BAPort - Acceptable Use Policy/Terms of Service

This AUP/TOS (Acceptable Use Policy/Terms of Service) is for B.A. Port's Linux Shared and Dedicated Hosting Services.

B.A. Port reserves the right to change this Policy any time, so please, check this page at least once a month or when in doubt.

B.A. Port strives to provide the best possible service to all our clients, but we will not tolerate any unlawful activity or abuse on our servers or network. We respect freedom of speech and expression unless it is harmful to others. These brief guidelines are imposed to protect you, other B.A. Port customers and us against such harm.

SPAM Policy:

B.A. Port is committed to a zero-tolerance, anti-Spamming policy. Under this policy, we prohibit Spam, or any unsolicited commercial email, from being sent either: Over the B.A. Port network, by customers or any other users of the B.A. Port network (including customers' customers); AND/OR over ANY network— if the message sent advertises or mentions a site hosted on the B.A. Port server.

We react quickly and seriously to violations, and we further reserve the right to terminate the services, without prior notice, of any customer violating this policy. Sending unsolicited commercial email (a.k.a. "spam"), cross-posting messages to a large number of Usenet groups, posting obscene or threatening messages while using or referring to an B.A. Port hosted site email address or web site URL is prohibited. The use of B.A. Port servers as a mail drop for responses to activities described above is also prohibited. Accounts canceled due to Spam will be billed a "clean up" fee of $500.

If you have any complaints or comments regarding Spam on our network, please direct them via email to Abuse

Content Policy:

All services provided by B.A. Port 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, County, Municipality or City law is prohibited. This includes, but is not limited to: copyrighted material, trademark, intellectual property, material we judge to be threatening or obscene, or material protected by trade secret and other statute without proper authorization. The subscriber agrees to indemnify and hold harmless B.A. Port from any claims resulting from the use of the service that damages or may damage B.A. Port, the subscriber or any other party.

Also prohibited are sites that promote any illegal activity or present content that may be damaging to B.A. Port servers or any other server on the Internet. Links to such materials are also prohibited.

Examples of unacceptable content or links:

Pirated software
Hacker programs or archives
Warez sites
Adult or child pornography
On-line Game Playing

B.A. Port does not host sites of its competitors or web pages promoting sites of its competitors.

Any illegal activity, spamming, hacking or excessive usuage of server resources will result in your site being shut down and all your files deleted without warning.

B.A. Port will be the sole arbiter as to what constitutes a violation of this provision.

Email Policy:

B.A. Port may not be the source, intermediary, or destination address involved in the transmission of any unsolicited email, email bombs, hate email, or any mass email. Your email account may not be referenced as originator, intermediary, or reply-to address of such email. We consider mass email any email message sent to more than 250 email addresses or more than 10 news groups in a single "send" function.

CGI & PHP Scripts/Forums Policy:

Each account comes with its own cgi-bin and PHP and a large compliment of CGI and PHP scripts you are free to use at your discretion. You are free to use any CGI and PHP scripts you wish, however we reserve the right to disable any CGI or PHP script or forum software that effects normal server operation or service to other B.A. Port customers.

If the offending software causes major stress on any server, we will, without warning, suspend your account. No chat room or similar scripts are allowed except those we provide in your control panel. Forums are limited to vBulletin and PhpBB Forums ONLY. ANy UBB or YaBB, etc. boards are NOT TOLERATED.

Subhosting Policy:

Subhosting (hosting more than one web site with a single B.A. Port user account) is not allowed on B.A. Port servers. This would include sub-domains or unused accounts as part of your hosting package. In the event you do not use all of your accounts included in your hosting package, you are not permitted to sell or resell those accounts.

Traffic Policy:

B.A. Port allows for very generous traffic. Most sites never exceed 2 GB per month. B.A. Port does not permit you to use your hosting package for mirror sites or any site whose primary sole purpose is file distribution. B.A. Port customers are discouraged from storing any files that cause excessive traffic on B.A. Port servers. Please contact B.A. Port Technical Support team for more information.

We reserve the right to refuse service to anyone for any reason not prohibited by law. We reserve the right to terminate service to any customer for any reason not prohibited by law.

Any deliberate attempt to cause damage to B.A. Port or any other Internet servers will result in immediate account deactivation without prior notice. No refund is given in this case.

We reserve the right to charge additional fees for extremely high bandwidth sites (over 2GB of transfer per month). We will give 48 hours notice to resolve high bandwidth issues.

You may not use B.A. Port servers or networks for purposes of hacking, cracking, port scanning or any other illegal security break in activities.

Indemnification Policy:

You agree to use all B.A. Port services and facilities at your own risk. B.A. Port specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall B.A. Port 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 B.A. Port harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against B.A. Port, its agents, its customers, partners, 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 B.A. Port against liabilities arising out of;

(1) any injury to person or property caused by any products sold or otherwise distributed in connection with B.A. Port’s server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customer from B.A. Port’s server.

B.A. Port shall be the sole judge of what violates this Policy.

Support Policy:

Client agrees to use the Support Help Desk software provided for all technical support issues, including "mission critical" problems.

B.A. Port only offers telephone support to Linux web hosting clients for mission critical issues, which includes server down, network down, provided software down and other failures that are preventing “normal” website functions.

Payment Policies, Fees, and Term of Agreement:

Full payment in advance is required before any hosting service is rendered. All payments are made via our electronic commerce system vendor, 2checkout.

No bills or invoices will be sent by email, postal mail or fax. Prepayment is due each month following the date the account was established. Via our merchant account at 2checkout, your credit card is billed each month on the sign up anniversary date.

You may cancel at anytime, with 30 days prior notice. As a policy, we do not offer credits or refunds. All monetary transactions are in $ US dollars. Additional features can be added at any time. Monthly feature prices are not prorated. B.A. Port reserves the right to change prices at any time.

NOTE: B.A. Port charges a $25.00 fee for returned electronic checks and a $50 fee for credit card charge backs.

This agreement can be cancelled at anytime with 30 days written notice to B.A. Port. To cancel your account, please read these instructions.

Uptime Guarantee:

If our servers are not up 99.5% of the time during your first 30 days of hosting we will gladly refund your hosting fees and cancel your account. Just go to our cancellation page and follow our cancellation instructions. Be sure and mention that you would like a refund based on our 99.5% Uptime Guarantee.

Linux Web Site Hosting Resellers:

You provide sales, support and billing to your customers. We do not bill your customers. We bill you for the domain, bandwidth and space, and then you them for your services. We support you. You support your customers.

We can only allow you to be a reseller if you are paying by credit card

Actual or attempted violations of policy by a reseller's end user shall be considered violations of the policy by the reseller regardless of intention and will be acted upon accordingly

Your customers are given a limited amount of bandwidth transfer and if we feel that one of your customers are using up more bandwidth transfer than allocated or are taking up too much of the CPU usage then we will need to pass some of the extra cost on to you and you will need to pass it on to your customer. You will need to put that in your terms and conditions for the hosting

You agree that neither you nor your customers can hold us responsible for services that you offer

Your customers must abide by the same terms and conditions as you do, or we have the right to cancel any of your reseller accounts

If you abuse our services, we reserve the right to cancel your account, which will also cancel your customers’ accounts

We do not extend the 30-day guarantee to your customers. If you choose to offer that service, you do so at your own cost.

Contact Us:

Contact us at

with any policy or administration questions you may have.