BoldWater agrees to provide the client web hosting for a monthly/quarterly/semi-annual/annual fee. BoldWater will never require clients to advertise for BoldWater on their website in any way shape or form unless agreed upon such as a non-profit organization receiving complimentary hosting. Clients are allowed to use the service for business/commercial or personal websites or content.

Contents

All services provided by BoldWater may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States (or any other country) law is prohibited. This includes, but is not limited to: copyrighted material, material that is threatening or obscene, or material protected by trade secrets and other statue. The subscriber agrees to indemnify and hold harmless BoldWater from any claims resulting from the use of the service which damages the subscriber or any other party.

Examples of Non-Acceptable Contents or Links

• Pirated software
• Hacking programs or archives
• Warez Sites
• Illegal MP3’s
• Spamming Software
• Vip Poster
• Hyip
• Proxys

Background Running Programs

We do not allow background-running programs. This includes any IRC related software such as bouncers and bots. In certain cases we may allow programs to run continually in the background, these are considered on a one to one basis and an extra charge will be incurred based on system resources used and operational maintenance needed.

Banned Scripts

You are free to use any scripts you wish provided they do not affect the normal operations of the server and they are not mentioned specifically below. Scripts that are commonly known for causing server disruption include large cgi-based message forums, auctions, and banner exchanges. In the event a script affects normal server and/or administrative operations, BoldWater reserves the right to disable the account pending client cooperation and resolution.

Violation of indecency and obscenity laws can result in criminal penalties.

Intellectual Property Rights

Material accessible to you through BoldWater’s Services may be subject to protection under the United States of America (or any other country) copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use the BoldWater Service in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the BoldWater Network. If you use a domain name in connection with the BoldWater Service or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.

Defamation

Defamatory speech distributed over the Internet can result in civil liability for the defamer.

Refusal of Service

BoldWater reserves the right at its sole discretion to refuse or cancel service. Violation of any of BoldWater’s Rules and Regulations could result in a warning, suspension, or possible account termination. Accounts terminated due to policy violations will not be refunded. Free domains which have been granted for customers paying annually are released to the customer at the end of there hosting period. Domains terminated due to policy violations will not be released to the customer.

Spam or Unsolicited E-Mail

You must not use the BoldWater Network, BoldWater equipment or any BoldWater email address in connection with the transmission of spam, flames, mail bombs, or substantially similar, unsolicited email messages. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. This prohibition extends to the sending of unsolicited mass mailings from another service that in any way implicates the use of the BoldWater Network, BoldWater equipment or any BoldWater email address. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one’s email address accessible to the public will not constitute a request or invitation to receive messages.

If you are found to have spammed, BoldWater reserves the right to disable your domain without warning. In addition, BoldWater may impose a $50 penalty for each spam policy violation. BoldWater solely reserves the right to refuse or cancel service to known spammers. Lastly, BoldWater reserves the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund.

Abuse

Any attempts to undermine, slander, libel, threaten, or cause harm to a BoldWater server, customer, employee, or the company directly is strictly prohibited and is grounds for immediate termination without refund. In addition, we will pursue all attempts to the fullest extent of the law.

Indemnification

Customer agrees that it shall defend, indemnify, save and hold BoldWater (or it’s employee’s/owners) harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against BoldWater, 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, it’s agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless BoldWater against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with BoldWater server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement. Customer agrees to limit the liability of BoldWater to the amount paid for service.

Refund and Cancellation Policy

For payment, BoldWater accepts Visa, MasterCard, Discover, American Express or PayPal. BoldWater invoices exclusively via e-mail. BoldWater does not send out invoices via postal services.

You may cancel your account at any time and receive a full refund (excluding any setup fees or domain name registrations fees incurred) if cancelled within our thirty (30) day money-back guarantee period. To receive this refund, you may not be on a custom package of any sort. You must be on one of the pre-created packages by BoldWater that is listed on our site. You may cancel for any reason.

If after thirty (30) days you wish to cancel your hosting account, you will receive no refund of any monies paid to BoldWater.

If customer notifies of intent to cancel fifteen (15) days before recurring anniversary billing date customer will not be billed for the next period and all payments thereafter will be cancelled with immediate effect.

No refunds on SSL certifcates, domain names or Dedicated servers.

Late Payment

Any account whose payment status is not current as of the start of the next billing period is deemed late. Generally, customers are given a 15 day grace period after which the account is put on suspension.

You will receive a payment reminder frequently from the start of your payment due date. If after 30 days payment has not been received or we have not been contacted regarding payment, your account will be terminated without any further notice. Files, emails and databases of terminated accounts are not retained. Reactivation of closed accounts due to delinquency incurs a $25 reactivation fee as well as payment of the balance due in full. For late payments please email web@boldwater.com to arrange payment.

Cancellation Notification

You must provide written notice of intent to cancel via email to web@boldwater.com. On receipt your account will be pending cancellation within 24 hours. Please include your Name, domain name, username, password and your reason for canceling. See Refund Policy for your right to refund.

Disclaimer

BoldWater will not be responsible for any damages your business may suffer. BoldWater makes no warranties of any kind, expressed or implied for services we provide. BoldWater disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by BoldWater and its employees. BoldWater makes a 99.9% Uptime guarantee. You can request an account credit for any documented downtime equal equal to 1 day or roughly 3% of your monthly base hosting fee.