbitration. If any disputes or claims arise against Backovia LLC or its subsidiaries, such disputes will be handled by an arbitrator of Backovia LLC's choice. An arbitrator from the American Arbitration Association or the National Arbitration Forum will be selected in the state of Florida. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. 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.

 

 

10. Disclaimers

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

 

HIPAA Disclaimer: We are not HIPPA compliant.

 

Disclosure to Law Enforcement :

 

Backovia LLC 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.

 

11. Disclosure and Reporting to Third Party Agencies

Backovia LLC subscribes to various third party fraud and order screening services. Backovia LLC may disclose subscriber information and its opinions related to unsatisfactory experiences with the subscriber. (Such unsatisfactory experiences most commonly include, but are not necessarily limited to, abuse of service (ie sending bulk unsolicited email aka SPAM, phishing and other forms of fraud, early termination, chargebacks, and unpaid accounts). Unpaid accounts placed for collection or legal action may also be reported to business credit agencies (ie Dun & Bradstreet).

 

12. Changes to Terms of Service

Backovia LLC reserves the right to revise its policies at any time without notice.