By ordering our services
in any way you are agreeing to
be bound by our terms and conditions
below.
Policy and Service Guidelines
We want to provide the best possible
service to our customers and to do
so, we have to set forth some guidelines
for everyone to follow. These
terms and conditions override any
email, chat session, or contact of
any kind with any personnel. This
Agreement will become effective when
accepted by Black Diamond Solutions.
Content
All services provided by Black Diamond
Solutions may be used for lawful
purposes only. Transmission, storage,
or presentation of any information,
data or material in violation of
any United States Federal, State
or City law is prohibited. This includes,
but is not limited to: copyrighted
material, trademark, intellectual
property, material we judge to be
threatening or obscene, or material
protected by trade secret and other
statute without proper authorization.
The subscriber agrees to indemnify
and hold harmless Black Diamond Solutions
from any claims resulting from the
use of the service which damages
the subscriber or any other party.
Pornography and sex-related
merchandising and material is prohibited
on all sites hosted by Black Diamond
Solutions .
This includes sites that may infer
sexual content, or links to adult
content elsewhere. If you host
non-adult related content with
us and then host adult related
sites somewhere else, this is also
prohibited and we can not allow
someone to host on our server that
would host pornography elsewhere.
If we find out that you are hosting
adult material elsewhere, we will
be forced to remove your site (even
if it does not have adult material
on it) from our servers because
we feel that it would be just a
matter of time before you would
either try to put that on our servers
or place a link to it. Black Diamond
Solutions will be the sole arbiter
in determining violations of this
provision. If pornography is found
on our server, the offending domain
will be deleted immediately with
no warning and no refunds of money
will be given.
Also prohibited are sites that promote
any illegal activity or present content
that may be damaging to Black Diamond
Solutions servers or any other server
on the internet. Links to such materials
are also prohibited.
Examples of unacceptable content
or links:
 |
Pirated
software |
 |
Hacker
/ Cracker programs or archives |
 |
Warez
sites |
Black Diamond Solutions will be
the sole arbiter as to what constitutes
a violation of this provision.
Your site cannot promote demonic,
occult, satanic, new age or anti-Christian
values or beliefs; cannot promote
pro-choice or pro-abortion views;
cannot promote gay or lesbian lifestyle
views; cannot promote a distorted
view or faulty interpretation of
the Holy Bible (we are not talking
about disputes between KJV and NIV,
we are talking of obvious misconstruing
of God's Word such as saying that
Jesus was not God) Not only can you
not have offending material on your
sites, but you cannot have links
to any sites with offending material
on them or material listed above.
If links to any offending sites are
found, we will ask you to remove
them and if you do not comply, we
will then have to remove your account
from our server. The above listing
is not complete by any means. Black
Diamond Solutions decides what is
offending to our family and we want
everyone to abide by those rules.
Black Diamond Solutionshas the complete
right to ask anyone to leave for
any offending reason at our discretion.
At Black Diamond Solutions' discretion,
access to Black Diamond Solutions'
server (and your account) may be
revoked at any time for abusive conduct
on the system and / or the Internet
and its resources as a whole.
Satisfaction Guaranteed
If you try our service for 15 days,
stay within our terms and conditions
stated here, and decide that it does
not meet your needs within that amount
of time, then all you have to do
is cancel your hosting account before
the 30th day and you will receive
your hosting fee back. This
does not include the domain registration
fee, though, as that is non-refundable
since we can not get our money back
from the registrar .
E-mail
Spamming, or the sending of unsolicited
e-mail or message board posts including,
without limitation, commercial advertising
and informational announcements,
from our server(s) or using an e-mail
address or domain that is maintained
on an Black Diamond Solutions machine
as reference in that spam is STRICTLY
prohibited. Domains and sites are
subject to being canceled immediately
off of our server as well as fined
no less than $500 US. A user shall
not use another site's mail server
to relay mail without the express
permission of the site. Black Diamond
Solutions will be the sole arbiter
as to what constitutes a violation
of these provisions.
Hosting Packages
We reserve the right to change the
packages that we offer in any way
without prior notice. We normally
will send out an announcement when
we change things but we reserve the
right not to.
