Clients will be held responsible for any and all actions performed by their account whether done by the account holder or by others! If server security is compromised, the account holder is responsible for all violations of these Terms of Service.
The following terms constitute an agreement between you and BluSEO (including BluSEO.net, BluSEO.space and its related sales sites for memberships, plugins, workshops, videos, etc.). These Terms of Service govern your use of the services provided by BluSEO (the “Services”).
Changes to Terms of Service
Non-Payment/Service Interruption/Payment Cancellation
Services interrupted for non-payment or for any other reason to have their service interrupted may be subject up to a $20.00 reactivation fee. Data stored on a client’s services will not be available to the client until reconnection is established or alternative arrangements are made to the sole satisfaction of BluSEO. Clients deactivated for non-payment or charge-back are subject to their data being destroyed seven (7) days from suspension/charge-back date. BluSEO is not responsible for data integrity, regardless of circumstance. Cancellation of payment may result in immediate cancellation of all client’s accounts without notice regardless of the time left to the next billing cycle.
BluSEO provides the tools needed to create back ups of account data. It is the responsibility of the customer to keep up-to-date archives of their backed up data. BluSEO currently backs up 1 time a week BUT is not responsible for any lost data or corrupt backups and is completely done as a free service but is not in anyway a guarantee of data saved. We will attempt to help restore an accounts data in case of loss but if backup is corrupt BluSEO will not be liable. Note: accounts over 1GB in size MAY NOT be backed up.
BLUSEO strongly recommends keeping up to date and off network backups to protect against data loss. Another words no keeping backups for longer then a 5 days on the server. Any longer will be considered storage and will be removed by BluSEO and will not be responsible when removed with or without notice.
VIOLATIONS OF BLUSEO TOS
Could result in suspended or termination on the spot no questions asked.
Examples of what BLUSEO considers non-acceptable content and/or links to such.
Bulk Email /Spam related products
Warez/Cracked products forum/blog
Hacking/cracking related websites
Warez and/or copyrighted MP3s
NULLED Scripts (Software) OF ANY KIND
No Adult (porn) sites of any kind allowed on our servers.
Illegal material or material that is against public policy
Free Hosting of any kind (space/access etc.)
No one price for lifetime Hosting
(We feel lifetime is a scam. Is it your life time or the companies lifetime or the OVER SOLD Servers life time)
Direct Resellers can ONLY offer yearly pricing if paid up for the year.
REAL Domain names ONLY. (Names must be registered Domains and point to our DNS)
NO “Index_of” sites. All sites must either have a under construction page or some kind of content. (index_of sites or just door ways for hackers so they are not allowed)
Servers that use flash games on site and such.
Public Download Sites of any kind (music, computer applications, games, mobile apps)
User Forums containing links to material that violates our TOS
Content or links to sites that are detrimental to public policy, health and welfare
No rapidshare related scripts
User may not:
Use 20% 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.
NO Audio/video Streaming
Abusing our staffs of any kind.
Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
Run any type of web spider or indexer on shared servers.
Run any software that interfaces with an IRC network.
Run any bit torrent application, tracker, client or link to torrents off server.
Participate in any file-sharing/peer-to-peer activities
Run any gaming servers etc
Run cron entries with intervals of less than 30 minutes
Any abuse of our staff in any medium or format will result in the suspension or termination of your services as well as voiding any refund policies promised.
VIOLATIONS OF BLUSEO ACCEPTABLE USE POLICY
In the event a service is suspended, it will be subject to termination seven (7) days from the time of suspension. BLUSEO assumes no liability for the integrity of the data stored on a suspended server.
BLUSEO requires a five (5) day notice of cancellation prior to the billing renewal date for the upcoming billing cycle, submitted via support indicated on a website. A five (5) day notice before the upcoming billing date is also required for any downgrades. All client data will be destroyed immediately after the cancellation request.
In the event fraud is discovered the fraudulent account, and all related accounts, are subject to immediate suspension or termination at the sole discretion of BLUSEO. All information available to BLUSEO about the fraudulent account/service shall be submitted to both local authorities, as well any financial institutions involved. All fraudulent orders are investigated, and all fraudulent clients will be prosecuted to the fullest extent of the law, whether within Poland, or abroad.
