Bama's Best provides services to view and use products, services, and other materials made available over the Internet
(Content). By its nature, the Internet is designed to permit the expression of a wide variety of commercial and
non-commercial messages, as well as purchase and use products, services, and other items. However, the Internet
is not owned or controlled by any one entity. Bama's Best can not, and does not, monitor or control any Content,
including its customer's Content. Use of the Internet, as a provider Content, or as a user of it, requires a high
level of individual judgment. By accessing the Internet, you assume the risk that Content available through Bama's
Best's services may be inaccurate, offensive, illegal or otherwise unsuitable to your individual tastes, and/or
needs. Bama's Best can not, and will not, accept responsibility for injury that results from this Content, even
if that Content may be legally actionable.
To balance the often competing issues that the nature of the Internet creates, Bama's Best has created this
Acceptable Use Policy (AUP). This AUP governs the use of the services provided by Bama's Best, its customers, visitors
to Bama's Best's web sites, and visitors to customer's web sites (all such collectively referred to as "End
Users"). It is a part of each customer's agreement with Bama's Best and is incorporated by this reference.
While this AUP is designed to facilitate open and free use of the Internet, and balance issues presented by that
use, Bama's Best may take actions based on this AUP that in its sole opinion are in its best business interests,
regardless of whether the use itself is legal.
In particular, Bama's Best encourages prospective customers to carefully review sections of this AUP covering
E-Mail/SPAM, Intellectual Property Violations, and Security. A thorough review of those sections, and the entire
AUP, may help avoid creating issues under it that will cause Bama's Best to take action, up to, and including,
termination of a customer's account.
Customers violate this AUP when they or End Users engage in activities prohibited by it. It is a customer's responsibility
and contractual obligation to ensure that End Users comply with this AUP. Bama's Best expects that customers will
cooperate with it in the enforcement and administration of this AUP. A customer's failure to do so is a violation
of their contract.
2. Conduct
2.1 Lawful Use
Bama's Best's services may be used for lawful purposes only. Customers and End Users may not use Bama's Best's
services to directly facilitate the violation of any particular law or regulation. Use of Bama's Best's services
is governed by the laws of the United States, regardless of the physical location of the Customer or End User.
2.2 Other Acceptable Use Policies
When using Bama's Best to connect to other systems, our customers must respect any acceptable use policies, terms
of service, terms and conditions or similar restrictions placed on their use by the owners of those systems.
3. Accountability
Any use of a customer's account, server, or any other service provided by Bama's Best will be considered use by
the individual or entity set out in Bama's Best's records as the owner, or principal contact. This individual or
entity will be held responsible for all contractual obligations including violations of this AUP. The security
of a customer's systems and account details are the responsibility of the customer. The primary contact is considered
the owner or authorized user of all data using Bama's Best's services.
Bama's Best recommends that customers take steps to ensure that all use of their account and/or server is authorized.
This includes restricting physical access to their computers and networks, logging their use, and ensuring that
their account details (especially passwords) are stored securely. Connecting a computer to the Internet exposes
it to millions of other computers. Bama's Best recommends that customers ensure that their computer is secured
against abuse from the Internet. All security related responsibilities are those of the customer unless otherwise
agreed upon in writing. Computers are configured to facilitate their operation in Bama's Best's network. This configuration
may be less secure than others. Customers are encouraged to review security protocols and ensure that they have
selected the security level fitting their needs. Bama's Best makes no warranties regarding the security of its
network.
The structure and nature of the Internet community changes often. Activities that may at one time have been
considered to be acceptable to the general public, may, over time, become unacceptable. Bama's Best, customers,
and End Users do business in this unstable and unpredictable environment. Bama's Best will attempt to give customers
30 days prior notice of a material change to this AUP. Such a notice will be posted at here
in our Acceptable Use Policy. However, because of the nature of the Internet, Bama's Best reserves the right
to change this AUP without notice. Continued use of Bama's Best's services constitutes acceptance of the most current
version of the AUP.
It is the responsibility of the customer to notify Bama's Best of any changes to their account or contact information.
Bama's Best has no responsibility for communications that are misdirected as a result of customer's failure to
provide Bama's Best with updated contact information.
4. Contacting Bama's Best regarding violation of this AUP
E-mail addresses used to contact Bama's Best are set out within this AUP. Please note, that Bama's Best has created
special addresses for certain types of complaints. Complaints misdirected by an End User may not be responded to.
Complaints submitted to Bama's Best are not confidential and may be forwarded to Bama's Best's customer or law
enforcement, without notice. Bama's Best does not recognize requests that complaints be kept confidential, and
will not honor those requests.
