|This policy represents the
Bluescathosting.com Terms of Service ("TOS") in its entirety and
supersedes any other written or oral policy. This policy defines
the terms of service all customers agree to when they sign-up
for hosting services with Bluescathosting.com.
Bluescathosting.com reserves the exclusive right to revise,
change or amend any portion of this Policy at any time, without
advance notice to customers.
Customers using any services offered by Bluescathosting.com
consent to be bound by and must comply with all policies in this
TOS. At the sole discretion of Bluescathosting.com, any
violators of this TOS may have their services cancelled without
refund and/or, if deemed appropriate, be legally prosecuted.
In consideration for Bluescathosting.com maintaining one or
more accounts (each "Account"), you agree to the following terms
- "We" "Us" or "Provider" or "Bluescathosting.com"
- "You" "Your" "Client" "Customer" or "Member."
Each person or entity that applies for internet service or is
a designate of any one who applies for internet service.
Disclaimer of Warranty
The Internet is a complex network of equipment, services and
providers of information, thus the Service may not be available
to you at all times. However, Bluescathosting.com offers a 99.9%
network uptime guarantee. This is valid for only the connection.
Bluescathosting.com will pursue all resources and channels
available to maintain maximum uptime; however,
Bluescathosting.com is not responsible for any down time caused
by client's error.
Bluescathosting.COM MAKES NO WARANTIES OR REPRESENTATIONS OF ANY
KIND FOR THE SERVICES BEING OFFERED. THE SERVICE IS PROVIDED ON
A "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 Bluescathosting.com or its agents or
employees shall create a warranty. Bluescathosting.com provides
no warranty that the service will be uninterrupted or error free
or that any information, software or other material accessible
on the service is free from viruses or other harmful components.
Under no circumstances shall Bluescathosting.com 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. If you are
dissatisfied with Bluescathosting.com service or any of its
terms, conditions, rules, policies, guidelines, or practices,
your sole and exclusive remedy is to discontinue using the
You understand that by placing information on
Bluescathosting.com's servers that such information becomes
available to all Internet users and that Bluescathosting.com 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
Bluescathosting.com's 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 Bluescathosting.com or on the
Your use of the service is at your sole risk.
Bluescathosting.com 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 Bluescathosting.com 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 Bluescathosting.com, 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 Bluescathosting.com policy
Bluescathosting.com reserves the right to monitor any and all
communications through or with our facilities.
You agree to indemnify, defend, and hold harmless
Bluescathosting.com 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, Bluescathosting.com, or
any other party or parties without limitation or exception. This
indemnification and hold harmless agreement extends to all
issues associated with your account, including but not limited
to domain name selection and Web site content.
Services provided by Bluescathosting.com
Bluescathosting.com will provide Internet server rental ("the
Service") to its members for the express purpose of allowing
customers to provide http Internet content to the general
public. The Service allows Bluescathosting.com members to
maintain Internet websites, receive and maintain e-mail accounts
and access web space via FTP to upload files for their websites.
Bluescathosting.com members will use the provided services in a
manner consistent with any and all applicable laws of the
Province of Ontario and the Canadian Federal Law.
Bluescathosting.com provides the Services exclusively and makes
no effort to edit, control, monitor or restrict the content of
data other than as necessary to provide such Services. If any of
the below activities are committed, Bluescathosting.com can
terminate client's account without notification.
- Client Content: Client agrees that web pages and
files uploaded to servers will not violate any province,
federal or foreign laws or regulations; infringe on any
intellectual property rights of Bluescathosting.com or any
third party; be defamatory, slanderous or trade libelous; be
threatening or harassing; be discriminatory based on gender,
race, age; promote hate; or contain viruses or other computer
programming defects which result in damage to
Bluescathosting.com or any third party. Customers may not run
IRC, bots or clients. Unacceptable uses also include: Bulk
unsolicited emailing, unsolicited emailings, newsgroup
spamming, child porn or links to such sites, copyrighted MP3,
illegal content, copyright infringement, trademark
infringement, warez, cracks, software serial numbers, any site
with adult-oriented content, including but not limited to any
pornographic material. Bluescathosting.com will be the sole
and final arbiter as to what constitutes a violation of this
policy. Bluescathosting.com does not normally monitor the
contents of clients servers, however if suspicion occurs,
Bluescathosting.com reserves the right to investigate and
terminate the clients subscription to the service.
- Bandwidth Usage: Bluescathosting.com offers a
generous amount of data transfer per month. Bandwidth is
calculated on a recurring 30 days. Sites that use over the
given limit in 30 days will automatically be suspended until
the cycle is reset. You can request that your site be allowed
to go over your bandwidth limit, however, a $1.50/per GB
overage charge will be applied to your account. You can
upgrade your plan within seven (7) days of the end of the
month to avoid bandwidth overages.
