Disclaimer Notice
You agree that your use of Batigbe Solutions services shall
be at your sole risk. All services provided by Batigbe Solutions
are available as is, without
warranty. In order to access Batigbe Solutions services, you are required to provide current and
factual identification, contact, and
other information as part of the registration process.
You are responsible for the confidentiality of your account information and for all activities
that occur under your account. You are solely responsible for all content within
your
account. You agree to immediately notify Batigbe Solutions of any unauthorized use of
your account or any other breach of security. Batigbe Solutions will not be liable for any loss
or damage as a result of your failure to provide us with
accurate information or to keep your
account secure.
Conduct
You are responsible for the actions of all users of your account
and any data that is created, stored, displayed by, or transmitted by your account while using
Batigbe Solutions products and services.
Prohibited Usage
You agree that any of the below activities are
considered prohibited usage and will result in immediate account suspension or cancellation
without refund and the possibility that Batigbe Solutions will impose fees; and/or pursue
civil
remedies without providing advance notice.
Misuse Of System Resources
Intentional misuse of system resources, including
but not limited to employing programs that consume excessive network capacity, CPU cycles, or
disk IO.
Spam and Unsolicited Bulk Email (UBE)
Batigbe Solutions has ZERO tolerance
policy on spam, Junk email or UBE. Spam, Junk email and UBE are defined as: the sending of the
same, whether commercial or not, to more than one recipient. 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 the message. UBE, also, includes email with forged headers, compromised mail
server relays, and false contact information. This prohibition
extends to the sending of
unsolicited mass mailings from another service, which in any way implicates the use of Batigbe
Solutions whether or not the message actually originated from our network.
Mailing Lists
Batigbe Solutions mass mailing rules also apply to mailing
lists, list servs, or mailing services you may contract with. The policy is stated as
follows:
An acceptable mailing list will be focused at a targeted audience that has
voluntarily signed up for your email information or hat has made their email address available
for distribution of information from you. The list must also allow for
automatic removal of
recipients with non-distribution in the future. Access to Other Computers or Networks without
Authorization
Attempting unauthorized and/or illegal access of computers, networks and/or
accounts not belonging to party seeking
access. Any act which interferes with the services of
another user or network. Any act relating to the circumvention of
security measures.
Batigbe Solutions and the services it provides may only be used for lawful
purposes. Transmission, distribution, or
storage of any information, data and or material in
violation of United States or State Regulation or Law, or by the
Common Law, is prohibited.
This includes, but is not limited to, material protected by copyright, trademark, trade
secret, or other intellectual property rights. Batigbe Solutions services may not be used to
facilitate infringement of
these laws in any way.
Other Activities viewed as illegal or
harmful:
1. Engaging in illegal activities or engaging in activities harmful to the
operations of Batigbe Solutions or Batigbe Solutions
customers
2. Providing False Data on
any Contract or Application; including fraudulent use of credit card numbers.
Invoicing and Payments
You agree that Batigbe Solutions shall be
permitted to charge your credit card on a monthly / quarterly / annually or other agreed upon
basis in advance of providing services. Payment is due upon invoicing. Service may be
interrupted on
accounts that reach 10 days past due. Accounts that are not collectible by
Batigbe Solutions may be turned over to an outside collection agency for
collection.
Subscriber is aware that Batigbe Solutions may prospectively change the specified
rates and charges from time to time. Batigbe Solutions is not responsible for any additional
bank fees, interest charges, finance charges, overdraft charges, or
other fees resulting from
charges billed by Batigbe Solutions. Currency exchange settlements will be based on agreements
between you and the provider of your credit card. Prorated credits are issued for unused
services when customer retains any active service and they are specifically requested
via the
cancellation form.
All refunds are subject to a $5.00 service charge unless cancelling within
the 7-day money-back guarantee period.
Support Policy
Batigbe Solutions provides 24×7 technical support to our
subscribers via Support Ticket system. The following are our guidelines when providing
support:
1. Support will be offered for the duration of your subscription.
2. Support
related to your Batigbe Solutions servers and physical functionality.
3. Batigbe Solutions
does not offer technical support for 3rd party application specific issues such as
configurations, programming, web or server configuration.
4. We ask that our Subscribers to
do their due diligence by becoming familiar with their device(s) and network,
troubleshoot
your home network, devices and point-of-failures before determining application, and services
are the root
cause.
Account Notices
Batigbe Solutions reserves the right to suspend network
access to any customer if, in the judgement of the Batigbe Solutions network administrators, the
customer’s server is the source or target of a violation of any of the other terms of
service
or for any other reason which Batigbe Solutions chooses.
Batigbe Solutions will use
reasonable care in notifying Subscriber and in resolving the problem in a method resulting in
the least amount of service interference.
