For the purposes of these terms, any entity that utilizes services offered by Bernal Web Services will be referred to as Client. By utilizing any services offered by Bernal Web Services, the Client agrees to the terms listed on this page.
Payment, Cancellation and Refund Policies
Hosting and Service Fees - Hosting accounts are set up on a pre-pay basis. Within 20 days of ordering, clients may cancel the account for a refund of hosting charges. Clients also may cancel their account at any time for a pro-rated refund of hosting fees for unused time during the month they cancelled. Domain Registration fees are non-refundable. All payment is in U.S. currency.
Design and Programming Fees - Clients will be charged on a per hour basis for work on their web site, graphic design, programming, video production, audio production, and other media services provided. The hourly rate is outlined in the clients' chosen service "package". Clients may request to change to any available service package that is currently published on the Bernal Web Services website: http://www.bernalwebservices.com. Package change requests must be made in written form to Bernal Web Services either by email, mail or fax. Package change requests must include account ID and contact name. Charges for each hour and fraction hour of work are non-refundable. All payment is in U.S. currency.
Payment - Bernal Web Services will request payment for services in the form of an invoice. Clients will have 20 days from the date an invoice is issued to submit payment. If payment is not received or submitted by the due date listed on the invoice, service will be discontinued until payment is received. To re-establish service Clients must pay their entire account balance, plus a late fee equal to 10% of their entire account balance.
Service Cancellation - Cancellation requests must be made in written form to Bernal Web Services either by email, mail, or fax. Cancellation requests must include account ID and contact name.
Specific Acceptable Use Policies
Server abuse - Any attempt to undermine or cause harm to a server, or client, of Bernal Web Services is strictly prohibited.
Unauthorized use of other people's accounts or computers - We will strongly react to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include "internet scamming" (tricking other people into releasing their passwords), password robbery, security hole scanning etc. Any unauthorized use of accounts or computers by a Bernal Web Services client, whether or not the attacked account or computer belongs to Bernal Web Services, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack.
Terms of Data Transfer - Data Transfer limits for our hosting plans are listed on our web site at http://www.bernalwebservices.com. Any client who exceeds this limit will first be notified by Bernal Web Services to resolve the situation. No additional data transfer charges will be made by Bernal Web Services without prior notice to the client.
Spamming - Our servers may not be the source, intermediary, or destination address involved in the transmission of spam, flames, or mail bombs. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. Spamming on other servers which in turn contain links to a domain on our network is prohibited. We consider spam any mass unsolicited message in the mediums of Newsgroups and E-mail. If you are found to have spammed, we will contact you to resolve the situation. If it is a severe case then we will immediately, without warning, disable your domain until the situation is resolved. We reserve the right to refuse or cancel service to known spammers. Lastly, we reserve the right to determine what violates this policy. As such, any violation will result in immediate deactivation of services without refund. In addition any site selling or promoting bulk e-mail services is not allowed.
Background Running Programs - 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.
CGI Scripts - Each Bernal Web Services account comes fully equipped with its own pre-configured CGI-BIN. Clients are free to use any CGI-Scripts provided with their account or add any additional ones they require. Any CGI-Scripts deemed to be adversely affecting the server performance or the network integrity may be shut down without prior notice. CGI Script sharing with domains not hosted by Bernal Web Services is not allowed.
Server Resources - Any web site that uses a high amount of server resources (such as, but not limited to CPU Time, Memory Usage, and Network Resources) will be given an option of either upgrading their service level or reducing the resource used to an acceptable level.
IRC - We do not allow IRC or IRC bots to be operated on our servers.
Refusal of Service
Bernal Web Services reserves the right at its sole discretion to refuse or cancel service. Violation of any Rules and Regulations could result in a warning, suspension, or possible account termination. Accounts terminated due to policy violations will not be refunded.
Client agrees that it shall defend, indemnify, save and hold Bernal Web Services harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Bernal Web Services its agents, its clients, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by client, it's agents, employees or assigns. Client agrees to defend, indemnify and hold harmless Bernal Web Services against liabilities arising out of; (1) any injury to person or property caused by any products sold or distributed in association with Bernal Web Service's services; (2) any material supplied by client infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to client from Bernal Web Service's services.
Bernal Web Services will not be responsible for any damages your business may suffer. Bernal Web Services makes no warranties of any kind, expressed or implied for services we provide. Bernal Web Services 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 Bernal Web Services and its employees. Bernal Web Services reserves the right to revise its policies at any time. Failure to follow any terms and conditions may result in account deactivation.
Revised September 23, 2009