Engineer BD Network provides web hosting, domain registration and virtual private server services to clients worldwide, and we have a responsibility to protect each client and to provide the best services available. All clients who use services of Engineer BD Network are subject to the following terms of service.
You agree to use all Engineer BD Network services and facilities at your own risk. Engineer BD Network specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall Engineer BD Network be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold Engineer BD Network harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Engineer BD Network, 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, it’s agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Engineer BD Network against liabilities arising out of: Any injury, damage or loss to a person or property caused by any products sold or otherwise distributed in connection with Engineer BD Network’s server. Engineer BD Network reserves the right to intervene with any of the sites hosted on its servers in the interest of its customers. Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party Copyright infringement any defective products sold to customer from Engineer BD Network’s server. Engineer BD Network shall be the sole judge of what violates this Policy.
Billing, Cancellation and Refund Policy
As a customer of Engineer BD Network you agree to submit or supply a payment for the rendered services in advance, on the billing date set by Engineer BD Network. By default these services will be billed on a recurring basis (if recurring payment option was chosen during registration or renewal of the appropriate hosting package, vps or dedicated server package, domain name, SSL Certificate package or any others services). You must notify Engineer BD Network at least 10 days before the next automated renewal date if you wish to cancel the recurring payments without any further recurring charges (Engineer BD Network shall not be held responsible for recurring automated payment if notified less than 10 days before the next subscription payment date, and this payment will not be refunded).
Free Domain Offer:
If a Hosting package offered by Engineer BD Network comes with a Free domain name, then this free domain name is only for first time registration only under these circumstances:
Free domains with .net, .com, .biz, .info and .org extensions are renewed for 1 year period.
Cancellations and refunds:
Engineer BD Network provides a 10 day money back guarantee for new account registrations (refunds for renewed accounts are not available) under these following conditions:
Subscribers may cancel the account at any time. All subscribers who cancel the accounts after 30 days of the initial payment are not subject to a full refund and all such requests will be denied.
Subscribers who wish to cancel the account have to contact Engineer BD Network from the “Support” in their client’s area with a cancellation request. Such cancellation request will be revised by Engineer BD Network staff members and then a final confirmation to cancel the account will be sent. Account cancellation will be processed only when the final confirmation from the subscriber will be sent (initial cancellation request will not be held as a final confirmation under any circumstance for security reasons).
If a confirmation to cancel the account is not sent by the subscriber, then the account cancellation will not be processed and the account will remain active. Any active subscriptions will be left intact.
After the account is canceled, no further billing on the account will be made. All files, settings and any other information related to the subscriber account will be removed from Engineer BD Network servers.
If a subscriber issues a chargeback before following the regular cancellation procedure, Engineer BD Network reserves a full right to disable the respectable account instantly for security reasons. If the subscriber wishes to reactivate the respectable account, he will be held responsible for any and all billing service fees which may arise while handling the chargeback. The fees for Engineer BD Network subscribers are fixed to ৳4,000/= for each chargeback he has issued.
Engineer BD Network uses PayPal, Dutch Bangla Bank Ltd., Bkash, Bank Asia Limited, Direct Deposit, Master Card(Local & International) and Walletmix payment processors. Clients may submit a payment with a valid credit or debit card or by using the balance of his/her PayPal account. Engineer BD Network accepts payments from Verified and from Unverified PayPal accounts, which generally means that the client may either use the funds on the credit / debit card attached to PayPal (verified PayPal) or the balance on his PayPal account (Unverified) to submit the payment for the services provided by Engineer BD Network. Please mind that The funds on client Unverified PayPal account will need to be converted from any other currency to US dollar currency prior to submitting a payment.
Fraudulent Payment Policy:
If a payment on a client account is marked as fraudulent (such payments are reversed on the payment gateway), then Engineer BD Network reserves the full right to stop any service provided to the client (including other accounts and other payments submitted by the same client) until the issues with the payment are solved. If the client refuses to solve issues with the payment which is marked as fraudulent Engineer BD Network reserves the full right to delete all accounts and stop payment subscriptions provided to the client without any refund for security reasons.
Late Payment Policy:
All accounts are billed according to the dates they were first activated on. Services which are not renewed timely, after the renewal date they will be disabled or suspended. If the service is not renewed in 5 day period for vps/dedicated server & 10 day period for shared/reseller hosting after the renewal date set on the services, then it will be terminated and all files will be removed. Subscriber will receive notifications if there is any action to be taken on his respectable account.