Complaints for which a particular e-mail or other contact address is not specified in this AUP, should be sent
to . Complainants should include as much detail as possible. Relevant E-mails or Usenet
postings (including all headers) and logs, together with references to charters, acceptable use policies and other
supporting evidence should all be included when they are available. Some abuse complaints may not receive a reply
depending on the volume of abuse complaints about that particular issue.
Bama's Best recognizes that it is often expedient to request that Bama's Best take action related to a customer
or End User. However, Bama's Best is not always in the best position to take action. The fact that a particular
activity is prohibited in this AUP does not obligate Bama's Best to take any specific action.
5. Intellectual Property Rights
Customers warrant that their use of Bama's Best's services are authorized, and that they are the lawful owner,
or licensee of Content, placed on, or accessed through those services.
5.1 Copyright Infringement
Bama's Best is registered with the United States Copyright Office pursuant to the Digital Millennium Copyright
Act (DMCA). The DMCA contains very specific criteria setting out what an allegation of copyright infringement must
contain. The criteria are available at http://www.copyright.gov/title17/92chap5.html#512.
Bama's Best is not required to respond to notices that do not fall within these criteria. Please review them carefully.
Under Federal Law, you may be subject to heavy civil penalties if you misrepresent your copyright interest in a
DMCA complaint.
5.2 Other Intellectual Property Infringement
Customers, and End Users, may not engage in activity that infringes or misappropriates the intellectual property
rights of others. This includes but is not limited to, trademarks, service marks, trade secrets, software piracy
and patents. Complaints about such activity by customers or End Users may be directed to .
6. Certain Content Restrictions
Bama's Best does not knowingly host sites containing Child Pornography, Child Erotica or Bestiality. For the purposes
of this AUP, Bama's Best does not distinguish between Child Pornography, and Child Erotica, and both are collectively
referred to as Child Pornography. Customers and End Users are prohibited from using Bama's Best's services to disseminate
or access Child Pornography and Bestiality. Bama's Best is required by law to report the use of its services to
disseminate or display Child Pornography and Bestiality. Bama's Best actively cooperates with law enforcement in
their efforts to prosecute violations of U.S. statutes restricting Child Pornography and Bestiality, and will do
so without informing customers or End Users.
Child Pornography and/or Bestiality complaints may be directed to .
Further information about child pornography may be found at www.ncmec.org
7. U.S. Export and Import Laws
Customers and End Users may not use Bama's Best's services to engage in a violation of U.S. export and import control
laws. Violation of these laws may include selling products that may be legal to sell in the U.S., but illegal to
export; or legal to sell in one country, and illegal to sell in the U.S.. Customers may not use Bama's Best's services
to provide services to End Users with whom U.S. citizens may not do business.
Bama's Best owns IP numbers and addresses assigned to customers. Bama's Best may, in its sole discretion, change
these numbers. These numbers may not be transferred to another provider.
10. Subpoenas and Other Requests for Information
Law enforcement agencies who seek information about Bama's Best's customers, and/or their use of Bama's Best's
services, are required to submit a subpoena, or other similar document, pursuant to which Bama's Best is required
by law to produce this information (Subpoena). Unless specifically required by law and so clearly communicated
to Bama's Best, the Subpoena will be transmitted to Bama's Best's customer.
Civil demands for information, such as discovery requests and similar demands (Civil Demands), must be part of
a filed and pending litigation matter. Responses to Civil Demands are at Bama's Best's discretion. Responses are
subject to a response fee of $250 per hour. Bama's Best does not honor requests from civil litigants to limit or
to pre-approve response expenses. Civil litigants are encouraged to contact Bama's Best prior to serving Civil
Demands in order to minimize their expense.
Address for Subpoenas and Civil Demands:
Bama's Best
965 Walnut Bend Rd
Arlington, TN 38002
11. Security
11.1 Unauthorized Access
Under no circumstances may Bama's Best's systems be used to gain access or deny access to a system or attempt to
gain or attempt to deny access to a system without the permission of the system's owners (or rightful users).
11.2 Denial of Service (DoS)
A Denial of Service (DoS) attack is designed to disproportionately consume the resources of a system
in order to reduce its ability to serve its function.
Under no circumstances may Bama's Best's systems be used in DoS attacks.
11.3 Probes and Scans
11.3.1 Definitions
Probe
A probe is a connection made to a computer in order to determine if it has a security vulnerability (for
example, testing a mail relay to see if it allows third party relay). This also includes un-authorized security
testing of any system or network.
Port-Scan
A port scan is making multiple attempts to connect to a computer on different ports in order to determine
the services it provides.
Sweep
A sweep is a series of attempts to connect to multiple network addresses in order to determine whether they
are in-use, providing a specific service or to map a network's topology.
Spoofing Spoofing is faking the details of a connection in order to make it appear to come from a different computer,
organization or individual without their permission.
