Terms of Service
1. Interpretation
1.1 Definitions
Unless otherwise stated, the following definitions apply to this document:
- "we", "us", and "our" are references to Blue44;
- "you", "your" and "customer" are references to the person paying for services from Blue44 Studios having entered into this agreement;
- "services" are web hosting, domain registration, email and other services or facility provided by us to you; - "server" is the computer equipment operated by us in connection to the services provided;
- "order" means a request made by the customer to us for services to be supplied subject to these conditions;
- "charges" are the charges payable by the customer for the provision of services details of which can be found on http://www.blue44.com and may vary from time to time.
1.2 Include
The words "include" and "including" are to be construed without limitation.
1.3 Headings
The headings in this document are for convenience only and shall not affect the interpretation of these conditions.
2. Ordering Process
2.1 Order Acceptance
We have not accepted a customer application/order until account setup and you receive the "Welcome Email" including all details specific to your account. Until this time, we reserve the right to refuse, cancel or reject any order made by the customer. In such cases, a full refund will be made using the same method as payment was originally made.
3. Refunds
3.1 Money Back Guarantee
3.1.1 Customers are entitled to a full refund within 7 days of the initial order being placed. This will be issued in the same method as originally used by the customer. Cases involving offline methods of payment (i.e. check, money order, etc.) will be refunded using a personal check or other online method.
3.1.2 The 15 day money back guarantee does not apply and will not be issued if more than 50% of allocated data transfer has already been used on the web hosting account. This money back guarantee does not apply to domain name registrations or if the account has breached these terms and conditions prior to cancellation.
3.2 Refund Processing Time
All refunds, though in compliance with Clause 3.1.1 and 3.1.2, can take 6-8 weeks (business days) to process. Patience is encouraged during this period of time as your entitled refund will be delivered to you as soon as processing is complete. Credit Card refunds are processed through 2checkout and all other methods are handled via PayPal. To check the status of a refund, submit a ticket to the Billing Department.
3.3 Account Cancellations
After the 15 day introduction period, no refunds will be issued for account cancellations on a monthly payment schedule. Accounts on a yearly payment schedule will not have refunds issued once the 15 day introduction period expires. If cancellation of the account is caused by the customer breaching these terms and conditions, no refund will be issued. No refunds are issued for domain registrations.
4. Misuse
4.1 Spam/Unsolicited Mass E-mail
The sending of Unsolicited Commercial Email (SPAM) through our servers promoting any website or through third party servers promoting a website hosted by us can result in the suspension and/or termination of the customers web hosting account without refund. Mailing lists may be operated as long as individuals choose to subscribe to receive mailings and the mailing list software in use is that provided in our supplied control panels. Any complaints received are taken seriously and will be investigated.
4.2 Chat Rooms
Only the chat room scripts provided for the customer in their control panel are allowed on our server. Any other scripts found will be disabled and the account suspended.
4.3 Account Use
Under no circumstances must our servers be used for the hosting of, reference to or linking to any of the following:
4.3.1 nudity, pornography, anything of a sexual, lewd, or obscene nature;
4.3.2 violations of any copyright or any other right of any third party;
4.3.3 threatening, abusive, harassing, defamatory statements;
4.3.4 promotion of illegal activities (hacking, cracking, etc);
4.3.5 information or software containing or about any kind of virus;
4.3.6 hate speech or hate propaganda;
4.3.7 the collection of personal information for illegal purposes;
4.3.8 content deemed by us at our sole discretion to be harmful to us;
4.3.9 any kind of terrorism or terror;
4.4 Banned scripts
We do not allow the use of the following scripts on our servers. Violation of this will result in immediate suspension and removal of all pertaining files:
- UltimateBBS
- IkonBoard
- CGI/Perl version of YABB
- Proxy scripts
- IRC scripts
- Anonymizer
- Chat rooms not included as standard in the cPanel
- phpShell and similar command execution scripts
- FormMail (versions prior to 1.91)
5. Billing
5.1 Payment Schedules
The customer agrees to supply appropriate payment for the services received from us in advance of the time period during which such services are provided.
