There are no hidden fee’s so if you are searching for them in small print, just a head’s up.

Use of BINAIR-eHosting’s Service constitutes acceptance and agreement to BINAIR-eHosting’s AUP (Acceptable Use Policy) as well as BINAIR-eHosting’s TOS (Terms of Service). From herewith in this TOS, AUP, and SLA, the usage of “us”, “we”, “our”, “ours” shall constitute reference to BINAIR-eHosting, the usage of “you”, “your”, “they”, “them” shall refer to client / customer of BINAIR-eHosting.

Acceptance of Contractual Agreement

1. Client agrees that by placing an order either by means of electronic ordering (web order form) or submitting a written contract, and receipt of such order by BINAIR-eHosting, that you are agreeing to our TOS, AUP, and SLA. No Modifications of said contract by customer is allowed.

2. BINAIR-eHosting will provide, and Customer will purchase and pay for, the Services, and service fees specified in the Order for the applicable Service Description. Customer acknowledges that the service, and service fees have been communicated to the customer, and that they are aware of all applicable charges as per contract, AUP, SLA, and TOS. Customer also understands that any promotional offers unless specified in contractual terms will not be applicable to their individual service.

3. In connection with any Hosting Services, if Customer's actual bandwidth usage in any month exceeds allotted amount, specified in Customer's contract, Customer will pay BINAIR-eHosting any additional fees as specified in the Service Description within three (3) days of invoicing period. Any BW overage bill not paid within three (3) days of invoicing will be subject the server and services to suspension.

What may not be hosted on our network:

-Warez
-IRC
-Child pornography
-Copyrighted media, includes but not limited to: Video, Music, TV, Radio
-Hacking tools / material
-Anything that may harm us, the server, or anyone else (mentally, physically)
-Sites using high httpd, mysql, massive e-mail sending or any other thing to make server overload
-Forum with using heavy database and large amount members.
*We keep the right to remove or suspend account which has one of above stuffs without any prior notice.

We do not allow any kind of THREAT, ABUSIVE and BAD WORDS on live chat with our sales or techs or on trouble tickets.
*We keep the right to remove or suspend account which has one of above stuffs without any prior notice.

Resource Abuse Policy (RAP)
Any website on our shared servers that uses a high amount of server resources (CPU, memory usage, and network resources) will be given an option to pay for a dedicated server. The abuse and misuse of system resources is a serious problem, and BINAIR-eHosting does not tolerate it. Accounts on a shared server must be shared with other users, so we must limit how much of the CPU and memory that can be used by any one account.

In all fairness, we cannot allow one or two clients to use all of the system resources on a shared machine and have all other clients suffer because of it. Excessive CPU & memory usage by one or more clients causes extreme slowness in all areas: MySQL, Email, HTTP and more. If the CPU & memory usage by a few clients gets out of hand, all sites hosted on the machine will return errors and not be accessible in any way.

AVERAGE SERVER RESOURCE LIMITS
Memory usage may not exceed 10% per domain/file/application
CPU usage may not exceed 20% per domain/file/application
Apache connections may not exceed 30 connections
15 MySQL maximum user connections allowed
100 emails per hour, per domain

There are special exceptions to these rules to be determined at the time we discover abuse. There are different combinations of usage that can create problems and other special cases. At any given time a server is unstable and an account is found to be the cause, we reserve the right to suspend the account to keep the server online and operating normally. If the usage is an increasing trend, we recommend the user invest in a dedicated server so the website can grow at a normal rate without restriction.

Network Uptime is the total time in a calendar month that BINAIR-eHosting network is available through the Internet, provided that Client has established connectivity. BINAIR-eHosting takes responsibility for Network availability within their network, however, we cannot be held liable for upstream problems, outside of our network. Our guarantee is that our Network will be available to clients free of Network Outages, that render 100% packet loss, 99% of each calendar month

Network Outages or Unscheduled Downtime is any unplanned or unscheduled interruption in Service availability during which Client is unable to access the services as described in the section titled “Network Uptime” above. A Network Outage is defined as a period in which 100% packet loss to our network is experienced, which is determined to have been caused by a problem in BINAIR-eHosting’s Network as confirmed by BINAIR-eHosting. Downtime or outages are measured as the total length of time of the unplanned interruption in service availability in a calendar month.

Scheduled Downtime is any BINAIR-eHosting scheduled interruption of Services, for the purpose of network upgrades, or replacement of any equipment in order to provide for you better service. Scheduled downtime occurs during notified downtime periods, with as much advance warning as possible via e-mail with a minimum of 12- 24 hours notice.

SLA Network Violation Credit

http://www.binair-e.com/hosting-sla

· Performance Credit exclusions: The following are excluded from the monthly calculation of Service Availability: · Scheduled downtime · Problems outside of BINAIR-eHosting’s network (upstream providers, or client’s inbound connection) not effecting 100% loss to our network · Interruptions or failure of individual service caused by client, their employees, client’s customers, etc. to their service. These include inaccurate configuration, 3rd party software, client abuse or over utilization of resources, hacked servers, attacks, exploits, server hardware failures or other users on server to cause the server to overload which may cause downtime. We will do our best to remove such offenders immediately

Payment:
Establishment of this service is contingent upon receipt of payment from Customer to BINAIR-eHosting. Subsequent payments are due on the anniversary date of the month for that month’s service, unless customer requests all monthly payments to be consolidated to one specific billing date. Any additional services relative to a primary hosting account, will be prorated to the primary hosting account’s monthly recurring billing date, along the following guidelines of prorating methodology: (total monthly fees/ 30) * number of days to monthly recurring billing cycle. Any setup fees will be charged full setup fee pricing, and are applied at time of initial request of such services.

