BluSheet™ Terms of Service.
Last Revised: May 13th 2017
1.) Account Eligibility – A.) By registering for BluSheet service, you warrant that:
- You must be atleast 18 years of age or older. BluSheet’s services are intended solely for said users. Any use of or access to this service, by anyone who is “underaged” in specifications above is unauthorized and in violation of this agreement.
- If you choose to participate in this service in support of another party that you are authorized to adhere such other party to this agreement.
2.) ACCOUNT SETUP / EMAIL ON FILE
The use of services from BluSheet™ here after referred to as “BluSheet™ “constitutes agreement to these terms.
- BluSheet will deploy your account after we have received payment for account subscription activation our validation team have screened the order(s) fraudulent activity.
- You will be responsible for providing accurate, current, and complete information, You must provide us with an email address which is not @ the domain(s) you are signing up under as full functionality of the domain may take up to 1- year of subscription type. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose.
- It is your responsibility to ensure the email address on file is current or up to date at all times. Providing false contact information of any kind may result in, lack of communication, production issues, quality assurance issues, license issues, billing issues or the termination of your account. BluSheet is not responsible for any lapse in service, including without limitation, any expired domain registration due to outdated contact information associated to profile. In a dedicated server purchase or high risk transactions, it will be necessary to provide government issued identification if requested and possibly a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and may be denied.
3.) Profile Security
- You agree to be responsebile for all use of your account and any action(s) or Modification(s) that take place within your account.
- You are responsible for maintaining full confidentiality of your password and other information related to your account.
4.) INTERNATIONAL USE:
- If you access this service from outside the United States (U.S.), you are voluntarily transferring information (potentially including but not limited to personal identification information) and content to the U.S.
- You agree that our collection, use, and storage of your information is subject to the laws of the U.S., and not accordingly of the jurisdiction in which you are located in.
5.) ACCOUNT TRANSFER
- Our transfers team will make every effort to help you move your site to us. However, transfers are provided as a courtesy service, and we cannot make guarantees regarding the availability, possibility, or time required to complete an account transfer.
- Transfer may also require a surcharge for resource utilization. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some or all account data. In some cases, we may be unable to assist you in a transfer of data from an old host.
- The free transfer services are available for 7 days from your signup date. Data to be transferred must be owned intellectual property and stated in a signed contract between BluSheet™ and client. Transfers outside of the 7-day free period will incur a charge; please contact a member of the transfers department with specific details to receive a price quote. In order to be eligible for a transfer of PAID services, the account must mature 12 months with of subscription payments.
- If the client pays 12-months in advance, transfers may still incur a surge charge to transfer data for allocated resources. All intellectual data remains BluSheet™ property unless specified by a contract agreement or 12 months of service has been paid. Some plans may require longer periods of payment commitment; these terms will be obligated by contractual agreement. Plans which qualify for 12 Month property release include BluSheet™ All in One, BluSheet™ Advanced and BluSheet™ Shopping Cart.
- All services provided by BluSheet™ may only be used for lawful purposes. The customer agrees to indemnify and hold BluSheet™ harmless from any claims resulting from the use of our services.
- The product or services being published on the internet is solely the responsibility of the client and does not have any liabilities to BluSheet™ Web Subscriptions. Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work.
- The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. If you believe that your copyright or trademark is being infringed upon, please email firstname.lastname@example.org the information required.
- A list of required information may be found here. If the request is of a licensing issue, we may require further documentation. Examples of unacceptable material on shared web hosting
– Top sites
– IRC Scripts/Bots
– Proxy Scripts/Anonymizers
– Pirated Software/Warez
– Audio Mp3 File Storage [you will need a vps for your radio/dj/sound sharing website/mp3 content on website]
– Image Hosting Scripts [dedicated server due to cpu and bandwidth]
– Video hosting files [you will need a dedicated server due to cpu and bandwidth]
– AutoSurf/PTC/PTS/PPC sites
– IP Scanners
– Bruteforce Programs/Scripts/Applications
– Mail Bombers/Spam Scripts
– Banner-Ad services (commercial banner ad rotation)
– File Dump/Mirror Scripts (similar to rapidshare)
– Commercial Audio Streaming [dedicated server due to cpu and bandwidth]
– Escrow/Bank Debentures
– High-Yield Interest Programs (HYIP) or Related Sites
– Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi,
– MLM/Pyramid Scheme)
– Sale of any controlled substance without prior proof of appropriate permit(s)
– Prime Banks Programs
– Pornography sites
– Lottery Sites
– Game website with flash games online [dedicated server due to cpu and bandwidth]
– Game servers
– Hateful/Racist/Harassment oriented sites
– Hacker focused sites/archives/programs
– Sites promoting illegal activities
– Forums and/or websites that distribute or link to warez/pirated/illegal content
– Bank Debentures/Bank Debenture Trading Programs
– Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
– Mailer Pro
- Using a shared account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account.