WE PROVIDE THE SERVICES “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE.” WE AND OUR SUPPLIERS MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SERVICES. TO THE EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS DISCLAIM IMPLIED WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE AND OUR SUPPLIERS DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, RELIABLE, ACCURATE OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION GIVEN BY A BLUSEO, REPRESENTATIVE SHALL CREATE A WARRANTY. You may have additional consumer rights under your local laws that this contract cannot change. You use the Services at your own risk.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US OR OUR SUPPLIERS IS THE CANCELLATION OF YOUR ACCOUNT. IN NO EVENT SHALL OUR, OUR AFFILIATES’ AND OUR SUPPLIERS’ AGGREGATE AND CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID DURING THE PERIOD DURING WHICH SUCH CLAIMS AROSE. WE, OUR AFFILIATES, AND OUR SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME COUNTRIES/STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY, AND THE LIABILITY OF OUR AFFILIATES AND SUPPLIERS, SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to defend, indemnify, and hold harmless us, our employees, contractors, officers, directors, agents, affiliated companies, and suppliers, from all liabilities, claims, and expenses, including attorneys’ fees, that arise from your use or misuse of the Services. We reserve the right to assume control of the defense of any third party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
BLUSEO does not offer software support of any kind. BLUSEO does not provide software support/troubleshooting for the software items chosen from the order form. BLUSEO only ensures the correct default installation of any software item chosen from the order form, and in no way assumes liability for the configuration of any of the installed software. BLUSEO is not responsible for any downtime associated with the incorrect configuration of operating any software, whether installed by BLUSEO or the client. BLUSEO may provide enhanced software support for an additional fee. Please support for enhanced support pricing.
BLUSEO does not provide any type of support to the clients of our clients (third party clients). BLUSEO will only provide support directly to clients of BLUSEO.
Spam/Bulk Email Policy
BLUSEO does not allow bulk mailing of any kind from its network, including but not limited to SPAM or SPIM. You may not allow others to use your account to violate the terms of these Terms of Service. If BLUSEO receives a spam complaint or otherwise becomes aware of bulk mailing from its networks, it will identify the server the spam was initially sent from (via IP), create a comprehensive list of the spam complaints associated with the server in question, and issue an Abuse Notification to the client whose account(s) are associated with such complaints. An instance of a spam complaint is defined as one marketing E-mail. The first Abuse Notification will provide a warning to the client and assess a $25 fine. The second Abuse Notification will assess a fine of $25 per complaint received with a maximum fine of $125. The third Abuse Notification will terminate all Services to the account and/or client in violation of these Terms of Service, as well as assess a fine of $25 per complaint received with a maximum of $250. BLUSEO reserves the right to refuse Services to any client whose account(s) have been fined or terminated for bulk mailing. If an IP range or IP address has been black-listed as a result of a spam complaint, BLUSEO will issue a fine of $200 and reserves the right to immediately terminate the service, at the sole discretion of BLUSEO.
– On the second instance of server compromise BLUSEO reserves the right to terminate the client’s services.
If a client wishes to dispute any spam complaints, or any fine assessed in connection with any such complaints, the client must provide BLUSEO with full logs as well as any additional information requested by BLUSEO within 48 hours of the initial Abuse Notification. Failure by a client to dispute, or to provide any required information within such 48 hour time period, will be deemed acceptance of the notification and all assessed fines associated with it.
Abuse of Unlimited Traffic and Unlimited Storage
Clients agree to pay any and all bandwidth overage charges accrued on their account from the previous billing cycle. BLUSEO reserves the right to suspend any account which does not pay bandwidth overage charges promptly. BLUSEO is not responsible for spikes in bandwidth that are caused on a client’s service for any reason. Client assumes liability for all bandwidth to and from their services.
Storage (Disk Space)
BluSEO concept behind “unlimited traffic” and “unlimited storage” is to provide our customers with an unlimited amount of storage space and bandwidth for active web pages and cannot be used as a “storage space” for electronic files. Sites that fall under “electronic storage” are LARGE archives of images, compressed files, backups, movies, or sound files. BluSEO allows up to 25 megs of archive storage, ex. movies, sound files (including real audio files), images, compressed files, Real Audio or Video archives, etc. To ensure proper use, all HTML pages MUST be hyper-linked to files (.HTML, .JPG, .GIF, etc.) stored on BluSEO server.
Note: CGI chat scripts are also not allowed and are considered and abuse of unlimited bandwidth. Any cgi scripts that consume large amounts of CPU usage or memory are also not allowed. The user will be asked to remove any script that abuses system resources.
Any attempts to undermine or cause harm to a server is strictly prohibited and subject to termination on the spot with no warnings.
This contract and any supplemental terms, policies, rules and guidelines posted on our website constitute the entire agreement between you and us and supersede all previous or contemporaneous written or oral agreements. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.