ControlBD I.T.
Terms & Condition / Terms of Service.
1.) Account Setup
We will setup your account after we have received payment and we and/or our
payment partner(s) have screened the order(s) incase of fraud. It is your
responsibility to provide us with an email address which is not @ the domain(s)
you are signing up under. If there is ever an abuse issue or we need to contact
you, the primary email address on file will be used for this purpose. It is your
responsibility to ensure the email address on file is current or up to date at
all times. Providing false contact information of any kind may result in the
termination of your account.
2.) Content
All services provided by ControlBD may only be used for lawful purposes. Laws of
the Government of Bangladesh.
The customer agrees to indemnify and hold harmless ControlBD from any claims
resulting from the use of our services.
Use of our services to infringe upon any copyright or trademark is prohibited.
This includes but is not limited to unauthorized copying of music, books,
photographs, or any other copyrighted work. The offer of sale of any counterfeit
merchandise of a trademark holder will result in the immediate termination of
your account. If you believe that your copyright or trademark is being infringed
upon, please email abuse@controlbd.com with the information required. A list of
required information may be found here. If the request is of a licensing issue,
we may require further documentation.
Examples of unacceptable material on all Servers accounts include:
IRC Bots, Proxy Scripts / Anonymizers, Pirated Software / Warez, ".img" / image
hosting only sites that do not host an actual domain name, Escrow, High-Yield
Interest Programs(HYIP) or related sites, Investment sites (FOREX, egold
exchange), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs,
Prime Banks Programs, lottery sites, muds / rpg's, hate sites, hacker focused
sites/archives/programs, or sites promoting illegal activities, IP Scanners,
Brute Force Programs, Mail Bombers and Spam Scripts.
We reserve the right to refuse service to anyone. Any material that, in our
judgment, is obscene or threatening is prohibited and will be removed from our
servers with or without notice.
Failure to respond to email from our abuse department within 48 hours may result
in the suspension or termination of your services. All abuse issues must be
dealt with via email and will have a response within 48 hours.
If in doubt regarding the acceptability of your site or service, please contact
us at abuse@controlbd.com and we will be happy to assist you.
Potential harm to minors is strictly forbidden, including but not limited to
child pornography or content perceived to be child pornography.
Any account found to host child pornography or linking to child pornography will
be suspended immediately without notice.
If we find any kind of these your hosting account will be terminated with or
without notice.
Violations will be reported to the appropriate law enforcement agency.
It is your responsibility to ensure that scripts/programs installed under your
account are secure and permissions of directories are set properly, regardless
of installation method. When at all possible, set permissions on most
directories to 755 or as restrictive as possible. Users are ultimately
responsible for all actions taken under their account. This includes the
compromise of credentials such as username and password. It is required that you
use a secure password. If a weak password is used, your account may be suspended
until you agree to use a more secure password. Audits may be done to prevent
weak passwords from being used. If an audit is performed, and your password is
found to be weak, we will notify you and allow time for you to change/update
your password.
3.) Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail, bulk
emailing, and spam. "Safe lists" and "double opt-in" will be treated as spam.
Any user who sends out spam will have their account terminated with or without
notice.
Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This
provision includes, but is not limited to SPAM sent via fax, 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.
ControlBD 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.
ControlBD reserves the right to charge the holder of the account used to send
any unsolicited e-mail a clean up fee. This cost of the clean up fee is entirely
at the discretion of ControlBD.
4.) Payment Information
You agree to supply appropriate payment for the services received from
ControlBD, in advance of the time period during which such services are
provided. You agree that until and unless you notify ControlBD of your desire to
cancel any or all services received, those services will be billed on a
recurring basis.
Cancellations must be done in writing via the cancellation form provided. Once
we receive your cancellation and have confirmed all necessary information with
you via e-mail, we will inform you that your account has been canceled. At this
time, your account with us has been canceled. If you do not hear back from us or
receive an e-mail confirming this cancellation, please contact us immediately.