- Examples of unacceptable material on Dedicated servers include:
Pirated Software / Warez, Escrow, High-Yield Interest Programs (HYIP) or related sites, Investment sites (FOREX, egold exchange), sale of any controlled substance without prior proof of appropriate permit(s), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts. Forums and or websites that distribute or link to warez content are prohibited.
- BluSheet™ services, including all related equipment, networks and network devices are provided only for authorized customer use. BluSheet™ systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of BluSheet™ system(s) constitutes consent to monitoring for these purposes. We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice. Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via trouble ticket/email and will have a response within 48 hours. If in doubt regarding the acceptability of your site or service, please contact us at abuse@BluSheet.com and we will be happy to assist you.
- Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita):
Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.
- Resellers: we will suspend the site in question and will notify you so you may terminate the account. We will further monitor your activity; more than one infraction of this type may result in the immediate termination of your account.
Direct customers: Your services will be terminated with or without notice. Violations will be reported to the appropriate law enforcement agency. It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as username and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.
- All content must be received prior to any development. Content may be subject to review prior to an account engineering. If content is not completed, the account will remain in active status with services enabled, but website development or SEO will be paused until completion of the content request.
4.) ZERO TOLERANCE SPAM POLICY
- We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists” and “double opt-in” will be treated as spam. Any user who sends out spam will have their account terminated with or without notice. No refund for Spam Issues. Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or UseNet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated. BluSheet™ reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion. BluSheet™ reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean-up fee. This cost of the clean-up fee is entirely at the discretion of BluSheet™.
5.) PAYMENT INFORMATION
- You agree to supply appropriate payment for the services received from BluSheet™, in advance of the time period during which such services are provided. You agree that until and unless you notify BluSheet™ of your desire to cancel any or all services received, those services will be billed on a recurring basis.
- Cancellations must be done in writing via the cancellation form provided. Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you in writing (typically email) that your account has been canceled. You should immediately receive an automatic email with a confirmation. An employee will confirm your request (and process your cancellation) shortly thereafter. If you do not hear back from us, or do not receive the automatic confirmation email within a few minutes after submitting your cancellation, please contact us immediately via phone. We require that cancellations of service are done through the online form to
(a) confirm your identity
(b) confirm in writing you are prepared for all files/emails to be removed, and
(c) document the request. This process reduces the likelihood of mistakes, fraudulent/malicious requests, and ensures you are aware that the files, emails, and account may be removed immediately after a cancellation request is processed. All accounts maturing over 10 days of active service will not be eligible for any refunds, refunds may also be subject to approval based on your subscription and pro-rated services with BluSheet™ Vendors and Partners.
- As a client of BluSheet™, it is your responsibility to ensure that your payment information is up to date and that all invoices are paid on time. BluSheet™ provides a 10-day grace period from the time the invoice is due and when it must be paid.
- Any invoice that is overdue for 10 days and not paid will result in a $15 late fee and/or an account suspension until account balance has been paid in full.
- If your payment is over 45 days overdue, your account will be scheduled for termination by the Data-Center. You will need to upload your website again upon activation. You can also request a backup from the Data-Center. Invoices that have been paid more than once with multiple PayPal Subscriptions can only be added as credit towards the account and cannot be refunded via PayPal. If you require assistance with this provision, please contact the Sales Department. If you cancel after 5 calendar days of account setup, the account will be charged a cancellation fee of $199.99. BluSheet™ reserves the right to change the monthly payment amount and any other charges at any time based on customer server bandwidth usage, unless a bandwidth cap is limited by account holder.
- BluSheet™ provides multiple level(s) of Web Services and Web Applications subscriptions. When designing the needs of the package, a sales consultant will assist in best BluSheet™ package prior to activating any account. The client is responsible to read over these terms and conditions prior to activating the account. Any subscription which is “WEB APPLICATIONS” ($299 or greater per month) requires a 1-Year subscription commitment in order for the developed intellectual property to be eligible for ownership transfer. Terms and conditions are reviewed over the phone and send via E-Mail prior to development commencing.