Domain Registration
1. Fees
As consideration for the domain name registration services provided by Black
Diamond Solutions, you shall pay all applicable initial
registration fees and renewal fees. We register your new domain through an
ICANN approved registrar and you agree to pay us $20.00
US per year for the total of the years that you are registering upon registration
and then you agree to pay $20.00 US per year after that for every year that
you use the domain. You will be notified (by email only) when renewal fees
are due or if you have a hosting package with us, your account will be automatically
debited 45 days prior to it's renewal time to be sure it gets renewed, and
it shall be your responsibility to ensure that such fees are paid. If you
do not respond or pay within the specified time period for registrations
or renewals or if you have the charges reversed on your credit card after
ordering the domain (even though you ordered it), the ownership of the domain
will transfer to Black Diamond Solutions and will not be available for purchase.
You agree that Black Diamond Solutions shall have no liability whatsoever
with respect to any such cancellation, and that Black Diamond Solutions may
cancel or reassign the domain name in the event of any delinquency or abuse
of these terms. We reserve the right to refuse any domain registration request
at our discretion. All domain registration fees are non-refundable. Once
the domain is ordered, we can not get your money back if you change your
mind.
To complete the registration process,
you must read and agree to be bound
by all terms and conditions of this
Agreement, the accompanying fee schedule
and dispute policy, and any rules
or policies that are or may be published
by Black Diamond Solutions and/or
Bulk Register. You acknowledge that
Black Diamond Solutions may modify
this Agreement if necessary to comply
with its Agreement with the registrar
and ICANN, or for any other business
purpose.
2. Dispute Policy
In applying for a domain
name, you warrant that the registration
is not made in bad faith and that
the name does not conflict with another
domain name. You agree to be bound
by the current BulkRegister Name
Dispute Policy ("Dispute Policy")
which is incorporated into this Agreement
by reference. The Dispute Policy
can be found at http://www.bulkregister.com/disputepolicy.html .
Any disputes regarding the right
to use your domain name will be subject
to the Dispute Policy. Bulkregister
may modify the Dispute Policy in
its sole discretion at any time.
Your continued registration of your
domain name after modification to
the Dispute Policy becomes effective
constitutes your acceptance of those
modifications. If you do not agree
to such a modification, you may request
that your domain name be deleted.
You agree that you will be subject
to the provisions specified in the
Dispute Policy in effect at the time
your domain name is challenged by
a third party. You also agree that
in the event a domain name dispute
arises with any third party, you
will indemnify, defend and hold Black
Diamond Solutions and Bulkregister
harmless.
3. Use of Your Information
As part of the domain registration
process, you are required to provide
certain information and to update
this information to keep it current,
complete and accurate. This information
includes (i) your full name, postal
address, e-mail address, voice telephone
number, and fax number if available;
(ii) the name of an authorized person
for contact purposes in the case
of a registrant that is an organization,
association, or corporation; (iii)
the IP addresses of the primary nameserver
and any secondary nameservers for
the domain name; (iv) the corresponding
names of those nameservers; (v) the
full name, postal address, e-mail
address, voice telephone number,
and fax number if available of the
technical contact for the domain
name; (vi) the full name, postal
address, e-mail address, voice telephone
number, and fax number if available
of the administrative contact for
the domain name; (vii) the name,
postal address, e-mail address, voice
telephone number, and fax number
if available of the zone contact
for the domain name; and (viii) any
remark concerning the registered
domain name that should appear in
the WhoIs data.
You acknowledge that providing inaccurate
information or failing to update
information promptly will constitute
a material breach of this Agreement
and will be a basis for cancellation
of your domain name and hosting.
If you license use of a domain name
to a third party, you remain responsible
for providing your own full contact
information and for providing and
updating accurate technical, administrative,
and zone contact information. You
acknowledge that Black Diamond Solutions will
make some of the information that
you provide during the registration
process publicly available as required
by ICANN. Additionally, you acknowledge
that ICANN may impose guidelines,
limits and/or requirements that relate
to the amount and type of information
that Black Diamond Solutions may
or must make available to the public
or to private entities. Black Diamond
Solutions will not otherwise disclose
your information to any third party
unless it is required to maintain
your domain name. You may request
a copy of your information in Black
Diamond Solutions' possession to
review, modify or update such information.