- Excessive Resource Usage Policy: *Applies to
virtual accounts. Resources are defined as bandwidth and/or
processor utilization. A website is considered using
"Excessive amounts of resources" when it monopolizes the
resources available using 10% or more of system resources for
longer than 30 seconds. There are numerous problems that could
cause such problems, this includes: cgi scripts, FTP, HTTP,
etc. A site that consumes over the account limit of bandwidth
is also considered "excessive resources". This policy is only
implemented in extreme circumstances and is intended to
prevent the misuse of our servers. The client whom is using
"excessive resources" will be asked to upgrade his/her package
to one of our dedicated server packages. Bluescathosting.com
will be the sole and final arbiter as to what constitutes a
violation of this policy.
- Upstream AUP Violation: Accounts that house
insecure scripts which result in an upstream AUP violation
will be charged a one time fee of $9.95 for cleanup and
reactivation. If your account causes a second upstream AUP
violation as a result of the same script, your account will
then be subject to termination at the discretion of
- No "Spam": UCE/UBE or "Spam" originating from a
server located on our network or associated with a
Bluescathosting.com server is not tolerated. This includes any
e-mail that promotes web sites hosted on a server located on
the Bluescathosting.com network but is sent from an e-mail
address not associated with that Bluescathosting.com account.
Client shall not use their Bluescathosting.com services for
chain letters, junk mail, bulk-email, or any use of
distribution lists to any person who has not given specific
permission to be included in such a process.
Bluescathosting.com reserves the right to deactivate or
terminate any account(s) upon any indication of such activity
without notice. There will be a $500 clean up fee if an
account was suspended for policy violation.
- False Information: You agree that you, as the
person legally responsible for all use of this account, are at
least 18 years of age. If you are under 18 years of age, you
need to have parental consent in order to sign up, and the
account must be ordered by a parent or guardian, in their own
name. You agree to supply Bluescathosting.com with a current
and truthful name, postal address and telephone number for our
records, and you have a continued obligation to keep this
information current. You also agree that you are an authorized
user of any credit card that you supply to us, and you
understand and agree that we have an obligation to fully
investigate any possible fraudulent credit card use and
prosecute if wrong doing is found.
- Licensed Software Only: Client agrees to use only
properly licensed third party software in connection with
Client's use of the Services.
- 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.
- Abusive behavior against staff: We believe in
professional communication, no matter what the issue is. We
will not tolerate any abusive behavior, abusive language or
threats against any Bluescathosting.com staff member(s). By
violating this policy, we reserve the right to permanently
suspend or terminate your account(s) without prior notice and
without any refund. Bluescathosting.com 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, at its sole discretion and without notice.
Bluescathosting.com also reserves the right to make any such
modifications in an emergency at our sole discretion.
- Back-Up Files: We perform routine daily backups of
all users' data. Bluescathosting.com is not responsible for
any user's data and all user's are encouraged to perform their
own daily backups. If a user experiences data loss due to
their own doing, Bluescathosting.com will charge a one-time
$10 data restoration fee per incident that requires a restore
of backup to the user's account.
Payment, Renewal, Cancellations
- Payment Obligations: Full payment is required in
advance before hosting service is established. Bluescathosting
sends out invoices that are due every pay period. You are
given seven (7) days to fully pay the invoice. If you have a
credit card on file, your credit card will automatically be
charged each renewal period unless cancelled. You warrant and
represent that the information you supply in the Order Form
(or other information that Bluescathosting.com may require) is
accurate and truthful. All payment-due notices will be sent by
e-mail. No bills or invoices will be sent by postal mail or
fax. If payment was not received by the due-date, your account
will be suspended. To have your account re-established, you
will need to pay the monthly fees, plus a $25 re-connect fee.
There is a $35 fee for bounced checks and a $45 processing fee
for illegitimate charge backs.
- Renewals: Your account will be automatically
renewed under the same time and fee structure unless you give
written notice to Bluescathosting.com seven (7) days before
the renewal date that you do not wish to renew such account.
- Cancellation & Refunds: In the event you cancel
your service, you will be charged in full for the entire month
in which you canceled your service. Account cancellations for
accounts with a negative balance will be passed on to
collections, and all services rendered to the party with the
negative balance will be terminated, including domain
registrations. A full refund will be issued for any unused
prepaid months of service. There is a $45 administrative fee
for any illegitimate charge backs placed against us. Any
illegitimate charge backs or threatened illegitimate charge
backs are grounds for immediate account cancellation. Payments
made for dedicated server purchases, domain registrations or
account upgrades are non refundable. Cancellations must be
received at least seven (7) days prior to your renewal date. A
cancellation email which includes your domain name, username
and password must be received by our Billing Department at