- All BluSheet™ subscriptions terms and conditions are agreed to upon signing into the BluSheet™ Client panel for account activation. BluSheet™ retains the right to secure and keep all data unless a subpoena has been issued by the State of Florida.
- All accounts maturing after 5 calendar days of service will not be eligible for a refund if account is cancelled. Account must be cancelled through the customer client panel, on the phone with a BluSheet™ Representitive, or in written form mailed.
- Account may be subject to review for refunds within the 5 calendars days of used services. Refunds may take 10-21 business days to be process due to 3 rd party vendor and partnerships with BluSheet™.
- Accounts must mature over 12 months of active service and $0.00 balance in order for account DATA(intellectual property) to be transferred from BluSheet™ Cloud Servers to customer requested storage. Porting and transfer fees may apply. Cancelling or closing an account after 5 days of service may also be obligated to a $199.99 walk away fee for cPanel and Cloud Server termination.
- Any Account maturing after 5 days can be entitled to a refund ONLY upon review and is not guaranteed based on services rendered. Refund must be associated with product/service purchased into.
6.) BACKUP AND DATA LOSS
- Your use of the service is at your sole risk. BluSheet™ is not responsible for files and/or 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 BluSheet™ ™servers. BluSheet™ does manage and administer the cloud servers for security and data intrusion.
7.) Web Service and Application subscriptions:
- Any account maturing over 30 days will be responsible to maintain the account subscription for at least 1 year in order to qualify for an intellectual property transfer, which will require a transfer contract to be signed. If the customer wished to cancel prior to development being completed, the customer will be responsible for satisfying the entire term balance which will override the 1-year term as the account will be satisfied. The customer is responsible to ensure the development is being managed and developed properly, BluSheet™ will provide updates throughout the development life cycle. The final delivered product as outlined is required to go through an extensive BETA and ALPHA testing. As all development has proprietary components and features which is not limited to revisions. During an active subscription BluSheet™ provides the following.
- Development Hosting
- 5 Business E-Mails
- Domain Management
- Domain Importing
- DEMO Public URL
- Live Hosting Environment
- Managed Servers
- Custom Code Development
- Wire Framing
- Search Engine Optimization
- Web Hosting Renewals – Each hosting account is renewed automatically unless we are notified otherwise at least one month prior to the date your 1st year ends on.
- On cloud servers and colocation no full refund will be honored. We reserve the right to refund a prorated amount or no refund at all.
- All domain name sales are made final at the time of purchase. You are the sole owner of any domain names registered through our services upon payment.
- If the customer should decide to leave our service for another provider, domain names are transferable and therefore not subject to refunds. Changes to registered domain names (incorrect spelling, etc.) cannot be made once the domain has been purchased. It is very important that you verify the spelling of your domain name and it is recommended that you have someone else read it as well to ensure it is exactly as expected.
- Domain Name Renewals – Domain Name renewals are billed automatically on the schedule agreed to in the contract. They will renew automatically unless we are notified of otherwise at least 2months prior to the expiration date.
- Understanding Domain Name Expiry and Display of a Parking Page
- As every registrar, we have no control over expired domains. Whenever a domain name is not Renewed till the Expiry Date, it would slip into the Renewal Grace Period for a maximum of 14 days. All such domain names would be put on a temporary commercial Parking Page, which would indicate that the domain name has expired. During this period, any website and mails associated with the domain name would stop working. If you do not renew the domain name within the Renewal Grace Period, then it would be queued for deletion at the end of the Renewal Grace Period and subsequently Deleted. At this stage the domain has been removed from our system. The domain name will then go into Redemption Grace Period generally (provided there is no backorder for this domain name). In this status you would get another chance to redeem. The International Domain Registry charges $100 to backorder this domain to our system.
9) RESOURCE USAGE
- a) Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
b) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
c) Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
d) Run any software that interfaces with an IRC (Internet Relay Chat) network.
e) Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
f) Participate in any file-sharing/peer- to-peer activities or SPAM Mailing
g) Run any gaming servers such as counter-strike, half-life, battlefield1942, etc.
h) Run cron entries with intervals of less than 45 minutes
When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include(“http://yourdomain.com/include.php”) use include(“include.php”)
The use of more than 10,000 inodes on any shared account may potentially result in suspension. Accounts found to be exceeding the 10,000 inode limit will automatically be removed from our backup system to avoid over usage. Every file (a webpage, image file, email, etc.) on your account uses up 1 inode. Sites that slightly exceed our inode limits are unlikely to be suspended; however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension. The primary cause of excessive inodes seems to be due to users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past our inode limit. To disable your default mailbox, login to cPanel and choose “Mail”, then “Default Address”, “Set Default Address”, and then type in: fail: No such user here.
