Terms of Services

Terms of Service

BlueWebHost provides web hosting to clients worldwide, and we have a responsibility to protect each client and to provide the best services available. All clients of BlueWebHost are subject to the following terms of service:

1.) Indemnification Policy:

You agree to use all BlueWebHost services and facilities at your own risk. BlueWebHost specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall BlueWebHost be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold BlueWebHost harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against BlueWebHost, 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, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless BlueWebHost against liabilities arising out of Any injury to person or property caused by any products sold or otherwise distributed in connection with BlueWebHost's server.

BlueWebHost reserves the right to intervene with any of the sites hosted on its servers in the interest of its customers. Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party Copyright infringement any defective products sold to customer from BlueWebHost's server. BlueWebHost shall be the sole judge of what violates this Policy.

2.) Billing / Account Set up / Email on file:

At this time we bill monthly, quarterly, semi-annually and annually, depending upon the plan. If you are not satisfied within your first 7 days we would be happy to provide you with a full refund (For some special offers the money-back-guaranteed day will be varied; and Domain Name registration fee is nonrefundable).

We accept Visa, Master Card, American Express, Discover Card. At present we are offering Linux Based Shared, Reseller Hosting and Linux Based Dedicated Server. For web hosting plans we will set up your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. For VPS and Dedicated servers we will process your order after we have received your payment, it takes 72 hrs., but some time due to stock availability it may take up to 10 working days to deliver your server. Some times due to stock availability we may not deliver same processor as given in describe plan, but we will offer you alternate processor with same capability or better processor than the current plan. 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. If you have a domain name registered with BlueWebHost, it is your responsibility to ensure that the contact information for your domain account and your actual domain name(s) is correct and up-to-date. BlueWebHost is not responsible for a lapsed registration due to outdated contact information being associated with the domain. If you need to verify or change this information, you should contact our sales team via email. Providing false contact information of any kind may result in the termination of your account. After domain registration you may or may not receive domain verification mail, it is your responsibility to check your mail box for verification mail which is send by domain registrar. Your domain registration may lapsed if you fail to verify your domain. In this situation BlueWebHost will not refund domain registration charges. For dedicated server purchases or high risk transactions, it will be necessary to provide government issued identification 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 be denied. Clients are encouraged to pay by credit card as it is the easiest way to handle payment at this time.

Please note that your sign up date would be your billing date for recurring payments in case of bank deposits or delayed payments. For example, if you have signed up on the 2nd day of the month and did not pay for 8 days, the billing system would still generate your next invoice on the 2nd of the next month even though your account would be set up only after the payment has been received for the service. So we urge you to make payments without delay when using off-line payment methods to avoid account setup delays.

3.) Late Payments / Payment Information:

All accounts are billed according to the dates they were first activated on. If you will not pay for service renew in 3 days after deactivation, your account will be suspended. If you will not pay for service renew in 30 days after deactivation, your account will be terminated. In case of VPS and Dedicated Server if you will not pay for service renew in 5 days after deactivation, your account will be terminated. You agree that until and unless you notify BlueWebHost 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 email (billing@bluewebhost.net). 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 cancelled. Your cancellation confirmation will contain a ticket/tracking number in the subject for your reference, and for verification purposes. If you do not hear back from us, or do not receive the automatic confirmation email within 1 day after submitting your cancellation, please contact us immediately via phone. We require that cancellations of service are done through emailing 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.

As a client of BlueWebHost, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree that until and unless you notify BlueWebHost of your desire to cancel any or all services received (by the proper means listed in the appropriate section of the Terms of Service), those services will be billed on a recurring basis, unless otherwise stated in writing by BlueWebHost. BlueWebHost reserves the right to bill your credit card or billing information on file with us. BlueWebHost provides a 3 day grace period from the time the invoice is generated and when it must be paid. Any invoice that is outstanding for 3 days and not paid will result in a 10% late fee and/or an account suspension until account balance has been paid in full. The 10% late fee is applied in addition to whatever else is owed to BlueWebHost for services rendered. Access to the account will not be restored until payment has been received.