11.3.2 Prohibition of Probes, Port-Scans, Sweeps and Spoofing
Probes, port-scans, sweeps and spoofing of systems without the express permission of the owners of those systems
is prohibited, and may be reported to law enforcement agencies.
Bama's Best reserves the right to use probes, port-scans, sweeps and spoofing on any system connected to the Bama's
Best network in the course of performing security assessments and threat management.
11.3.3 Virus/Worm/Trojan Infections and Distribution
Virus infections are the responsibility of the customer and must be rectified as soon as possible. Bama's Best
reserves the right to disconnect an infected customer if damage to other servers or third parties cannot be avoided
otherwise. Notification will be sent if a disconnection is necessary, but there may be no delay between notification
and disconnection.
12. E-Mail
12.1 E-mail/Spam
Generally
The Internet is a robust source for communication between individuals and entities. Bama's Best supports the use
of E-mail for legitimate communications in a manner that is generally accepted. The use of E-mail for unsolicited
bulk E-mails is not generally accepted. The use of Bama's Best's services to transmit this type of E-mail is specifically
prohibited by this AUP. While differences of opinion may exist on what type of E-mail communication constitutes
unsolicited bulk E-mail, or SPAM, Bama's Best's customers and End Users are required to abide by the definitions
and restrictions in this AUP, regardless of whether a particular type of E-mail communication is permissible by
law or other regulation.
12.1.1 Definitions
Bulk (or Broadcast) E-mail Bulk E-mail is sending of substantively similar E-mails to more than 20 E-mail addresses.
Commercial E-mail Commercial E-mail is any E-mail message, the primary purpose of which, is the commercial advertisement or
promotion of a commercial product or service, including Content on a web site, which is operated for a commercial
purpose, or which has as its primary goal, a commercial purpose.
12.1.2 Bama's Best's services may not be used to send UBE and UCE (a.k.a. spam)
Bama's Best's systems may not be used to send Unsolicited Bulk E-mails (UBE) or Unsolicited Commercial E-mails
(UCE).
Customers or others acting on their behalf may not send UBE or UCE promoting or advertising domain names, URIs or E-mail addresses hosted by Bama's Best.
See RFC2635 for more information on spam.
12.1.3 Other Commercial Announcements
Neither customers nor End Users may post any commercial advertisement on any public bulletin board system or web
site unless it is expressly allowed on that system or web site. Complaints will be handled the in the same
manner as UBE and UCE complaints.
12.1.4 Bulk Mailing Bulk Mailing Through Bama's Best.net
Bama's Best's mail servers are the only servers designed to send Bulk E-mail using the mailing list system that
may be part of the subscribers account. Sending Bulk (or Broadcast) E-mail through or from any Bama's Best owned
server, that is not expressly designed to handle mailing lists, is strictly prohibited. This specifically includes
but is not limited to Bama's Best web servers running any operating system or combination of server software. Violations
of this policy may lead to sanctions permanently or temporarily inhibiting the ability to send any mail from those
servers or total account termination at Bama's Best's sole discretion.
12.2 Mail Bombing Mail Bombing is sending more than 10 substantively similar E-mails to the same recipient in any 24-hour
period.
Bama's Best's systems may not be used to engage in Mail Bombing.
13. Usenet
Usenet is a distributed hierarchy of publicly accessible forums primarily defined by RFC1036.
13.1 Usenet Spam
13.1.1 Definitions
Cross-Posting Cross posting is posting a single Usenet message that is marked as appearing in multiple newsgroups.
Multi-Posting Multi-posting is repeatedly posting identical or substantively similar messages. Multi-posting is considered
bad because each copy of a multi-posting must be separately distributed across Usenet, whereas a cross-posted message
need only be transferred once (even though it appears in multiple newsgroups).
Briedbart Index
In order to quantify how bad a multi-posted or cross-posted message is the Briedbart index is used.
If during any 45 day period, a series of substantively similar messages are posted, the first cross-posted to n1
groups, the second to n2 groups, the third to n3 groups, etc. The Briedbart index of that series of postings
is calculated as the sum of the square roots of n1, n2, n3, etc.
Excessive Multi-Posting (EMP)
Any series of substantively similar postings with a Briedbart index greater than 20 constitutes Excessive Multi-Posting
(EMP).
13.1.2 Prohibition of EMP
Bama's Best's systems may not be used for EMP. Customers or others acting on their behalf may not engage in EMP
promoting or advertising domain names, URIs or E-mail
addresses hosted by Bama's Best.
13.2 Off-Topic Posts
13.2.1 Definitions
Charter
Many newsgroups have charters which place restrictions on what messages may be posted to them. Charters
can be searched for here: http://www.faqs.org/faqs/faqsearch.html.
