BlueWho\'s Acceptable Use Policy.
BlueWho referred hereinafter as \'BlueWho\', \'our\', \'we\'
and \'us.\'
All accounts on our web servers, including reseller and
resold accounts, are subject to the terms and conditions
described in this document. Under the terms of this
agreement, your placement of information on our servers
is an acknowledgement that you have read, understand,
and agree to be bound by terms and conditions below.
We reserve the right to change this policy at any time
without prior notification. We encourage you to check
here on a regular basis. If you have any questions about
our usage policy please contact
[email protected]
User Conduct
Our services may only be used for lawful purposes - any
use of these services which violates any laws which may
apply to BlueWho, your local jurisdiction, or any
jurisdiction that you or your site may be subject to is
strictly prohibited, it is your responsibility to be
aware of the laws in both the jurisdiction of where our
servers are located (New Jersey, United Sates of
America) and your local jurisdiction.
In particular, while using our services you may not:
- Post or transmit any unlawful, threatening, abusive, defamatory,
obscene, libellous, offensive, pornographic,
indecent, profane, or otherwise objectionable
information of any kind, including without
limitation any transmissions constituting or
encouraging conduct that would constitute a criminal
offence, give rise to civil liability, or otherwise
violate any law.
- Restrict or inhibit any other user from using
and enjoying the Internet.
BlueWho reserves to the right to the final decision
on what constitutes abuse.
Resource Usage, Adult-Oriented Sites
Users may not do the following on our servers:
- Run any process that over uses the resources of the server.
- Run any type of interactive real-time chat
applications that require server resources.
Remotely-hosted services are fully allowed.
- Run stand-alone, unattended server-side
processes at any point in time on the server. This
includes all daemons, such as IRCD.
- Run any IRC software or any software which
connects to an IRC network.
- Run any site with adult-oriented content
(pornographic material) if you are unsure as to what
constitutes Adult material please email
[email protected]
Account Violations
We take a zero tolerance stance against any of the
following activities:
- Spam Policy: Sending of unsolicited e-mail, commonly known as spam.
Any domain which sends out spam will have their
account terminated.
- Denial of Service Attack Policy: Any account
launching a Denial of Service from our server(s)
against any other server will be terminated without
prior notice.
- Server Exploiting Policy: Any account who is
attempting or has attempted to successfully or
unsuccessfully exploit any of the server\'s services,
including but not limited to the http server or ssh
server, or attempting to gain root access will have
their account terminated without notice.
Should one of your resold accounts be invloved in any if
these activities then that domain will be suspended but
your main domain and all other domain you host will
remain active.
BlueWho reserves the right to require changes or disable
as necessary any web site, account, database, or other
component that does not comply with this policy. BlueWho
also reserves the right to make any such modifications
in an emergency at our sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless
BlueWho from any and all liability, penalties, losses,
damages, costs, expenses, attorneys\' fees, causes of
action or claims caused by or resulting indirectly from
your use of the service which damages either you,
BlueWho, or any other party or parties without
limitation or exception.
No warranties
BlueWho makes no warranties or representations of any
kind for the services being offered. The service is
provided on an "as is" and "as available" basis without
warranties of any kind, either express or implied,
including but not limited to warranties of title,
non-infringement, or implied warranties of
merchantability or fitness for a particular purpose. No
advice or information given by BlueWho or its agents or
employees shall create a warranty. Under no
circumstances shall BlueWho be liable for any direct,
indirect, special, punitive, or consequential damages
that result in any way from your use of or inability to
use the service, or for third parties\' use of the
service to access your Web space, or to access the
Internet or any part thereof, or your or any third
parties\' reliance on or use of information, services, or
merchandise provided on or through the service, or that
result from mistakes, omissions, interruptions, deletion
of files, errors, defects, delays in operation or
transmission, or any failure of performance.
You understand that by placing information on
BlueWho\'s servers that such information becomes
available to all Internet users and that BlueWho has no
way of limiting or restricting access to such
information or protecting such information from
copyright infringement. You assume total responsibility
and risk for your use of BlueWho\' servers and the
Internet. It is solely your responsibility to evaluate
the accuracy, completeness, and usefulness of all
opinions, advice, services and other information, and
the quality and merchantability of all merchandise
provided through BlueWho or on the Internet generally.
Your use of the service is at your sole risk. BlueWho is
not responsible for files and data residing on your
account. You agree to take full responsibility for files
and data transferred and to maintain all appropriate
backup of files and data stored on BlueWho servers.
You agree not to interfere with the operation of the
system. You further agree not to interfere with the
proper operation of other systems reachable through the
Internet, including any attempt at unauthorized access.
You agree to adhere to system policies as published by
BlueWho, including restrictions on services available
with each service type, restrictions on certain
features, and all other policies. You agree to abide by
any and all future BlueWho policy decisions.
Sharing of account space & resale restrictions
You agree and understand that the account you purchase
is purchased either for yourself or on behalf of a
client if you are a reseller. You understand that as a
reseller, you are the individual solely responsible for
all use of the account.
Payment & Other Information
You agree to supply appropriate payment for the services
received from BlueWho, in advance of the time period
during which such services are provided. You agree that
until and unless you notify BlueWho of your desire to
cancel any or all services received, those services will
be billed on a recurring basis.
Agreement Acknowledgement
This agreement supersedes any written, electronic, or
oral communication you may have had with BlueWho or any
agent or representative thereof, and constitutes the
complete and total agreement between the parties. Should
any provision of this agreement is determined to be
invalid or unenforceable, all other provisions shall
remain in full force and effect and said provision shall
be reformed only to the extent necessary to make it
enforceable.
By placing and continuing to maintain or place
information on BlueWho\' servers you are stating and
acknowledging that you have read the aforementioned
terms and conditions and that you understand such terms
and conditions and agree to be bound by them.
Backups
Full backups are made daily. No guarantees are made as
to the integrity of these backups. It is the clients
responsibility to maintain local copies of their web
content and information.
Money Back Guarantee
Each reseller plan includes a full 15-days money back
guarantee.
If you are not completely satisfied with our services
within the refund time period of 15 days, you will be
given a full refund of all fees paid to BlueWho. No
refund is available after that period.
Accounts cancelled/terminated by BlueWho for violating
our Acceptable Usage Policy do not qualify for the
15-day money back guarantee. Only first-time accounts
are eligible for a refund. For example, if you\'ve had an
account with us before, cancelled and signed up again,
you will not be eligible for a refund.
Uptime Guarantee
BlueWho guarantee an uptime of 99% in any calendar
month. Should we not reach this we will credit your
account with 100% of your monthly fee, upon receipt of a
refund request.
Cancellation Policy
Account can be cancelled at any time. All cancellation
requests must be submitted by emailing
[email protected] by the person listed as the main
account contact. While there are no cancellation fees,
you must cancel prior to your next billing cycle.
Payments made up to your cancellation date are not
refundable unless you are cancelling within our 15-days
money guarantee period. You must include your account
username and password for verification. |