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Acceptable Use
Blurstorm's
services may only
be used for lawful
purposes. Transmission
of any material
in violation of
International, Federal
or State regulation
is prohibited. This
includes but is
not limited to:
material legally
judged to be threatening
or obscene, or material
protected by trade
secret laws.
If
you are found in
violation of the
Blurstorm Acceptable
Use Policy and Terms
of Use. Your account
will be terminated
without notice and
you will forfeit
all of the moneys
that have been paid
to Blurstorm.
Examples
of content that
is not acceptable
on Blurstorm Servers:
"Pirated software"
or "Warez", "Hacker
programs and/or
archives", "IRC
Bots", "Gambling
Related","Copyrighted
Mp3's".
You
specifically agree
to indemnify and
hold Blurstorm harmless
from any claims
resulting from a
breach of these
terms, and/or their
use of the service,
which damages another.
Warez
- Includes pirated
software, ROMS,
emulators, phreaking,
hacking, password
cracking. IP spoofing,
etc., and encrypting
of any of the above.
Also includes any
sites which provide
"links to" or "how
to" information
about such material.
Adult Sites
WE
DO NOT HOST ILLEGAL ADULT
SITES. LEGAL CONTENT ONLY
Illegal Adult
Content or links
to illegal Adult Content
are not permitted
on
Blurstorm
servers. Legal only.
Spam
SPAM
in any shape or form
is NOT permitted and
is grounds for immediate
account termination.
Mailing lists via
a mailing list manager
are acceptable as
long as the list are
OPT-IN list that people
have signed up for.
Spam complaints from
other users will not
be tolerated.
SPAM
UPDATE: 02/01/2004 :
IF YOU SPAM THROUGH BLURSTORM YOU WILL BE CHARGED A $500 FEE FOR EACH
COMPLAINT!
IRC and Chat Rooms
Internet Relay Chat (IRC) traffic is not permitted on
our servers in any of its many forms including, but not limited to:
bots and IRC servers. Chat rooms may be allowed on per use basis, so
please ask one of our support staff before setting one up. (Some cgi/perl
based chat rooms over utilize the server processor.)
Web Site Hosting And Email
We make no representation and give no warranty as to the
accuracy or quality of information received by any person via the Server
and we shall have no liability for any loss or damage to any data stored
on the Server.
You shall effect and maintain adequate insurance coverage
in respect of any loss or damage to data stored on the Server.
You represent, undertake and warrant to us that you will
use the Web Site allocated to you only for lawful purposes. In particular,
you represent, warrant and undertake to us that you will not use the Server
in any manner which infringes any law or regulation or which infringes
the rights of any third party, nor will you authorize or permit any other
person to do so.
You shall not post, link to or transmit: (a) Any material,
which is unlawful, threatening, abusive, malicious, defamatory, obscene,
pornographic, blasphemous, profane or otherwise objectionable in any way.
(b) Any material containing a virus or other hostile computer program.
(c) Any material which constitutes, or encourages the commission of, a
criminal offence or which infringes any patent, trade mark, design right,
copyright or any other intellectual property right or similar rights of
any person which may subsist under the laws of any jurisdiction.
You shall keep secure any identification, password and
other confidential information relating to your account and shall notify
us immediately of any known or suspected unauthorized use of your account
or breach of security, including loss, theft or unauthorized disclosure
of your password or other security information.
You shall observe the procedures, which we may from time
to time prescribe and shall make no use of the Server, which is detrimental
to our other customers.
You shall procure that all mail is sent in accordance
with applicable legislation (including data protection legislation) and
a secure manner.
In the case of an individual User, you warrant that you
are at least 18 years of age and if the User is a company, you warrant
that the Services will not be used by anyone under the age of 18 years.
Any access to other networks connected to Blurstorm must
comply with the rules appropriate for those other networks.
While we will use every reasonable endeavor to ensure
the integrity and security of the Server, we do not guarantee that the
Server will be free from unauthorized users or hackers and we shall be
under no liability for non-receipt or misrouting of email or for any other
failure of email.
