This is an agreement between you and Banana Hosting regarding your use of Banana Hosting’s computer, interactive information, communication and server management service. This Agreement governs the terms and conditions under which Banana Hosting makes the services offered by Banana Hosting available to individual consumers through a personal computer or similar access, or to individual consumers or small businesses in connection with the ” Banana Hosting ” webhosting or similar services. Under this Agreement, you must comply with Banana Hosting’s then current “Acceptable Use Policy,” as updated from time to time by Banana Hosting, which can be viewed here.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
1. Banana Hosting will host an account for you, the purchaser (hereafter referred to as the Account Holder), for the Account Holder’s chosen domain name, for the period of time (the Term) corresponding with the payment plan chosen by the Account Holder. This contract will be automatically renewed at the end of the Term and each successive renewal term, unless terminated. There are no refunds on a la carte services, dedicated servers or server colocation.
2. Banana Hosting’s services are provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. Banana Hosting expressly disclaims any representation or warranty that the Banana Hosting services will be error-free, secure or uninterrupted. No oral advice or written information given by Banana Hosting, its employees, licensors of the like, will create a warranty; nor may you rely on any such information or advice. The terms of this Section will survive any termination of this Agreement.
3. The Virtual Web Server Internet account and/or related electronic services can only be used for legal purposes under all applicable international, federal, provincial, and municipal laws. Further, the Account Holder agrees not to store, transmit, link to, advertise or make available any images containing pornography, graphic violence or death. Violations of these or any other provisions of this Agreement may result in termination of the services provided by Banana Hosting, with or without the grant of a notice or cure period, such notice or cure period to be granted at the sole discretion of Banana Hosting based upon the severity of the violation. Banana Hosting reserves the right to refuse service if any of the content within, or any links from, the Account Holder’s website is deemed illegal, misleading, or obscene, or is otherwise in breach of Banana Hosting’s then current Acceptable Use Policy, in the sole and absolute opinion of Banana Hosting. Notwithstanding anything in this Agreement, the content of the Account Holder’s website is the sole responsibility of the Account Holder. The Account Holder agrees to indemnify and hold harmless Banana Hosting from any and all claims, losses, damages, liabilities, judgments, or settlements, including reasonable attorney’s fees, costs, and other expenses incurred by Banana Hosting, (collectively, Claims) related to or in connection with the content of the Account Holder’s website. The terms of this Section will survive any termination of this Agreement.
4. Account Holder acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to the Account Holder. Account Holder is aware that Banana Hosting reserves the right to change the specified rates and charges from time to time.
5. The Account Holder agrees to follow generally accepted rules of “Netiquette” when sending e-mail messages or posting to newsgroups. Account Holder is responsible for security of its password. Banana Hosting will not change passwords to any account without proof of identification, which is satisfactory to Banana Hosting, which may include written authorization with signature. In the event of any partnership break-up, divorce or other legal problems that includes Account Holder, Account Holder understands that Banana Hosting will remain neutral and may put the account on hold until the situation has been resolved. Under no circumstances will Banana Hosting be liable for any losses incurred by Account Holder during this time of determination of ownership, or otherwise. The Account Holder agrees to indemnify and hold harmless Banana Hosting from any and all Claims arising from such ownership disputes. The terms of this Section will survive any termination of this Agreement.
6. The Account Holder agrees not to harm Banana Hosting, its reputation, computer systems, programming and/or other persons using Banana Hosting’s services. Banana Hosting reserves the right to select the server for Account Holder’s website for best performance. The Account Holder understands that the services provided by Banana Hosting are provided on a shared server. This means that one website cannot be permitted to overwhelm the server with heavy CPU usage, for example from the use of highly active CGI scripts or chat scripts. If the Account Holder’s website overwhelms the server and causes complaints from other users, the Account Holder has outgrown the realm of shared servers, and will need to relocate it’s website. Banana Hosting will refund any unused portion of prepaid services. If the Account Holder refuses to comply with this Section, then Banana Hosting has the right to terminate the services provided to the Account Holder without any refunds of the unused portion prepaid by the Account Holder. The Account Holder agrees to indemnify and hold harmless Banana Hosting and any other Account Holder from any and all Claims resulting from the Account Holder’s use of the services provided by Banana Hosting The terms of this Section will survive any termination of this Agreement.