4. Use Policies
Black Diamond Solutions reserves the right to suspend or cancel your domain
name in the event that you use the domain name to send unsolicited commercial
advertisements in contradiction to either applicable laws or customary acceptable
usage policies of the Internet, or if you use your domain name in connection
with unlawful activity. You may not transfer your domain to another registrar
within sixty (60) days of obtaining the domain name through us.
6. Representations and
Warranties
You represent and warrant
that all information provided by
you in connection with your registration
is complete and accurate. Black Diamond
Solutions makes no representation
or warranties of any kind in connection
with this Agreement. Black Diamond
Solutions does not represent or warrant
that registration of your domain
name will immunize you from challenges
to your domain name.
7. Breach and Revocation
Any breach by you of this
Agreement or the Dispute Policy must
be remedied by you within 30 days
of notice by Black Diamond Solutions.
If you fail to cure the breach, Black
Diamond Solutions may revoke your
registration of the domain name.
You also agree that Black Diamond
Solutions shall have the right in
its sole discretion to revoke, suspend,
transfer or otherwise modify a domain
name registration upon seven (7)
calendar days prior written notice,
or at such time as Black Diamond
Solutions receives a properly authenticated
order from a court of competent jurisdiction,
or arbitration award, re-querying
the revocation, suspension, transfer
or modification of the domain name
registration.
Nothing contained in this Policy
shall be construed as creating any
agency, partnership, or other form
of joint enterprise between the parties.
The failure of Black Diamond Solutions
to require your performance of any
provision hereof shall not affect
the right to require such performance
thereafter; nor shall the waiver
by Black Diamond Solutions of a breach
of any provision hereof be taken
or held to be a waiver of the provision
itself.
Agents
Client understands, acknowledges
and agrees that by using the domain
on or any service of Black Diamond
Solutions, client ratifies and is
bound by this Agreement even if an
agent (such as a webmaster, ISP,
or employee) entered into this Agreement
on the client's behalf, and even
if client has not itself read this
Agreement. Further, client is responsible
for all information submitted by
its agent. Black Diamond Solutions will
not cancel this Agreement, or refund
any fees paid to it, because of errors
or omissions of the agent in the
registration process (e.g., if such
agent provides incorrect information)
or because of errors or omissions
in changes to Registrant's client
information, without client's actual
consent, as such apparent authority
will suffice to bind the client.
By acting on the client's behalf,
such agent represents and warrants
to the client and Black Diamond Solutions
that the agent is authorized to bind
client hereto and that it has fully
and thoroughly advised client of
the terms and conditions of this
Agreement.
You agree that if you license the
use of your domain name to a third
party, you remain the domain name
holder, and remain responsible for
all obligations under this Agreement.
System and Network Security
Violations of the Black Diamond
Solutions system or network security
are prohibited, and may result in
criminal and civil liability. Black
Diamond Solutions will investigate
incidents involving such violations
and may involve and will cooperate
with law enforcement if a criminal
violation is suspected. Examples
of system or network security violations
include, but not limited to, the
following:
| |
Unauthorized
access to or use of data, systems
or networks, including any attempt
to probe, scan or test the vulnerability
of a system or network or to
breach security or authentication
measures without express authorization
of the owner of the system or
network. |
| |
Unauthorized
monitoring of data or traffic
on any system or network without
express authorization of the
owner of the system or network. |
| |
Interference
with service to any user including,
but not limited to, mailbombing,
flooding, deliberate attempts
to overload a system and broadcast
attacks. |
| |
Forging
of any TCP-IP packet header or
any part of the header information
in an e-mail or a newsgroup posting. |
Black Diamond Solutions reserves the
right to report illegal activities
to any and all regulatory, administrative,
and / or governmental authorities
for prosecution.
IRC
We currently do not allow IRC or
IRC bots to be operated on our servers.