Network
Network disruptions
: Use of the Blurstorm Hosting service for any activity which affects
the ability of other people or systems to use Blurstorm Hosting Services
or the Internet. This includes "denial of service" (DOS) attacks
against another network host or individual user. Interference with or
disruption of other network users, services or equipment is prohibited.
Blurstorm Hosting will not tolerate any subscriber attempting to access
the accounts of others, or penetrate security measures of other systems,
whether or not the intrusion results in corruption or loss of data. Blurstorm
Hosting, does not allow the hosting of IRC, IRC Bots, or eggdrops on our
network. Servers found hosting this material will be subject to immediate
cancellation without refund. Use of the Blurstorm Hosting service to access,
or to attempt to access, the accounts of others, or to penetrate, or attempt
to penetrate, security measures of Blurstorm Hosting's or another entity's
computer software or hardware, electronic communications system, or telecommunications
system, whether or not the intrusion results in the corruption or loss
of data, is expressly prohibited and the offending Blurstorm Hosting account
is subject to immediate termination.
Refunds
Blurstorm
does not offer any
refunds for service
on Shared hosting,
Reseller Accounts,
Ecommerce, VPS (Virtual
Private Servers),
ModernBill, Dedicated
Servers or any other
service Blurstorm
may offer.
License
fee's for Direct
Admin and WHM/cPanel
are non-refundable.
IE: If a customer
orders a package,
then cancels that
package and wants
a refund Blurstorm
would refund all
except the license
fee for the control
panel the customer
ordered.
updated
3-07-2006
Paypal - If a customer
has a Paypal Subscription
(which automatically
deducts the payment
from their account)
then it is up to
that customer to
cancel their subscription
through the Paypal
website if they
decide to cancel
service with Blurstorm.
Because we do not
monitor Paypal subscriptions
no refunds will
be given to ongoing
payments if the
customer cancels
or changes service
providers.
Data
Backup
Blurstorm
will perform weekly backups
on our cPanel servers
(shared hosting and resellers)
but the web site owner
or reseller is ultimately
responsible in the event
the data can not be copied
back to the original server.
We will make all attempts
to restore data but it
is not guaranteed. Local
backups permissions are
turned on from 9pm-7am
daily.
Intellectual Property Rights
You shall obtain any and all necessary consents and clearances
to enable you lawfully to make use of all and any intellectual property
rights through the Services, including without limitation, clearance and/or
consents in respect of your proposed domain name.
Service Availability
We shall use our reasonable endeavors to make available
to you at all times the Server and the Services but we shall not, in any
event, be liable for interruptions of Service or down-time of the Server.
We shall have the right to suspend the Services at any
time and for any reason without notice, but if such suspension lasts or
is to last for more than 30 days you will be notified of the reason.
The Services provided to you hereunder and your account
with us cannot be transferred or used by anyone other than you. No more
than one login session under any one account may be used at any time by
you. User programs may be run only during login sessions. If your
account is found to have been transferred to another party, or shows other
activity in breach of this sub clause, we shall have the right to cancel
the account and terminate the Services and/or this Agreement immediately.
Termination
Without in any way limiting our (Blurstorm) rights.
If you fail to pay any sums due to us as they fall due,
we may suspend the Services and/or terminate this Agreement forthwith
without notice to you.
If you break any of these terms and conditions, we may
terminate this Agreement forthwith upon written notice.
If you are a company and you go into insolvent liquidation
or suffer the appointment of an administrator or administrative receiver
or enter into a voluntary arrangement with your creditors, we shall be
entitled to terminate this Agreement forthwith without notice to you.
On termination of this Agreement or suspension of the
Services we shall be entitled immediately to block your Web Site and to
remove all data located on it. We shall be entitled to delete all such
data but we may, at our discretion, hold such data for such period as
we may decide to allow you to collect it at your expense, subject to payment
in full of any amounts withstanding and payable to us. We shall further
be entitled to post such notice in respect of the non-availability of
your Web Site as we think fit.
Accounts may be cancelled by the user with a 7 day notice.