It is the customer's responsibility to notify our sales team via email at sales@bluewebhost.net after paying for a domain renewal and to ensure the email is received and acted upon. Domain renewal notices and invoices are provided as a courtesy reminder and BlueWebHost cannot be held responsible for failure to renew a domain or failure to notify a customer about a domain's renewal.

Subsequently, domain renewals are billed and renewed 30 days before the renew date. It is the customer's responsibility to notify our sales team via email at sales@bluewebhost.net for any domain registration cancellation. No refunds can be given, once a domain is renewed. All domain registrations, and renewals are final.

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 sales@bluewebhost.net

BlueWebHost reserves the right to change the monthly payment amount and any other charges at any time.

4.) Acceptable Use Policy:

All services provided by BlueWebHost may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited (Applies to US Server) / Canada, State or City law is prohibited (Applies to Canada Server) / India, State or City law is prohibited (Applies to INDIAN Server) This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless BlueWebHost and its employees from any claims resulting from the use of the service which damages the subscriber or any other party. Our acceptable use policy is actively and strictly enforced. Offending content or users are suspended from our network, usually as soon as they are discovered, although we will always inform you when and why any action has been taken.

Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company.

Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control must be with expressed written consent from the third party. BlueWebHost may, at its discretion, request and require documentation to prove access to a third party network or system is authorized.

Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.

Illegality In any form, including but not limited to the unauthorized distribution or copying of copyrighted software or other data, harassment, fraud, trafficking in obscene material. Undesirable Content Certain types of content are not allowed on our network. Content relating to Hacking, Cracking, Warez and IRC is not allowed. Software, audio and video downloads may only be hosted if you are the writer and copyright owner of the resources or you have a right to distribute the materials. Accounts suspended due to content or AUP violation are not refunded under any circumstances. If you believe that your copyright or trademark is being infringed upon, please email abuse@bluewebhost.net

We reserve the right to refuse service to anyone. Any material that, in our judgement, 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@bluewebhost.net 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.

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.

5.) Spam Policy:

We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and purchased lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.

Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.

BlueWebHost 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.

BlueWebHost reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee or any charges incurred for blacklist removal. This cost of the clean up fee is entirely at the discretion of BlueWebHost.

6.) Backups and Data Loss:

Your use of this service is at your sole risk. Our backup service is ran Weekly, Daily & Monthly overwrites any of our previous backups. This service is provided to you as a courtesy. BlueWebHost is not responsible for files and/or databases residing on your account. You agree to take full responsibility for files and databases transferred and to maintain all appropriate backup of files and databases or any other form data stored on BlueWebHost servers.

7.) Cancellations and Refunds:

BlueWebHost reserves the right to cancel, suspend, or otherwise restrict access to the account at any time with or without notice if you are found guilty of this offense. No refunds will be made in such cases irrespective of your signup date.

Customers may cancel at any time via mailing us at billing@bluewebhost.net. BlueWebHost gives you conditional 7 day money back guarantee on managed shared hosting, and reseller solutions for any customer who paid the first invoice with a credit card or with Paypal.

Cancellations requested after the initial 30 days for Shared and Reseller accounts will go into effect on the renewal date for that particular hosting package. Unless specifically requested, the account will remain active until the period expires. Any request for a refund outside of the initial 7 day period will not be proceed at any condition.

The following methods of payments are non-refundable, and refunds will be posted as credit to the hosting account or renewal will be processed automatically:

Bank Wire Transfers

Cash Deposits into our Bank Accounts

Automatic paypal subscription. (Client must cancel his/her paypal subscription by login in to paypal account if do not want to continue services. Any automatic paypal subscription payment will be processed for service renewal)

Basically any offline payments are non-refundable even when the refunds are eligible under the money back guarantee.

There are no refunds on dedicated and vps servers, additional IP address slab, administrative fees, install fees for custom software, or domain name purchases.

