I. Acceptable Use Policy
Purchasers of Internet services provided by BlackWire Marketng, LLC, including BlackWire Web Hosting Service Clients and/or Affiliates referring customers, must read and agree to the following terms and guidelines: The Internet is a powerful information and entertainment tool, we would expect our customers to use the Internet with respect, courtesy, and responsibility, giving due regard to the rights of other Internet users.
Our Acceptable Use Policy is actively and strictly enforced. Offending content or users are removed from our network, usually as soon as they are discovered, although we will always inform you when and why any action has been taken. Common sense is the best guide as to what is considered acceptable use, however the following are unacceptable uses.
Illegality
In any form, including but not limited to the unauthorized distribution or copying of copyrighted software or other data, harassment, fraud, trafficking in obscene material.
Undesirable Content
Certain types of content are not allowed on our network.
We do not host "adult" or sexually explicit content of any description. That includes "R" rated sexual content.
We do not host content relating to Hacking, Cracking, Warez. IRC is not allowed.
We do not host content related to hatered, anti-religious, anti-racial, anti-social groups.
We do not host content related to the occult, psychics,horoscopes, astrology, psychic lines (psychic 900 numbers), etc
We do not host any sites that promote pyramid, Ponzi, chain letter-type scams including "gifting" programs.
We do not host anything that supports illegal activity of any kind.
We reserve the right to remove content that violates these terms without notification.
SIDE NOTE: The purpose for banning the above content (aside from obvious moral issues) is that some content attracts a certain caliber of visitor to web sites that includes hackers and other lower level web surfers. This caliber of traffic can compromise a server and/or it's network.
Software downloads may only be hosted if you are the writer and copyright owner of the software, or have permission to distribute such information. Any software including freeware, shareware and trial software that is covered under copyright protection is forbidden for which you do not have permission to host or distribute is forbidden. Audio and video downloads may only be hosted if you are the creator and copyright owner of the work or have written permission to offer such files from the copyright holder.
All hosting accounts must 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, material we judge to be threatening, obscene, demeaning to others, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold us harmless from any claims resulting from the use of the service which damages the subscriber or any other party.
Note: Sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet. Links to such materials are also prohibited.
Black Wire Hosting will be the sole arbiter as to what constitutes a violation of this provision.
Bulk Email
The use of our network, servers or other equipment to send bulk e-mail to any recipients that have not requested to receive such e-mail messages, and the use of unsolicited bulk e-mail to promote a site on our network is strictly forbidden. Hosting clients and affiliates of BlackWire Marketing, LLC agree that the use of bulk e-mail by our affiliates or hosting clients to promote any product or service associated withBlackWire Marketing, LLC is grounds for cancellation of hosting service accounts and/or affiliate accounts whether or not the bulk e-mail was sent through the BlackWire Marketing, LLC web servers. Sending bulk e-mail through out network and/or servers requires you to be able to verify the request made by any and all recipients of e-mail messages. failure to provide proof or verification that a recipient requested to receive a mailing in question, may be labeled as "spam" and may result in the termination of an account as well as termination from any future uses of the network and/or equipment provided by BlackWire Marketing, LLC
Misuse Of Resources
Including but not limited to employing applications which consume excessive CPU time, memory or storage space. Chat/IRC, web proxy and mailing list scripts which are used for sending unsolicited bulk e-mail are not allowed if e-mail messages are sent to recipients who cannot be verified as having requested such e-mail. The use of web cam applications which maintain a constant FTP connection uploading an image at regular intervals is forbidden. If you are unsure about content you intend to place on our network, please check with us before you do. We reserve the right to determine what constitutes acceptable use.
It is considered a misuse of resources for hosting clients to resell any portion of the hosting service, disk storage space, bandwidth, eMail accounts, sub-domains or any other service associated with the features of the plan that require the use of the web servers. Hosting clients may not act on behalf of Black Wire Hosting as a representative or agent of the Company in any way. The selling of hosting service features may only occur through the authorized affiliate program which requires the registered affiliate to read and abide by the affiliate program policies stated in section IV below.
II. Contact Information
BlackWire Marketing, LLC 390 W. 12th Ave Suite 203, Eugene OR, 97401 USA
I II. Black Wire Hosting Legal Notice
BlackWire Hosting is a subsidiary of BlackWire Marketing, LLC
Hereafter we refer to BlackWire Marketing LLC dba Black Wire Hosting as "the Company".
Information and Accuracy
Information and services provided at the Internet domains and BlackWire marketingLLC are provided "AS IS" without warranty of any kind, either express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
No Liability
In no event will the Company be liable to any party for any direct, indirect, punitive, special, incidental or other consequential damages arising directly or indirectly from any use of this Internet resource, or the BlackWire Marketing, LLC hosting service, even if the Company is expressly advised of the possibility of such damages.