Payments and Fees:
Payment is due on the defined monthly recurring billing date of each month. Credit cards that are declined for any reason are subject to a $10.00 declination fee. Service will be interrupted on accounts that reach 10 days past due. Service interrupted for nonpayment is subject to a $200.00 reconnect charge. Accounts not paid by due date are subject to a $7.95 late fee. Accounts that are not collectable by BINAIR-eHosting will be turned over to an outside agency for collection. If your account is turned over for collection, you agree to pay the company a “Processing and Collection” Fee of not less than Fifty ($50.00) nor more than One Hundred, Fifty ($150.00)

Server payment issues;
The date you ordered your server is called your Server Payment Date(SPD). Server payments strictly to be paid on SPD. Your first payment is always a recurring payment which will be charged at the same date next month. In case of payment could not be charged that you will have notification e-mail to your registered contact e-mail. You will need to respond and inform BINAIR-eHosting about your payment situation in 48 hours after notification mail date and time. BINAIR-eHosting keeps the right shut down server after 48 hours notification mail sent. Unresponded notification mails will triger termination progress and this is another 48 hours. BINAIR-eHosting is no more reponsible by your server in termination progress. If you wish to save your server in termination progress there will be service charge as $50 to get back your server online. To prevent our server from payment issues please make sure that you have enough funds available to charge by BINAIR-eHosting at your payment date. Please simply keep in touch with BINAIR-eHosting about payment issues.

Add Ons (extra Ram, HDD, Uplink...etc)  payment should be upon order, we keep the right to remove part or disable the server for unpaid add ons.

Delinquent Accounts:
BINAIR-eHosting may temporarily deny service or terminate this Agreement upon failure of Customer to pay charges when due. Such termination or denial will not relieve Customer of responsibility for the payment of all accrued service fees, or any collection fees.

Delinquent Reseller Accounts:
Should your reseller account become delinquent, and payment not made to BINAIR-eHosting, resulting in a suspension of service you will have 48 hours to make restitution for the delinquent balance. Any account left unpaid after 48 hours of suspension and reseller not contacting the BINAIR-eHosting billing department to resolve the issue will allow for the reseller's client to be able to purchase the server directly, and assume financial responsibility from that point forward. The balance must be paid entirely by the client prior to lifting the service suspension. Resellers shall not hold BINAIR-eHosting responsible for failure to appropriately pay their invoices in a timely manor set forth in your original contracts.

Backup files:
BINAIR-eHosting offers daily backup but client is full responsability abuot files and databases. We are not responsability if we can have any issue abuot server (hdd failure, fresh os installation and any other unexpected issues)

Upgrading Reseller Package:
Good news!!! You could upgrade your reseller plans anytime.
If you are upgrading your reseller package first 2 weeks after your last payment; reseller will pay the difference of the next package and will have a new subscription at next payment date for th last package. If you upgrade your reseller package after 2 weeks of your last payment; reseller must pay new package price and start to using it with new date. Old subscriptions are subject to cancel after new one achieved.

Account Cancellation:
All requests for canceling any service / services must be made in writing with at least 15 days notice but not more than 30 days prior written via email to binairehosting@gmail.com. Include your domain name, last name on credit card in your email.
For Dedicated Servers : First month payment (including Setup fee if there is) is NON REFUNDABLE

Refunds and Disputes:
All payments to BINAIR-eHosting are nonrefundable. This includes any setup fees and monthly fees regardless of usage. All billing disputes must be reported within 30 days of the time the dispute occurred. Disputed charges to your credit card issuer, also known as charge backs, in BINAIR-eHosting’s discretion which is valid, under the terms and conditions of our SLA, AUP, and TOS, will result in service interruption, and reconnection fees to restore the desired service.

14 Day money back Guarantee:
All shared hosting, reseller hosting, and windows hosting plans come with a 14 day money back promise. If for whatever reason we fail to satisfy your needs and are within 14 days we will fully refund your money all we ask is you give us a reason so this will help us improve as a company. Dedicated Servers do not fall under this policy due to the labor involved in setting them up and also cost.


Dedicated Server Restore:
BINAIR-eHosting is not responsible for the restoration of data to server. We strongly recommend that your purchase backup options for your server, and keep copies of your data off-site with you for emergency purposes. If hardware failure and data loss occurs, you the client are responsible for data restoration. BINAIR-eHosting shall not be liable for loss of data under any circumstance.

Hardware replacement will occur within 1 - 8 hours of the reported problem, BINAIR-eHosting will refund 5% of the monthly fee per additional 8 hours of down time (up to 100% of customer's monthly fee). In order to reduce replacement hardware downtime, we keep a small quantity of pre-built systems on hand to swap out Hard disks, so that your server can be back up in the shortest amount of time. For Hard disk failures, we keep pre-installed drives with our standard partitioning for immediate deployment. In order to request an SLA hardware violation credit, you must email sales, within 10 days of reported violation, using our contact form and please select "Hosting - SLA" in Category menu option. SLA violations will be reviewed by our personnel Monday - Friday 9AM to 5PM EST. *Hardware SLA violations do not cover network violation*.

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