Our Shared, Reseller, VPS and Dedicated Servers are located in US Datacenters. There are no refunds for server location issues and no request will be accepted for change in server location.

In case of additional IP slab on dedicated server client must utilize all old allocated IP's then should apply for additional IP slab. Client must enable ping result to check and verify by technical team. Additional IP slab will be allocated only after technical team verification. We do not offer any refund at any condition. It's client responsibility to utilize all old allocated IP's and enable ping result before applying for new IP slab.

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 or if you have opened a second account with us.

Customers signing up for the sole purpose of getting a refund would be classified as people misusing our refund policies. We have found out that people suspended on other hosts for resource abuse/spam etc. sign up under the Money back guarantee and try to overload our servers too. This is against the TOS and as below, no refunds will be issued in such cases. Also such people just need a place to dump their data at times and just misuse the refund policy for temporary hosting. We will evaluate if such misuse was done before processing any refunds on all accounts. Accounts found guilty would not be entitled for a refund.

8.)Violations of the Terms of Service will waive the refund policy.

Resource Usage: User may not

1) Use 25% or more of system resources for longer than 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.

2) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.

3) Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.

4) Run any software that interfaces with an IRC (Internet Relay Chat) network.

5) 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.

6) Participate in any file-sharing/peer-to-peer activities

7) Run any gaming servers such as counter-strike, half-life, battlefield1942, etc

8) Run cron entries with intervals of less than 15 minutes.

9) Run any MySQL queries longer than 15 seconds. MySQL tables should be indexed appropriately.

Any shared account using more than 5 gigs of disk space will be removed from our off site daily, weekly and monthly backup.

9.) 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.

10.) Money back Guarantee:

BlueWebHost does not offer refund on Dedicated Server and VPS Server. First shared and reseller accounts carry a 7 days money back guarantee. If you are not satisfied with our services within the first 7 days of your service, you will be given a full refund. Remember, this is only for monthly billing shared or reseller packages and does not apply to dedicated servers, administrative fees, install fees for custom software, or domain name purchases.

BlueWebHost will not activate new orders or activate new packages for customers who have an outstanding balance with BlueWebHost. For a new order to be setup or a new package to be activated, you must have a balance of Rs.0.00.

11.) Uptime Guarantee:

If your shared / reseller server has a physical downtime that is not within the 99.9% uptime you may receive 3 days of credit on your account. Approval of the credit is at the discretion of BlueWebHost 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 sales@bluewebhost.net with justification. All requests must be made in writing via email. 99.9% Uptime guarantees only apply to shared / reseller Plans. Dedicated servers are covered by a network Uptime guarantee in which the credit is prorated for the amount of time the server is down which is not related to our uptime guarantee.

12.) Reseller Accounts: Client Responsibility

Resellers are responsible for supporting their clients. BlueWebHost does not provide support to our Reseller's Clients. 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'. BlueWebHost will hold any reseller responsible for any of their clients actions that violate the law or the terms of service.

13.) Price and Coupons Change:

We reserve the right to change prices listed on BlueWebHost.com, and the right to increase the amount of resources given to plans at any time. Discounts and coupon codes are reserved for first-time accounts *or first-time customers* only. If you have signed up using a particular domain, you may not resign up for that domain using another coupon at a later date. Any account found in violation of these policies will be reviewed by our sales department and the appropriate invoices will be added to the account. Coupon abuse will not be tolerated and may result in the suspension or termination of the account. Coupons or discounts are only valid towards the initial purchase, and do not affect the renewal or recurring price.

14.) Disclaimer:

BlueWebHost shall not be responsible for any damages your business may suffer. BlueWebHost 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 BlueWebHost.

15.) Disclosure to law enforcement:

BlueWebHost may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.

16.) Downgrades:

Account downgrades are charged at INR 100/-. Account downgrades are also not eligible for free transfers. Data transfer charges are applicable based on the size of data when accounts need to be moved between servers during downgrades.

17.) Changes to the TOS:

BlueWebHost reserves the right to change its terms and policies at any time without notice.

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