Account Access Policy:
When a client registers any type of account with Engineer BD Network, the client will be held liable for the client identification information that is provided: a) Name and Surname of the Client b) Client Address c) Company details d) e-mail address. Engineer BD Network will assume all of this information is provided correctly and may use this information to contact the client if such need arises. Some of the information on the account will be generated automatically (username, password, payment ID’s). Client may access the account at any time if he has access to the initial e-mail account that he used to register the account on Engineer BD Network. If the client claims that he has no access to the respectable e-mail account and that he has no way to recover the password set on the account, he will need to provide us with the last payment date and payment ID’s on which the payments were made, as well as full client name (name and surname), and full client address set on the respectable account.
Client acknowledges and accepts this procedure and access policy and agrees not to bring any claim of a lawsuit against Engineer BD Network arising out of this said policy and procedure. Engineer BD Network will not be held liable for any damage or liability that may have arise out of following policy and procedure.
In the event when there is more than one person claiming rights to the same account, who may or have provided the information which may provide them access to the respectable account following the Engineer BD Network policy and procedures, then Engineer BD Network is not obligated to provide access to any of the parties. Also, Engineer BD Network is not obligated to solve any kind of such disputes and may solely decide who to provide access to according to internal information and historical data that may have been collected about the user, based on the usage on the respectable account.
Engineer BD Network will not share any of it’s client personal information to any third parties not related to Engineer BD Network. Some of the client data may be forwarded on the following exceptions:
Certain services provided by Engineer BD Network are resold. Thus, certain equipment, routing, software, and programming used by Engineer BD Network are not directly owned or written by Engineer BD Network. Engineer BD Network shall not be responsible for any changes in services provided by a 3rd party provider, also will not be held liable for any damage or loss which may arise from service disruption provided by a 3rd party provider. Engineer BD Network will show highest interest to make sure that that services provided by a 3rd party are running smoothly and correctly, and will contact the 3rd party provider when changes or fixes are needed, however the time needed for any fix or alteration will not be decided by Engineer BD Network and Engineer BD Network will not be held liable for any fixes or alterations to be performed on a product provided by a 3rd party in a definite time frame.
“Unlimited” Usage Policy:
Engineer BD Network offers some of it’s hosting packages with “Unlimited” amount of resources for specific options (disk drive space, bandwidth, domains per account, and others listed in the features page). This means that Engineer BD Network will not set a specific cap for these resources and client will be able to use these resources as needed, however Engineer BD Network does use a fair usage policy which applies to all accounts. Engineer BD Network Fair Usage Policy implies that if the client uses the resources of the shared server to the extent where he is negatively affecting other users hosted on the same server, the resources may be capped or in some cases, but not necessarily, respectable account may be disabled before client upgrades his account to a package more suitable for his needs or fixes the issues so the resource usage on his account stops to negatively affect other users on the same shared server.
By the term “Unlimited Space” Engineer BD Network means that it will not set a cap on the amount of files the user may host on his account, however the space on the hosting account cannot be used for: Backup storage, Online storage, File sharing services, Movie storage, Photo storage, Software storage, Copyrighted content storage, Illegal, Abusive or Offending file storage, Document Archives or any other type of Archive, File Backups (with the exception of a single cPanel backup generated from your cPanel), log files, etc. Engineer BD Network reserves the right to remove such files from the user account with or without notice to the client. Engineer BD Network also reserves the right to remove any single files larger than 1GB from the user account regardless of the content of the file with or without notice to the client. Engineer BD Network also reserves the right the clean up a user account by removing files which fall under the criteria of files that may not be hosted on Engineer BD Network accounts, if there are more than 300.000 files on a single account, with or without notice to the client. Engineer BD Network also reserves the right to disable the account which holds more than 300.000 files until the relevant shared hosting account is upgraded by the client to a vps service where such limitation is not applied.