Off-topic
Where a charter exists for a newsgroup, a message posted to it which violates that charter is off-topic.
13.2.2 Prohibition of Off-Topic Posts
Bama's Best's systems may not be used to post off-topic messages. Customers or others acting on their behalf may
not post off-topic messages promoting or advertising domain names, URIs
or E-mail addresses hosted by us is also prohibited.
14. Prohibited Services & Protocols
14.1 IRC
IRC related programs, including, but not limited to, clients, bots, and servers, may not be run using Bama's Best's
services. No connections to IRC or IRC-like servers or hosts may be made from Bama's Best's services.
14.2 Multicast
Customers may not make use of the multicast protocol unless they have a written and signed exemption to this rule
from Bama's Best. Customers using the multicast protocol without prior written authorization will be billed up
to $500 per hour that multicast is used.
14.3 Open Proxies
Customers may not make use of proxy servers that are not protected by a username and/or password or restricted
to specific IP addresses to make indirect network connections to other network services. This includes, but is
not limited to, SOCKS proxies, Web proxies, Network address translation (NAT) proxies, Web-based proxy servers
and open SMTP relays.
15. Consequences
Bama's Best expressly reserves the right to suspend or terminate, without notice, all services for any customer
who violates our terms and conditions. The sub-sections in this section are only presented as a guide to how complaints
are normally handled. Complaints about any violation or unacceptable activity may lead to suspension or termination
of any service or services offered by Bama's Best. No refunds are provided for services terminated because of any
violations of this AUP.
If practical, we will contact the customer (either by telephone or E-mail) before any action is taken. Where
Bama's Best believes that that the violation was accidental or will not be repeated, Bama's Best may, at its discretion,
choose to re-enable services. In these circumstances Bama's Best may also place restrictions or further conditions
on the customers use of Bama's Best's systems, require a formal undertaking from them regarding their future conduct
or require payment to cover costs incurred by Bama's Best in dealing with the abuse incident.
In certain circumstances, Bama's Best may suspend a customer's services in the interests of preventing further
abuse while Bama's Best investigates.
15.1 Consequences of UBE and UCE Complaints
UBE and UCE are a total violation of a customer's contract, and will be dealt with firmly by Bama's Best. Since
it is true that complaints do come in about UBE or UCE and the complainant is actually a valid subscriber there
is an allowance as follows: The responsibility lies on the customer to make sure their mailing lists are kept up
to date and clean of all non-subscribers. Even responded to warnings under section 15.1.1 below will count against
the total for subsequent sections following 15.1.1.
15.1.1 Two or More Complaints in One 24 Hour Period
If UBE or UCE generates two or more complaints in one 24-hour period the customer will be notified of those complaints
with copies of the reported E-mails. This one chance will be given to cease this activity, secure the system from
relaying/abuse, or unsubscribe those who filed the complaints.
15.1.2 Five or More Complaints in Three Consecutive 24 Hour Periods
If UBE or UCE generates five or more complaints in three 24-hour periods service will be suspended for ten
days. The customer will be notified of those complaints with copies of the reported E-mails. It will be the responsibility
of the customer to request reconnection when the ten day suspension period has expired. A reconnection fee, equivalent
to the a normal account/service set-up fee, will apply.
15.1.3 Eight or More Complaints in Five Consecutive 24 Hour Periods
If UBE or UCE generates eight or more complaints in five consecutive 24-hour periods the account will be terminated
immediately. Notification will be sent after services are terminated.
15.1.4 Complaints Regarding Open Relays or Open Proxies
If UBE or UCE complaints indicate an open relay or open proxy or Bama's Best discovers an open relay or open proxy
through the course of business the customer will be notified after services are suspended. Restoration of
service will require written acknowledgement of the reason for suspension and either:
1) An indication that the security issue will be remedied including how this will be achieved; or
2) The customer pays Bama's Best to remedy the security issue on the customer's behalf.
15.1.5 If Any Portion of Our Network is Blocked or 'Blacklisted' by a Third Party
If any services consumed by a customer, or that customer's subscribers, is found to be the cause for any part of
Bama's Best's network being blocked or 'blacklisted' by any third party in any way, Bama's Best reserves the right
to terminate some or all services offered by Bama's Best without notice. It is the responsibility of all customers
to be sure they and their subscribers are not abusing our network and causing service problems for other Bama's
Best customers.
(C) 2008 bamasbest.com - Affordable web hosting - Outstanding support! All rights reserved.
All copyright and trademark violations will be prosecuted to maximum extent allowed
under law.
Pricing, service availability and specifics are subject to change at any time. All prices are in USD.
Any and all E-mail address(es) listed on this site may not be used for any marketing purposes and may not be 'harvested'.
Terms of Service 