As a client of ControlBD, it is your responsibility to ensure that your payment
information is up to date, and that all invoices are paid on time. ControlBD
provides a 10 day grace period from the time the invoice is due and when it must
be paid. Any invoice that is overdue for 10 days and not paid will result in a
late fee and/or an account suspension until account balance has been paid in
full.
ControlBD reserves the right to change the monthly payment amount and any other
charges at anytime.
5.) Backups, Refund and Data Loss
Your use of the service is at your sole risk. ControlBD is not responsible for
files and/or data residing on your account. ControlBD will not be responsible if
there is any Data loss issue occurs due to any kind of events which is beyond
our control, such as Natural disaster, Hard disk failure, Data center incident.
You agree to take full responsibility for files and data transferred and to
maintain all appropriate backup of files and data stored on ControlBD servers.
Money refund prohibited if the above situation occurs which is not caused by our
side/ beyond our control.
6.) Cancellations
ControlBD reserves the right to cancel the account at any time with or without
notice.
Violations of the Terms of Service will waive the refund policy.
7a.) Resource Usage
User may not:
a) Use 25% or more of system resources for longer then 90 seconds. There are
numerous activities that could cause such problems; these include: CGI scripts,
FTP, PHP, HTTP, etc.
b) Run stand-alone, unattended server-side processes at any point in time on the
server. This includes any and all daemons, such as IRCD.
c) Run any software that interfaces with an IRC (Internet Relay Chat) network.
d) Run any bit torrent application, tracker, or client. Please note that you may
link to torrents off server, but may not host or store them.
e) Participate in any file-sharing/peer-to-peer activities
f) Run any gaming servers such as counter-strike, half-life, battlefield1492,
etc
g) Run cron entries with intervals of less than 15 minutes
When using PHP include functions for including a local file, include the local
file rather than the URL. Instead of include("http://yourdomain.
7b.) INODES
The use of more then 50,000 INODES will result in account suspension. Accounts
found exceeding 50,000 INODES will not be backed up on our backup servers. A
INODE is the actual file or directory and not the size of that file or
directory. For example your index.html file is 1 INODE. A directory called
homework is counted as 1 INODE as well.
8.) 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.
9.) Uptime Guarantee
If your server has a physical downtime that is not within the 99.9% uptime you
may receive one month of credit on your account. Approval of the credit is at
the discretion of ControlBD dependant 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 reported uptime from the operating system
of the server which may differ from the uptime reported by individual services.
10.) Price Change
The amount you pay for hosting will may increase from the date of purchase. We
reserve the right to change prices listed on ControlBD, and the right to
increase the amount of resources given to plans at any time.
11a.) Indemnification
Customer agrees that it shall defend, indemnify, save and hold ControlBD
harmless from any and all demands, liabilities, losses, costs and claims,
including reasonable attorney's fees asserted against ControlBD, 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 ControlBD against liabilities arising out of; (1) any injury to person
or property caused by any products sold or otherwise distributed in connection
with ControlBD; (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 ControlBD's
server.
11b.) Arbitration
By using any ControlBD services, you agree to binding arbitration. If any
disputes or claims arise against ControlBD or its subsidiaries, such disputes
will be handled by an arbitrator of ControlBD's choice. All decisions rendered
by that arbitrator will be binding and final. You are also responsible for any
and all costs related to such arbitration.
12.) Disclaimer
ControlBD shall not be responsible for any damages your business may suffer.
ControlBD makes no warranties of any kind, expressed or implied for services we
provide. ControlBD disclaims any warranty or merchantability or fitness for a
particular purpose. This includes loss of data resulting from delays, no
deliveries, wrong delivery, and any and all service interruptions caused by
ControlBD and its employees.
13.) Disclosure to law enforcement
ControlBD 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.
15.) Changes to the TOS
ControlBD reserves the right to revise its policies at any time without notice.