Age
The client must be 18 years of age
to obtain our hosting services.
Server Abuse
Any attempt to undermine or cause
harm to a server, or customer, of
Black Diamond Solutions is strictly
prohibited.
Newsgroups
Posting the same or similar message
referencing your domain hosted with
us in any way to one or more news
groups (excessive cross-posting or
multiple-posting, also known as "SPAM")
is explicitly prohibited.
WebCams
Transfer monsters. We do not allow
webcams because they really take
tons of transfer and unless you are
willing to help us pay for the extra
bandwidth, please don't use them.
If you must use one and want to help
pay for the extra bandwidth please
contact us to discuss it first.
Christian Faith
You agree that your site will not
have anything on it that contradicts
this:
| |
the
Bible is the only authoritative
Word of God; |
| |
the
only means of being cleansed
from sin is through repentance
and faith in the precious blood
of Jesus Christ, which is essential
for personal salvation (and not
through our works) |
Transfer
We reserve the right to ask you
to move your domain or upgrade to
another server option that suits
your needs if your site takes up
more than a fair share of the server
resources (over 10%). This can include
excessive use of cgi resources, system
resources, or excessive use of bandwidth.
One way to help is to not allow people
to link to your graphics or sound
files. That can add up fast and take
up your bandwidth before you know
it. We allow bandwidth starting at
1 GB per month, but the load on the
server from various applications
and cgi processes can also cause
big problems and we will address
that if needed. There will not be
any surprise bills (unless your site
takes up a surprising amount of resources
all at once and then we would contact
you), but we will ask you to remedy
this problem and if it is not possible
for you to do that, you will be expected
to upgrade or move.
IP Numbers
Black Diamond Solutions maintains control
and any ownership of any and all
I.P. numbers and addresses that may
be assigned to the client and reserves
in its sole discretion the right
to change or remove any and all IP
numbers and addresses. (you retain
the ownership of your domain name
and all material owned by you contained
in your site, though)
Indemnity
You agree to defend, indemnify and
hold harmless Black Diamond Solutions
and any applicable domain name registry,
including Bulkregster.com, Alabanza,
Network Solutions, Inc., and the
directors, officers, employees and
agents of each of them, for any loss,
damages or costs, including reasonable
attorneys' fees, resulting from any
third party claim, action, or demand
related to your domain name or the
use thereof. This indemnification
is in addition to any indemnification
required under the Dispute Policy. We
do not own your domain name nor do
we want to (unless you
do not pay for it and we have to
transfer the ownership to us - see
the section on domain registration
above) and we do not claim ownership
of your content. It is completely
yours. All content on your web site
is considered a publication of yours
and we are not to be held responsible
for anything you present on the web
through your domain in any way.
Limitation of Liability
(Domain Registration)
YOU AGREE THAT Black Diamond Solutions AND/OR
BULKREGISTER WILL NOT BE LIABLE TO
YOU OR ANY OTHER PERSON FOR ANY LOSS
THAT MAY OCCUR DUE TO (a) ANY LOSS
OF REGISTRATION OF A DOMAIN NAME,
(b) THE USE OF YOUR DOMAIN NAME,
(c) ACCESS DELAYS OR ACCESS INTERRUPTIONS
TO Christian Web Host, Inc./BULKREGISTER'S
REGISTRATION SYSTEM; (d) THE NON-DELIVERY
OR MISDELIVERY OF DATA BETWEEN YOU
AND Christian Web Host, Inc.; (e)
EVENTS BEYOND
Black Diamond Solutions' CONTROL;
(f) THE PROCESSING OF THIS APPLICATION;
(g) THE PROCESSING OF ANY MODIFICATION
TO THE RECORD ASSOCIATED WITH YOUR
DOMAIN NAME, (h) THE FAILURE OF YOU
OR YOUR AGENT TO PAY ANY FEES HEREUNDER;
OR (i) THE APPLICATION OF THE DISPUTE
POLICY. FURTHER, Black Diamond Solutions.