Copyright Notice
This website is subject to the protection of the copyright laws of the United States and other countries. You may not reproduce any part of this web site without the prior written permission of the Company.
Links to other sites
Information on this web site may contain links or references to other sites. Other sites may contain links or references to this site. The Company does not endorse, and is not responsible for, any product or service offered by any entity other than itself.
Comments
Any comments or materials sent to the Company regarding this web site may be used by the Company without liability, and without compensation or attribution to the sender. The Company may reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute such content or materials to others without limitation.
Cancellation or Suspension of Accounts
The Company may cancel permanently or suspend temporarily any account that is in violation with the terms of service.
The hosting client may cancel his/her account within 30 days of purchase by writing a request to close the account and sending it to the Company (by postal mail) and receive a full refund. For cancellation requests made by the client after 30 days, refunds will be pro-rated based on the number of months paid for in advance (unused months). After 30 days from the purchase date, set-up fees are NOT refundable. All web hosting account cancellations may be submitted in writing by postal mail , but MUST include ALL FIVE (5) of the following components of information in order to process any potential refund: (1) The domain name on the account being cancelled; (2) the FULL name of the registered owner of the domain; (3) a VALID e-mail address; (4) a PHYSICAL MAILING address of the owner of the domain /account user; (5) the original method of payment used to order the account being cancelled (e.g.: PayPal, 2CheckOut, etc.). Requests for any pending refunds may not be processed until all of this information is provided. Postal mail requests are preferred to assure delivery of your request.
Refund requests MUST be submitted in writing as outlined above, or posted by the customer in the appropriate MEMBERS CENTER via customer log-in credentials. Refund requests made by e-mail or voice-mail ARE NOT VALID requests and cannot be honored due to the lack of dependability of many ISP mail services. Only refund request made in writing and sent by postal mail OR submitted through the Members Center via log-in are considered valid and are logged by date. The date of such requests constitutes the date used to calculate the 30 day refund policy.
IV. BlackWire Marketing, LLC / BLACK WIRE HOSTING HOSTING CLIENT AND AFFILIATE CONTRACT:
Hereafter we refer to BlackWire Marketing, LLC as "the Company". The BlackWire Marketing, LLC Client Contract is the contract between the Company and the Hosting Client and/or Affiliate (You).
You agree that Oregon law, excluding conflict of laws principles, will govern this agreement, and that any claim or suit arising out of or related to this agreement must be brought exclusively in federal or state courts located in Eugene, Oregon. You consent to the exclusive jurisdiction of such courts. You agree that in no event will the Company be liable to you for any special, incidental or consequential damages. You agree to indemnify and hold the Company harmless for any damages or costs incurred as a result of your violation of any law, regardless of whether they are actual, incidental, consequential, or punitive.
You agree that you are responsible to pay all applicable taxes, and to obtain all relevant licenses and permits associated with the legal operation of your enterprise. You assume full responsibility for your decision to use BlackWire Marketing, LLC's affiliated services.
The Company offers the hosting service "as is" and disclaims any implied warranties including for merchantability, fitness for a particular purpose, and non-infringement. You understand that the Company reserves the right to delay, suspend, or refuse payment of any portion of your affiliate earnings at any time.
You understand that the Company reserves the right to close your hosting service if the terms of this policy are violated and/or close any affiliate account at any time. You understand that the Company reserves the right to modify the BlackWire Marketing, LLC and/or Affiliate Client Contract at any time.
Domain Registration
When a customer purchases a web hosting account, the client is required to either register a new domain name and the registrar of choice or provide a domain the client already owns.
If the customer does not own a domain at the time of purchase, the client is required to REGISTER one for the hosting account to be valid. There are TWO (2) options for customers who do not yet own a domain at time of purchase:
OPTION #1 - When a hosting account is ordered , client is given the option of searching for an available domain and allowing BlackWire Marketing, LLC to register an available domain for the client's use as long as they remain a Black Wire Hosting customer.
OPTION #2: Customers may register and use any domain that is legally secured at any 3rd party registrar of choice. When the customer registers their domain on their own , they retain full ownership of said domain and may transfer it to another registrar and/or update the DNS record to point said domain at any web server/host of choice.
Cancellation of Program
All users, participants, hosting clients, affiliates, subscribers and customers of BlackWire Marketing, LLC agree that The Company may cancel this service and /or affiliate program, or limit the number of users, participants, hosting clients, affiliates, subscribers and customers.
We Reserve the Right to Refuse Service
All users, participants, hosting clients, affiliates, subscribers and customers of BlackWire Marketing, LLC agree that The Company may cancel their service at anytime.
Privacy Policy
Any information submitted by the customer will never be shared, sold, reused in lists, or be used for any other purpose than to complete a transaction or address a customer service concern with BlackWire Marketing, LLC
