Introduction
This is the formal agreement between
the customer, herein referred to as "Customer" and FooBlue Hosting, LLC, herin
referred to as "FooBlue". This contract
lays out the terms and conditions of service with Fooblue.
These terms and conditions are subject to change at any time without
notification. Change of these terms does not justify a refund, early
termination of a contract, or right to non-payment.
Responsibility
You are responsible for your sites
and all sites that you host to be in accordance with all rules on this page.
Misuse by you may result in actions on your account, including removal from the
host without a refund. In the case there is communication outside normal
support avenues, your identity will be confirmed with the security questions on
your account. If those do not exist, the name, email and street address will be
confirmed. All accounts are closely monitored for suspicious activity.
Bandwidth Overages
If the customer goes over the
monthly allowed bandwidth limit (Data Transfer Limit), FooBlue
reserves the right to charge a total of $0.05 USD Per Megabyte over the monthly
bandwidth limit. If the customer wishes, the account can be suspended at the
limit. It is the customer's responsibility to contact us if suspension is the
desired action.
Inappropriate Use
The service must not be used to publish, post, distribute or otherwise disseminate unlawful
material or information including, but not limited to: threatening, harassing,
defamatory, obscene, or fraudulent information and materials, or proprietary,
copyrighted, or otherwise intellectually protected information and materials
for which Customer does not have authorization or authority to possess or
distribute. The service must not be used to request unlawful services or
materials. The service must not be used for activities FooBlue
deems to impact its customers or its ability to deliver services to its
customers.
Refund Policy
Full 30 day,
money back guaranteed refund is for shared hosting only. Reseller and VPS
hosting are eligible for a partial refund of their first month, outside of our
licensing costs. To get a refund, submit a cancellation request through the
client area, cancellations are not accepted via email, ticket, chat, or email.
Dedicated, Colocation, and all other services are not
eliglible for a refund.
Acceptable Use Policy
The
distribution of any pornography or any obscene, abusive, defamatory or
threatening speech or material.
You may not host any site containing adult oriented content, including nudity
of any kind. Portal sites linking directly to adult oriented content are also
not acceptable. Intellectual Property Infringement
Any activity infringing on the intellectual property rights of others,
including copyrights, trademarks, service marks, trade secrets, and patents.
Spamming
Sending unsolicited commercial bulk email ("UCE"), news postings or
chain letters; advertising transmitting, or otherwise making available any
software, program, product, or service that is designed to facilitate sending
UCE; use of web pages that allow spamming (known as "ghost sites")
that directly or indirectly refers to domains or IP addresses hosted by FooBlue Hosting. FooBlue Hosting
reserves the right to determine in its sole discretion what constitutes UCE
based on the information available.
Sending any email to purchased lists or lists obtained by any other method
(such as harvesting) is not acceptable. Customers may only send email to
recipients who have joined mailing lists directly from their site. Your account
can be instantly suspended while you present a plan of action, and your server
can be cancelled without refund.
Maintaining an Open Email Relay
Allowing email to be sent through Customer's system by a third party (i.e.
neither to nor from Customer or Customer's accounts).
Fraud
Using a false identity; using "pyramid/ponzy" scheme; storage or transmission of any
intentionally incorrect data or packet. Use of the service to
collect, or attempt to collect, personal information about third parties
without their knowledge or consent.
Virus, Worm, or Trojan horse program distribution
The deliberate transmission of computer viruses, worms
or trojan software.
Denial of Service (DoS)
Using any technique to intentionally degrade or disable the delivery of any
legitimate data.
Glutting of servers
Oversized storage of any files that would be unreasonably large (ie. making a zip file filled with text files just to pad
the size). Your web space is not for data backup. It
is for hosting real sites.
Unauthorized Access
Attempting to gain unauthorized entry to any site or network, or any network or
host scanning, probing, monitoring or other information gathering associated
with such activity; using the Service to guess passwords.
Applications
Customer may not run any program or script on the server that runs constantly
or 'listens' on ports unless provided in the control panel or approved by the
host. This includes applications associated with chat services.
Public Forums
Inappropriate postings to newsgroups, chat rooms, electronic bulletin boards
and any other public forum on, or using, the Service.
