Terms of Service

IMPORTANT NOTICE: *All Payments To Bihira, L.L.C. Are Non-Refundable*

Bihira, L.L.C. ("The Company") agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).

Use of Bihira, L.L.C. Service constitutes acceptance and agreement to Bihira, L.L.C. TOS (Terms of Service).

All provisions of this contract are subject to the TOS (Terms of Service) of Bihira, L.L.C. The TOS may be changed from time to time at the discretion of the Company.

  1. Disclosure:

    The TOS specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition Bihira, L.L.C. shall have the right to terminate all service set forth in this Agreement.

  2. Service Rates:

    Subscriber acknowledges that the nature of the service furnished and the initial rates have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and services from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.

  3. Payment:

    Establishment of this service is dependent upon receipt by the Company of payment of stated rates. Subsequent payments are due on the anniversary date of the month for that month's service. Subscriber agrees that The Company automatically charges subscriber`s credit card every month. Bihira, L.L.C. reserves the right to process client credit cards from 1 to 7 days before the actual due date to ensure that the funds are received by the due date.

  4. Payments and Fees:

    Credit cards that are declined for any reason may be subject to a declination fee of not less than $1 and not more than $100. Service may be interrupted on accounts that are past due. Service interrupted for nonpayment may be subject to a $25 reconnect charge. Accounts not paid by due date may be subject, at our discretion, to a late fee of not less than $10 and not more than $25. Accounts that are not collectable by Bihira, L.L.C. may be turned over to an outside collection 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 $50 nor more than $500. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.

  5. Refund and Disputes:

    All payments to Bihira, L.L.C. are nonrefundable. This includes the one time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 30 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in Bihira, L.L.C. sole discretion is a valid charge under the provisions of the TOS, you agree to pay Bihira, L.L.C. an "Administrative Fee" of not less than $50 and not more than $500.

  6. Failure to Pay:

    The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.

  7. Cancellation:

    Bihira, L.L.C. reserves the right to cancel this Terms of Service agreement and to permanently disconnect the service that Bihira, L.L.C. provides to the Subscriber hereunder at anytime without further obligation. Subscriber may cancel the service that Bihira, L.L.C. provides to the Subscriber hereunder by requesting cancellation by following the instructions located within our knowledgebase under the category name Billing and within the article title Cancellation at least seven (7) business days prior to Subscriber's next due date. Bihira, L.L.C. will not honor notice of cancellation by any other means. Subscriber must have no invoices due and all information available at the time of such request for said requested cancellation to become effective. It is Subscriber's responsibility to separately confirm that Bihira, L.L.C. has timely received notice of requested cancellation and the service that Bihira, L.L.C. provides has been cancelled.

  8. Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons. Therefore, subscriber agrees that the company shall not be liable for any damages. In no event shall the company be liable for any special or consequential damages, loss or injury.

  9. SPAM and Unsolicited Commercial Email (UCE): Bihira, L.L.C. takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of Bihira, L.L.C. may not use or permit others to use our network to transact in UCE. Customers of Bihira, L.L.C. may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.

    1. Violation of Bihira, L.L.C. SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Bihira, L.L.C. will initiate an immediate investigation. During the investigation, Bihira, L.L.C. may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Bihira, L.L.C. may, at its sole discretion, restrict, suspend or terminate customer's account. Further, Bihira, L.L.C. reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Bihira, L.L.C. will notify law enforcement officials if the violation is believed to be a criminal offense.

    2. First violations of this policy will result in an "Administrative Fee" of $250 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $500 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $100 per hour that Bihira, L.L.C. personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.

  10. Network

    1. IP Address Ownership: If Bihira, L.L.C. assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to Bihira, L.L.C., and Customer shall have no right to use that Internet Protocol address except as permitted by Bihira, L.L.C. in its sole discretion in connection with the Services, during the term of this Agreement. Bihira, L.L.C. shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by Bihira, L.L.C., and Bihira, L.L.C. reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion.

    2. Bandwidth Usage. Bihira, L.L.C. will monitor Customer's bandwidth. Bihira, L.L.C. shall have the right to take corrective action if Customer's usage negatively impacts other clients.

    3. System and Network Security: Users are prohibited from violating or attempting to violate the security of the Bihira, L.L.C. Network. Violations of system or network security may result in civil or criminal liability. Bihira, L.L.C. will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:

      1. Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.

      2. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.

      3. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".

      4. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

      5. Taking any action in order to obtain services to which such User is not entitled.

  11. Notification of Violation:

    1. Bihira, L.L.C. is under no duty to look at each customer's or user's activities to determine if a violation of the TOS has occurred, nor do we assume any responsibility through our TOS to monitor or police Internet-related activities.

    2. First violation: Any User, which Bihira, L.L.C. determines to have violated any element of this Terms of Service, may receive an email, warning them of the violation. The service may be subject at Bihira, L.L.C.'s discretion to a temporary suspension or termination of service.

    3. Second Violation: Users that Bihira, L.L.C. determines to have committed a second violation of any element of this Terms of Service shall be subject to immediate suspension or termination of service without further notice.

  12. Suspension of Service or Cancellation:

    Bihira, L.L.C. reserves the right to suspend network access to any customer if in the judgment of the Bihira, L.L.C. network administrators the customer's server is the source or target of the violation of any of the other terms of the TOS or for any other reason which Bihira, L.L.C. chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's were suspended.

  13. Bihira, L.L.C. reserves the right to amend its policies at any time. Failure to follow any term or condition will be grounds for immediate Cancellation. You will be held responsible for your actions in the matter described on these Terms and conditions.

  14. Indemnification:

    Bihira, L.L.C. wishes to emphasize that in agreeing to the Bihira, L.L.C. Terms of Service (ToS), customer indemnifies Bihira, L.L.C. for any violation of the Terms of Service (ToS) that results in loss to Bihira, L.L.C. or the bringing of any claim against Bihira, L.L.C. by any third-party. This means that if Bihira, L.L.C. is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against Bihira, L.L.C., plus all costs and attorney's fees.

    1. Customer acknowledges that the service provided is of such a nature that service can be interrupted for many different reasons and interruptions can be prolonged due to external or internal events. Therefore, subscriber agrees that the FDC Servers.net shall not be liable for any damages arising from such loss of service for any reason. In no event shall the company be liable for any special or consequential damages, loss or injury.

  15. Miscellaneous Provisions:

    You must provide us with, and keep current, good contact information for you. E-mail, telephone, and address contacts are used, in that order of preference.

    1. A waiver by the Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.

    2. Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation.

    3. Bihira, L.L.C. takes no responsibility for any material input by others and not posted to the Bihira, L.L.C. Network by Bihira, L.L.C.. Bihira, L.L.C. is not responsible for the content of any other websites linked to the Bihira, L.L.C. Network; links are provided as Internet navigation tools only. Bihira, L.L.C. disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.

    4. Bihira, L.L.C. is not responsible for any damages your business may suffer. Bihira, L.L.C. does not make implied or written warranties for any of our services. Bihira, L.L.C. denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Bihira, L.L.C..

  16. Responsibility for Content:

    You, as Bihira, L.L.C.'s customer, are solely responsible for the content stored on and served by your Bihira, L.L.C. server.

  17. Acceptable Usage Policy:

    Subscriber also acknowledges and agrees to the Acceptable Usage Policy.