7. The Account Holder’s rights and privileges under this Agreement cannot be sold or transferred without the prior written consent of Banana Hosting.
8. If the Account Holder sells or resells advertising or webspace to a third party then the Account Holder will be responsible for the contents of that advertising and the actions of that third party. Banana Hosting has the absolute right to reject any advertising or other third party content that is illegal, offensive or otherwise in breach of the then current Banana Hosting Acceptable Use Policy. The e-mail distribution by the Account Holder of “SPAM”, “JUNK MAIL”, or “UNSOLICITED COMMERCIAL E-MAIL”, is expressly prohibited. If the Account Holder refuses to remove any advertising or other third party content deemed objectionable by Banana Hosting, Banana Hosting may terminate the services being provided to the Account Holder.
9. Banana Hosting will use its best efforts to maintain a full time Internet presence for the Account Holder. The Account Holder hereby acknowledges that the network may, at various time intervals, be down due, but not restricted to, utility interruption, equipment failure, natural disaster, acts of God, or human error. In no event shall Banana Hosting be liable to the Account Holder for any damages resulting from or related to any failure or delay of Banana Hosting in providing access to the Internet under this Agreement. In no event shall Banana Hosting be liable to the Account Holder for any indirect, special or consequential damages or lost profits arising out of or related to this Agreement or the performance or breach thereof. The aggregate, total liability of Banana Hosting under this Agreement, if any, shall in no event or circumstance exceed the total amount actually paid by the Account Holder hereunder. The terms of this Section will survive any termination of this Agreement.
10. This Agreement applies to all accounts, sub-accounts, and alternative account names associated with your principal account. The Account Holder is responsible for the use of each account, whether used under any name or by any person, and for ensuring full compliance with this Agreement by all users of that account. A Banana Hosting account may not be transferred without prior written approval from Banana Hosting. The Account Holder is responsible for maintaining the confidentiality of his/her password. In the event of a breach of security through the Account Holder’s account, the Account Holder will be liable for any unauthorized use of the Banana Hosting services, including any damages resulting therefrom, until the Account Holder notifies Banana Hosting’s customer service.
11. If Banana Hosting assigns the Account Holder an Internet Protocol address in connection with the Account Holder’s use of the Banana Hosting services, the right to use that Internet Protocol address will remain with and belong only to Banana Hosting, and the Account Holder will have no right to use that Internet Protocol address except as allowed by Banana Hosting in its sole and absolute discretion.
12. This Agreement constitutes the entire agreement between the Account Holder and Banana Hosting with respect to the Banana Hosting services and supersedes all prior agreements between the Account Holder and Banana Hosting. Banana Hosting’s failure to enforce any provision of this Agreement shall not be construed as a waiver of any provision or right. In the event that a portion of this Agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. The terms of this Section will survive any termination of this Agreement.
13. The parties shall attempt to resolve all disputes arising out of this Agreement in a spirit of cooperation and with a problem-solving mindset, without formal proceedings. Any dispute, which cannot be so resolved, shall be subject to binding arbitration upon the written demand of either party. Arbitration shall take place in the UK or Cyprus. Should any legal action permissible under this Agreement be instituted to enforce the terms and conditions of this Agreement, in particular the right to collect money due on unpaid invoices, the prevailing party shall be entitled to recover reasonable attorney’s fees and expenses incurred at both the trial and appellate levels. The terms of this Section will survive any termination of this Agreement.
14. The Account Holder agrees to indemnify and hold Banana Hosting harmless from any and all Claims resulting from or connected with any activities conducted by the Account Holder. The Account Holder and Banana Hosting will promptly notify the other upon receipt of any Claim or legal action arising out of activities conducted pursuant to this Agreement. The rights and responsibilities established in this paragraph will survive any termination of this Agreement.
15. Banana Hosting may include the Account Holder’s name and contact information in directories of Banana Hosting service subscribers for the purpose promoting the use of the services by additional potential clients. However, Banana Hosting is not authorized to print the Account Holder’s name, trademarks or other identifying information in any other advertising or promotional materials without the prior written consent of the Account Holder.
16. The interpretation and enforcement of this Agreement shall be governed according the laws of the EU and the national laws of UK and Cyprus applicable therein. The Account Holder hereby consents to personal jurisdiction in the federal and provincial courts of UK or Cyprus for any action arising out of or relating to the Account Holder’s use of the Banana Hosting services. In any such action, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney’s fees. The terms of this Section will survive any termination of this Agreement.