10.) BANDWIDTH USAGE
- You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.
- ANTI-MONEY LAUNDERING POLICY
What am I asked to do?
You may find that you are asked to confirm your identity and other personal details. BluSheet™ has established special verification systems involving your bank account or payment card to prove your identity. To safeguard the integrity of our payment system, your BluSheet™ account may also be subject to periodic transaction limits depending on your user status.
You could be asked to confirm your identity whether you are applying to be a new customer or have been a customer for some time. While our identity verification systems are designed to minimize any inconvenience for you, the verification process may take several days to complete.
Crime and terrorism need cash. Criminals turn the “dirty” cash made from drug trafficking, smuggling, and robbery into clean money by using false identities or taking the names of innocent people – like you. Making sure that people are who they say they are is essential in the fight against crime and terrorism. This does not mean in any way that suspicion is falling on you. Any information about your identity is held confidentially and will help stop your identity being used falsely.
Who is involved?
Government and all organizations involved in financial services. All are united in their determination to stop the spread of financial crime as part of the international effort to crack down on financial crime – protecting us all against crime and terrorism. Your co-operation is vital to the successful fight against crime and terrorism.
What the law requires:
We may be required to verify your identity and address. We are required to keep full records of all transactions together with identification provided. We are required to monitor any unusual or suspicious transactions of any size. We have a legal obligation to report to the Serious Organized Crime Agency (SOCA) any suspicious transaction.
12.) UPTIME GUARANTEE
- If your shared / reseller server has a physical downtime that is not within the 99.9% uptime you may receive one month of credit on your account. Approval of the credit is at the discretion of BluSheet™ dependent upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor’s network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please contact email@example.com with justification. All requests must be made in writing via email. Uptime guarantees only apply to shared / reseller solutions. Dedicated servers are covered by a network guarantee in which the credit is prorated for the amount of time the server is down which is not related to our uptime guarantee.
12B.) RESELLER: CLIENT RESPONSIBILITY
Resellers are responsible for supporting their clients. BluSheet™ does not provide support to our Reseller’s Clients. If a reseller’s client contacts us, we reserve the right to place the client account on hold until the reseller can assume their responsibility for their client. All support requests must be made by the reseller on their clients’ behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients’. BluSheet™ will hold any reseller responsible for any of their client’s actions that violate the law or the terms of service.
13.) SHARED HOSTING / CLOUD SERVERS
Shared accounts may not resell web hosting to other people, if you wish to resell hosting you must use a reseller account. Semi dedicated servers are not backed up. You must maintain your own backups.
14.) CLOUD SERVERS
- BluSheet™ reserves the right to reset the password on a dedicated server if the password on file is not current so that we may do security audits as required by our datacenter. It is the responsibility of the client to ensure that there is a valid email address and current root password on file for their dedicated server on file to prevent downtime from forced password resets.
- BluSheet™ reserves the right to audit servers as needed and to perform administrative actions at the request of our data center. Dedicated servers are NOT backed up by us and it is the responsibility of the client to maintain backups or have a solution for this. You may purchase an additional hard drive and maintain backups to it as the simplest solution. Please contact firstname.lastname@example.org if you wish to obtain a secondary hard drive. It is your responsibility to maintain backups.
15.) PRICE CHANGE
The amount you pay for hosting may increase from the date of purchase based on vendor relations. We reserve the right to change prices listed on www.blusheet.com, and the right to increase the amount of resources given to plans at any time.
- Customer agrees that it shall defend, indemnify, save and hold BluSheet™ harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against BluSheet™, its agents, its customers, 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, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless BluSheet™ against liabilities arising out of;
(1) any injury to person or property caused by any products sold or otherwise distributed in connection with BluSheet™;
(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 the customers server.
- BluSheet™ shall not be responsible for any damages your business may suffer. BluSheet™ makes no warranties of any kind, expressed or implied for services we provide. BluSheet™ disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by BluSheet™ and its employees.
18.) CHANGES TO THE TOS
BluSheet™ reserves the right to revise its policies at any time without notice. The key factor in a successful web service provider is making sure the network is fast and reliable, website data is secure and well development and all marketing is compliant to the directory environment. Having a reliable network for your website is a must and premium bandwidth is what you get with our hosting packages. Customers and Businesses want fast loading web pages and emails, plain and simple. Our network quality and speed enables us to provide a solid network infrastructure whilst ensuring confidence in our customers.