Batigbe Solutions reserves the right to terminate
service without notice for continued and repeated violations of the terms of service. If
inappropriate activity is detected, all accounts of the Subscriber in question will be
deactivated until
an investigation is complete. Prior notification to the Subscriber is not
assured. In extreme cases, law enforcement will be contacted regarding the activity. The
Subscriber will not be credited for the time the Subscriber machines were
suspended.
You
may cancel the service at any time by contacting us.
Accounts are cancelled immediately after
confirmation. Cancellation of services DOES NOT relieve Subscriber of responsibility for the
payment/invoice of all accrued charges.
Network
If Batigbe Solutions assigns Subscriber with an Internet Protocol
(IP) for Subscriber’s use, the right to use Internet Protocol (IP) address shall belong only to
Batigbe Solutions, and Subscriber shall have no right to use that Internet
Protocol address
except as permitted by Batigbe Solutions in its sole discretion in connection with Hosting
Services, during the term of this Agreement.
Our allocation of Internet Protocol (IP)
addresses is limited by ARIN (American Registration for Internet Numbers) policies. These
policies state that the use of Internet Protocol (IP) addresses for Internet Protocol (IP) based
Batigbe
hosts will not be accepted as jurisdiction for new Internet Protocol (IP) addresses
when the protocol supports namebased Batigbe hosts. Moreover, you MUST use name-based hosting
where ever possible.
Limitation of Liability
Subscriber acknowledges that the service provided
is of such a nature that service can be interrupted for many reasons than the negligence of
Batigbe Solutions and that damages resulting from any interruption of service are difficult
to
ascertain.
Therefore, Subscriber agrees that Batigbe Solutions shall not be liable for
any damages arising from such causes beyond the direct and exclusive control Batigbe
Solutions.
Subscriber further acknowledges that Batigbe Solutions liability for its own
negligence may not in any event exceed an amount equivalent to charges payable by Subscriber for
services during the period damages occurred. In no event shall
Batigbe Solutions be liable
for any special or consequential damages, loss or injury.
Batigbe Solutions is not
responsible for any damages your business may suffer.
Batigbe Solutions does not make implied
or written warranties for any of our services. Batigbe Solutions denies any warranty or merchant
ability for specific purpose. This includes loss of data resulting from delays, non-deliveries,
wrong
delivery and any and all service interruptions caused by Batigbe Solutions.
Disclosure of Law Enforcement Due To Illegal Activity
The Terms of
Service specifically prohibits the use of our service for illegal activities. Therefore,
Subscriber agrees that Batigbe Solutions may disclose any and all Subscriber information
including IP numbers, account history, account use,
etc. to any court who sends us a valid
Court Order, without further consent or notification to the Subscriber. In addition, Batigbe
Solutions shall have the right to terminate all service set forth in this Agreement.
Endenmity
Batigbe Solutions emphasizes that in agreeing to the Batigbe
Solutions Term of Service, Subscriber indemnifies Batigbe Solutions for any violation of the
Terms of Service that results in loss of Batigbe Solutions or the bringing of any
claim
against Batigbe Solutions by any third-party.
This means that if Batigbe Solutions
is sued because of a Subscriber’s or a customer of a Subscriber’s activity, the customer and or
Subscriber must pay for any damages awarded against Batigbe Solutions, plus all costs and
reasonable
attorney’s fees.
Entire Agreement Notice
You agree that Batigbe Solutions may provide you
with notices, including those regarding changes to Terms of Service, by email, regular mail,
group messaging, or web postings on Batigbe Solutions services.
The Terms of Service
(including any policies, guidelines, or amendments that may presented to you from time to time)
constitute the entire agreement between you and Batigbe Solutions and govern your use of Batigbe
Solutions services,
superseding any prior agreements between you and Batigbe Solutions for
the use of Batigbe Solutions services.
Choice of Law and Forum
The Terms of Service and the relationship between
you and Batigbe Solutions shall be governed by the laws of the State of Georgia without regard
to its conflict of law provisions.
You and Batigbe Solutions agree to submit to the personal
and exclusive jurisdiction of the courts located within the country of Georgia, USA.
Waiver and Severability of Terms
The failure of Batigbe Solutions to
exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver
of such right or provision. If any provision of the Terms of Service is found by a court of
competent jurisdiction to
be invalid, the parties nevertheless agree that the court should
endeavor to give effect to the party’s intentions as reflected in the provision, and the other
provisions of the Terms of Service remain in full force and effect.
Statute of Limitations
You agree that regardless of any statute or law to
the contrary, any claim or cause of action arising out of or related to use of Batigbe Solutions
services or the Terms of Service must be filed within one (1) year after such claim or cause
of
action arose or forever barred.
Contact Us
If you have any questions about these Terms, please contact
us.