OR BULKREGISTER WILL NOT BE LIABLE
FOR ANY INDIRECT, SPECIAL, INCIDENTAL,
OR CONSEQUENTIAL DAMAGES OF ANY KIND
(INCLUDING LOST PROFITS) REGARDLESS
OF THE FORM OF ACTION WHETHER IN
CONTRACT, TORT (INCLUDING NEGLIGENCE),
OR OTHERWISE, EVEN IF Black Diamond
Solutions HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IN NO
EVENT SHALL Black Diamond Solutions'
MAXIMUM LIABILITY EXCEED THE TOTAL
AMOUNT PAID BY YOU TO Black Diamond
Solutions FOR REGISTRATION OF YOUR
DOMAIN NAME DURING THE PRIOR 3 YEARS.
TO THE EXTENT APPLICABLE STATE DOES
NOT ALLOW THE LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
OUR LIABILITY IS LIMITED TO THE MINIMUM
EXTENT PERMITTED BY LAW
Limitation of Liability
(Hosting)
Black Diamond Solutions shall not
be responsible for any claimed damages,
including incidental and consequential
damages, which may arise from Black
Diamond Solutions servers
going off-line or being unavailable
for any reason whatsoever. Further,
Black Diamond Solutions shall not
be responsible for any claimed damages,
including incidental or consequential
damages, resulting from the corruption
or deletion of any web site from
one of Black Diamond Solutions' servers.
All damages shall be limited to the
immediate termination of your service.
Black Diamond Solutions will not be held
responsible for any problems that
a reseller's customer may have. We
will always do our best to keep things
running smoothly and to ensure that
your web experience is the best.We
disclaim any and all loss or liability
resulting from, but not limited to:
(1) loss or liability resulting from
access delays or access interruptions;
(2) loss or liability resulting from
data non-delivery or data mis-delivery;
(3) loss or liability resulting from
acts of God; (4) loss or liability
resulting from the unauthorized use
or misuse of your Account Number,
Password or security authentication;
(5) loss or liability resulting from
errors, omissions, or misstatements
in any and all information or service(s)
provided under this agreement; (6)
loss or liability relating to the
deletion of or failure to store e-mail
messages; (7) loss or liability resulting
from the development or interruption
of your Web site; (8) loss or liability
from your inability to use our mail
service; or (9) loss or liability
that you may incur in connection
with our processing of your application
for our services, our processing
of any authorized modification to
your domain name record or your agents
failure to pay any fees, including
the initial registration fee or reregistration
fee.
Refusal of Service
Black Diamond Solutions shall be
the sole arbiter of what is and is
not a violation of these acceptable
use policies. Black Diamond Solutions
reserves the right to terminate any
account at any time and for any reason.
Black Diamond Solutions reserves
the right to delete all content and
files upon termination. Black Diamond
Solutions reserves the right to withhold
any pre-paid funds for any site removed
for violations of these policies.
Black Diamond Solutions reserves
the right to refuse, cancel, or suspend
service at our sole discretion.
In the event that any provision
of this Agreement is deemed unenforceable
or invalid, such unenforceability
or invalidity shall not affect the
remainder of this Agreement. Black
Diamond Solutions may amend or replace
such provision with one that is valid
and enforceable and which achieves,
to the extent possible, the original
objectives and intent of Black Diamond
Solutions as reflected in the original
provision.
This Agreement and all rights hereunder
shall be governed by the laws of
the State of Alabama. Any action
relating to this Agreement or to
your use of the Black Diamond Solutions
site shall be brought exclusively
in the courts of Alabama in the USA.
Black Diamond Solutions reserves the
right to change the Acceptable Use
Policy without prior notice or warning.
Non-enforcement of any part of the
Acceptable Use Policy does not constitute
consent.
This Agreement, the Black Diamond
Solutions fee schedule, the hosting
terms of use and the Dispute Policy,
together with all amendments or modifications
to any of them, constitute the complete
and exclusive agreement between you
and Black Diamond Solutions and supersede
and govern all prior proposals, agreements,
or other communications.
All Sub-Networks and distributive
hosting sites of Black Diamond Solutions
must adhere to the above policies.
Failure to follow any term
or condition will be grounds for
immediate shut down. |