Blurstorm reserves the right to cancel any account with or without notice.
Blurstorm Plans (Web Sites we maintain) are subject to a one
year revolving contract. Blurstorm Plans may terminate their
account 30 days before their anniversary date. If Blurstorm accounts
are canceled prior to the first year of service a service fee of $300 will
be due.
Legal
Blurstorm expects that its subscribers who provide Internet
services to others will comply fully with all applicable laws concerning
the privacy of on-line communications. A subscriber's failure to comply
with those laws will violate Blurstorm policy. Finally, Blurstorm wishes
to emphasize that in signing the service agreement, subscribers indemnify
Blurstorm for any violation of the service agreement, law, or Blurstorm
policy, that results in loss to Blurstorm or the bringing of any claim
against Blurstorm by any third-party. This means that if Blurstorm is
sued because of a subscriber's or customer of a subscriber's activity,
the subscriber will pay any damages awarded against Blurstorm , plus costs
and reasonable attorneys' fees.
Limitation Of Liability
All conditions, terms, representations and warranties
relating to the Services supplied under this Agreement, whether imposed
by statute or operation of law or otherwise, that are not expressly stated
in these terms and conditions including, without limitation, the implied
warranty of satisfactory quality and fitness for a particular purpose
are hereby excluded.
Our total aggregate liability to you for any claim in
contract, tort, negligence or otherwise arising out of or in connection
with the provision of the Services shall be limited to the charges paid
by you in respect of the Services, which are the subject of any such claim.
In any event no claim shall be brought unless you have
notified us of the claim within 6 months of it arising.
In no event shall we ever be liable to you for any loss
of business, contracts, profits or anticipated savings or for any other
indirect or consequential or economic loss whatsoever.
Notices
Any notice to be given by either party to the other may
be sent by either email, fax or recorded delivery to the address of the
other party as appearing in this Agreement or ancillary application forms
or such other address as such party may from time to time have communicated
to the other in writing, and if sent by email shall unless the contrary
is proved be deemed to be received on the day it was sent or if sent by
fax shall be deemed to be served on receipt of an error free transmission
report, or if sent by recorded delivery shall be deemed to be served two
days following the date of posting.
Payment
All payments must be in US Dollars. If your check is returned
by the bank as unpaid for any reason, you will be liable for a "returned
check" charge of UDS $30.00.
All charges payable by you for the Services shall be in
accordance with the scale of charges and rates published from time to
time by us on our web site and shall be due and payable in advance of
our service provision.
Without prejudice to our other rights and remedies under
this Agreement, if any sum payable is not paid on or before the due date,
we shall be entitled forthwith to suspend the provision of Services to
you.
Your Billing is based on the date that you signed up with
us. (ex. If you joined us on June 25th, 2000 Your Credit Card will be
charge on the 25th of every month)
Headings
Headings are included in this Agreement for convenience
only and shall not affect the construction or interpretation of this Agreement.
Entire Agreement
These terms and conditions together with any documents
expressly referred to
in them, contain the entire
Agreement between us relating
to the subject matter
covered and supersede
any previous Agreements,
arrangements, undertakings
or proposals, written
or oral: between us in
relation to such matters.
No oral explanation or
oral information given
by any party shall alter
the interpretation of
these terms and conditions.
In agreeing to these terms
and conditions, you have
not relied on any representation
other than those expressly
stated in these terms
and conditions and you
agree that you shall have
no remedy in respect of
any misrepresentation,
which has not been made
expressly in this Agreement.
Misuse Of Resources including
but not limited to employing
applications which consume
excessive CPU time, Chat/IRC,
web proxy and mailing
list scripts are not allowed
on our network under any
circumstances. Streaming
media can be a drain on
web server resources and
as such is not allowed.
CGI based message forums
which use flat file databases
are often found to use
excessive system resources,
to avoid disappointment
please use a PHP/ASP message
forum.
If you are unsure about content you intend to place on
our network, please check with us before you do. We reserve the right
to determine what constitutes acceptable use. We may amend these terms
of service with or without notice.
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