5.2 Invoices
All invoices will be sent via email. Customers are required to pay their invoices within 5 days (for monthly payments).
5.3 Bank Charges
Customers are responsible for the provision of sufficient funds in their account and we will not be held responsible for any charges incurred as a result of overdrawing of the bank account or credit card or as a result of failed transactions.
5.4 Suspension
We reserve the right to suspend any account after 5 working days have passed without due payment being received. Any added time for payment will be at our sole discretion.
5.5 Currencies
All invoices and payments are processed in United States Dollars [USD] ($) with conversions will be made by the credit card company of the customer. Prices shown in any other currencies on this website or other promotional material is to be treated as a guide only and may be inaccurate due to changes in the exchange rates. All non-U.S. customers are advised to check amounts using accurate recent exchange rates before ordering.
6. Backups
6.1 Regularity and Policy
Backups are made by us each day on an incremental basis and each week on a full basis, however, no guarantee's are made of any kind as to the integrity of these backups. Backup measures are in place to assist in the event of hardware failure warranting a full system restore and no data can be obtained from backups on a single account basis. All customers are strongly advised to regularly download their own backups from their control panel where a zipped archive is provided daily of all account files and databases.
7. Resource Use
7.1 CPU & Memory
All accounts are monitored for their use of server resources. If any account is using a high amount of server resources we will contact the customer to discuss the issue with them. In serious cases where an account is using a considerably large amount of system resources (memory, CPU etc.) the account may be suspended or script disabled without notice to maintain smooth operation of the server.
7.2 Data Transfer and Web space Allocations
Customers can request a package upgrade or temporary resource increase at the costs available to view on our website at http://www.blue44.com. It is the sole responsibility of the customer to contact us in advance of requiring extra resources to prevent account suspension. In some cases, accounts are automatically suspended when their resource limits have been reached and manual unsuspension is required by us.
8. Customer Responsibility
8.1 Contact Information
The customer is responsible for keeping their contact details up to date. We cannot be held responsible for communication mix-ups as a direct result of the customers failure to update their details. Changes in information should be emailed to infochange[at]blue44.com. (Replace [at] with @).
8.2 Sensitive Data
Customers are responsible for keeping their usernames, passwords and other sensitive data safe. If a breach is suspected, the customer is required to request a change of login details by contacting support staff.
9. Contact Procedure
9.1 If a breach of these terms and conditions is found we will, at our sole discretion, determine whether it is a serious or minor breach. If a serious breach of these terms is found we reserve the right to suspend the account(s) of the customer in question or disable any part of the account before contacting them. We will however make an attempt to contact the customer prior to suspension in the event of a minor breach using the email address we have on record for your account. If no reply is received within 3 days we will escalate the status of the breach to a serious breach and may suspend the account(s).
10. Limitation of Liability & General Terms
10.1 We are not responsible for any claimed damages, which may result from our servers going offline, or being unavailable for any reason. This includes damages that may result from the corruption or deletion of data. The customer agrees to indemnify and hold us and our employees harmless from any claims, damages, including but not limited to consequential damages resulting from the use of the service which damages the customer or any other party.
10.2 We will cooperate fully with investigations of violation of systems or network security at other sites and will cooperate with law enforcement authorities in the investigation of possible criminal violations. Customers who violate these terms may incur in criminal or civil liability.
10.3 We will be the sole arbiter as to what constitutes a violation of these terms and conditions. The failure by a customer to meet or follow any of the above terms and conditions is grounds for account suspension or deactivation.
11. Modification
11.1 We reserve the right to add, delete, or modify these Terms and Conditions, our hosting packages, prices and website at any time with notice provided via http://www.blue44.com and announcements in our forum and/or customer control panel(s). All customers are encouraged to check this document at least once a month to ensure they are aware of any changes.
Any questions concerning the above stated terms and conditions should be e-mailed to us before ordering.
Postal correspondence should be addressed to:
Blue44 Studios, UK.
R8E,
Cheney Student Village,
Cheney Lane.,
Oxford.
OX3 0BD
United Kingdom
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