Engineer BD Network generates full backups of accounts every 30 days (first day of every month) which are not bigger than 2GB. If the account is bigger than 2GB, Engineer BD Network reserves the right not to generate the backup automatically; however client may generate backups from his cPanel at any time regardless of the account size. Engineer BD Network stores a single automatically generated backup of each account which is up to 30 days old and up to 2GB in size, older automatically generated backups of accounts are not stored. If your hosting service is suspended or terminated & you are looking for a backup copy of your website then if we are able to provide it then you need to pay ৳1,500/= fee for that backup file. However if you renew your hosting service before termination then you will get back your website automatically & no need any extra fee. Engineer BD Network is not liable for any loss of content if the backup has not been generated; it is the client’s sole responsibility to safeguard the account data.
Acceptable Use Policy:
All services provided by Engineer BD Network may 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 or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless Engineer BD Network and its employees from any claims resulting from the use of the service which damages the subscriber or any other party. Our acceptable use policy is actively and strictly enforced. Offending content or users are suspended from our network, usually as soon as they are discovered, although we will always inform you when and why any action has been taken. If you think your site may violate our Terms Of Service, please ask us before signing up for an account so that we may determine if we can host your site. Engineer BD Network reserves the right to determine what is and what isn’t acceptable for our servers. Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company’s liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.
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 content of any description. Content relating to Hacking, Cracking, Warez and IRC is not allowed. Software, audio and video downloads may only be hosted if you are the writer and copyright owner of the resources or you have a right to distribute the materials. Accounts suspended due to content or AUP violation are not refunded under any circumstances.
Clients who own reseller packages are not allowed to provide free (unpaid) hosting services (to avoid server overload and high abuse rate).
Each account comes with its own cgi-bin. Client is free to use any CGI scripts you wish, however Engineer BD Network reserves the right to disable any CGI script that effects normal server operation without prior warning.
Banned Scripts or website types:
The following scripts are banned from use on our servers and may not be uploaded or run. Reasons for banning them include adverse effects on server load, invitations to hackers/spammers/criminal activity, etc. Hosting any type of these sites will result in instant account suspension until the content is removed. On the case that the content was uploaded willingly by the client, Engineer BD Network reserves the right to terminate the account without the possibility of a refund (even if the 30 days have not yet passed on the account). If the content was uploaded by a 3rd party (hackers, abusers which intend to take the client site down), then Engineer BD Network will inform the client about the abusive content. Engineer BD Network also reserves the right to remove such content from user account without prior notification. Banned scripts and website types listed below:
Any kind of abusive content found on our servers should be reported to firstname.lastname@example.org. Engineer BD Network will handle any abuse report with the highest priority and interest. Engineer BD Network will not be held liable for any damage or loss that may have arisen from content uploaded to client accounts or actions performed by scripts on such accounts on our shared or vps servers. Client who is the account owner takes full responsibility of the whole account content and all actions that are performed on the respectable account, also takes full responsibility for any and all of damages or losses that may arise from his account content or actions performed by scripts on his account.
Background Running Programs:
Background daemons on shared hosting accounts in general are prohibited, we will consider requests on a one on one basis. If allowed extra charges will be assessed based on resources on system maintenance needed. Background programs on VPS servers are allowed and do not generate any extra charges in general.
Commercial Advertising and Spam E-mails:
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. SPAM /illegal content advertising sites on other servers which in turn contain links to a domain on our servers is prohibited. We consider spam any mass unsolicited message in the mediums of Newsgroups and Email. If you are found to have spammed, then we will immediately, without warning, disable your domain. In addition, we will impose a $14.850 penalty for each spam policy violation. 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. Server Abuse: Any attempts to undermine or cause harm to a server is strictly prohibited.
LIMITATION OF LIABILITY:
Engineer BD Network shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Engineer BD Network servers going off-line or being unavailable for any reason whatsoever. Furthermore, Engineer BD Network shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Engineer BD Network servers. All damages shall be limited to the immediate termination of service. Violations of these Acceptable Uses Policies should be referred to email@example.com. All complaints will be investigated promptly.
Engineer BD Network intends to provide the best possible web hosting service to each of its clients. Engineer BD Network shows the most interest to use the latest technologies and solutions to make the service provided to the end client the best possible. However, Engineer BD Network cannot be held liable for any system downtime, crashes, or data loss that may happen on the servers. Also, Engineer BD Network will not be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. If any terms or conditions are failed to be followed, the account in question may be automatically deactivated by Engineer BD Network. Engineer BD Network retains the right to change, modify or delete any or all of the above Terms, Policies, Guidelines, and Disclaimer with or without prior notification.