17. Notices required by this Agreement shall be in writing and shall be delivered either by personal delivery or by mail. If delivered by mail, notices shall be sent by any express mail service; or by certified or registered mail, return receipt requested; with all postage and charges prepaid. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, or as specified by subsequent written notice delivered by the party whose address has changed.
18. Because the Internet is a global communication tool, and we have clients from nearly every country in the world it is difficult to dictate what is considered “adult material.” However, it is not our function to discriminate against those who choose to utilize adult content or adult related material. This being said, there are still several reasons why Banana Hosting has been forced to create its no adult sites policy for its virtual server users.
19. Virtual account holders can receive a refund if account is cancelled within the initial 30 days after sign up. If the account holder cancels after the time period specified, there will be no refund given.
20. Banana Hosting may temporarily deny service or terminate this Agreement upon the failure of Account Holder to pay charges when they become due. Such termination or denial will not relieve the Account Holder of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
21. If an account holder’s account becomes overdue, the account will be suspended.
22. If an account holder charges back for services rendered, a $50.00 charge back fee will be added to the amount charged back by the customer.
23. If an account holder’s account is overdue for 90 days, the account will be handed over to an outside collection agency. At that time the account holder will incur a $50.00 collection fee added to the balance previously due.
24. All accounts are subject to verification by our Billing Department.
25. Terms of Verification: We must be able to verify your account within 24 hours of signup. Verification for EU/US citizens can be done by phone. If we cannot verify your account within 24 hours, the account will be suspended until verified.
26. Check/Money Order Payments.
A. New accounts utilizing check/money order payment will not be activated until payment is received.
B. Returned checks will incur a $50 worthless check fee. Any account holder who incurs a worthless check fee will be required to pay all future payments via money order or cashier’s check.
C. Customers utilizing check/money order payment must have their check or money order payment to us within 10 days of their rebill date. Failure to do so will result in account suspension.
D. International customers that wish to utilize the check/money order payment option must pay via International Money Order and payments must be received within 10 days of their rebill date. Failure to do so will result in account suspension.
27. Billing Information: All account billing information including email and phone, must be valid at all times for the account to remain active. If the billing information provided is inaccurate, 24-hour notice is given to update the information before account suspension. If the account holder is not available by phone (foreign accounts) or no alternate contact email address is given, account will be suspended immediately.
28. You agree that Banana Hosting may establish limits concerning use of any Banana Hosting service offered on any Banana Hosting web site, including without limitation the maximum number of days that e-mail messages will be retained by any Banana Hosting service, the maximum number of e-mail messages that may be sent from or received by an account on any Banana Hosting service, the maximum size of an e-mail message that may be sent from or received by an account on any Banana Hosting service, the maximum disk space that will be allotted on Banana Hosting’s servers on your behalf either cumulatively or for any particular service. You agree that Banana Hosting has no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by any Banana Hosting service. You acknowledge that the features, parameters (for example, the amount of storage available to users) or existence of any Banana Hosting service may change at any time.
What does Banana Hosting consider “Adult Material?”
Any site whose revenue is gained in part or whole from its adult content.
Photos or videos showing frontal nudity on either men or women for non-scientific or non-artistic purposes.
Photos or videos showing graphic violence, death or dismemberment.
Photos or videos showing graphic violence or death.
Websites containing information or affiliation of known or suspected terrorist organizations.
Revenue-generating hyperlinks to sites who violate policy #1.
Why does Banana Hosting have this policy?
Bandwidth and Resources
A virtual server is a shared environment where many servers reside on each particular machine. This being said, consider that an average “adult site” gets more hits than 100 standard websites. Some of the smaller adult sites get around 5 GB of transfer per day. With these types of resources being utilized, our servers would be severely slowed if we allowed these high traffic sites to also reside on our servers. On top of that, we would be forced to raise our prices to pay for the additional bandwidth. We strive to keep our servers fast and inexpensive, and our bandwidth clear; therefore, adult sites are not an option.
Banana Hosting reserves the right to decide what it considers “adult content”, “adult material”, “sexually explicit”, or “sexually related”. Let us know if you are unsure of the approval of your site before placing an order.