Other
Any other activity deemed inappropriate by FooBlue Hosting.
Bulk Email
Customers sending bulk email must provide recipients with an easy and effective
mechanism for removal from bulk email list. Customer must have the source of
the addressee's addresses available on request by FooBlue.
CPU Usage
Sites may not use extreme unwarranted CPU usage. This includes usage of
"heavy" scripts or Flash/shockwave files. Heavy is defined as
oversized without cause, to the point where most users would be unable to view
them in a reasonable amount of time. No single site may consume 2% of CPU usage
for a sustained period of time.
Service Resale
Customer may not resell the Service or any portion of the Service unless under
a Reseller plan.
Password Protection
Customer is responsible for protecting passwords and for any authorized or
unauthorized use.
Music Files
Customer may not, without permission, have sound/video files in any format
(MP3, ASX, ASF, RA, RAM , QTV) due to the high rate of
illegal transfer of copy written material. This regulation does not apply to
personal music that the customer holds copyrights to.
Content Protection
Customer agrees to provide appropriate protection to prevent minors (persons
under 18 years of age) from accessing any unsuitable material that Customer
publishes via any Service.
Content Ownership
Customer is responsible for all content or information residing on, or
obtained, or transmitted via, the Service, regardless of whether such use is by
Customer.
File repository /Dump Sites
Customer may not use disk space as a file repository, or dump site. This
includes but is not limited too; warez, links to warez websites, serialz, sound
files, applications, zip files. This includes using the space in order to store
content used on other sites (remote linking). Examples of this would be using
the web space to store images for auction descriptions, flash or any other
files used on another site but stored on our server. Failure to follow this
rule will result in immediate account cancelation with no refund. Depending on
case, files may or may not be backed up.
Facilitating AUP Violation
Customer activity that facilitates the violation of this AUP by any party
constitutes a violation of this AUP by Customer.
AUP Enforcement
Violation of the AUP may subject Customer to international, federal, and/or
state civil and/or criminal liability, including without limitation, Washington
State Business & Professional Code. FooBlue
Hosting reserves the right in its sole discretion and without prior notice to
suspend and/or terminate Customer's access to the Service at any time for
violating this AUP.
FooBlue Hosting also reserves the right to suspend,
filter or block, and/or terminate Customer's access if Customer's account is
being used to exploit or attack the Service or the networks of others. If
Customer's account has been compromised and attempts to reach Customer and/or
to have Customer repair a breach of security fail, FooBlue
Hosting reserves the right to suspend or terminate Customer's service. If
Customer's access is suspended or terminated, FooBlue
Hosting, in its sole discretion, may refuse to accept all new e-mail sent to
the terminated e-mail address and delete Customer's data stored on Service. FooBlue Hosting will fully cooperate with law enforcement
authorities in the detection and prosecution of illegal activity.
Violation of Rules
Breaking any of these aforementioned rules may result in immediate account
suspension without refund, as well as criminal prosecution where deemed
necessary.
Limitation of Liability
FooBlue Hosting shall not be responsible for ANY claimed damages, including
incidental and consequential damages, which may arise from servers going
off-line or being unavailable for any reason whatsoever. Further, FooBlue Hosting shall not be responsible for any claimed
damages, including incidental or consequential damages, resulting from the
corruption, loss of, or deletion of any web site or data from one of FooBlue
azeWire Hosting servers. All damages shall be limited
to the immediate termination of service, refund of last hosting payment (Chosen
by FooBlue Hosting at their sole discretion), and/or
compensation for losses NOT in excess of USD$5 (Meaning FooBlue
Hosting will not be held responsible for any more than $5 US Dollars in any
losses or otherwise).
FooBlue Hosting shall be the sole arbiter of what is
and is not a violation of these acceptable use policies. FooBlue
Hosting reserves the right to terminate an account at any time and for any
reason that causes harm to any customer's web sites. FooBlue
Hosting reserves the right to delete all content and files upon termination. FooBlue Hosting reserves the right to withhold any pre-paid
funds for any site removed for violations of these policies.
FooBlue Hosting reserves the right to refuse, cancel,
or suspend service at our sole discretion. FooBlue
Hosting reserves the right to change these Policies without prior notice or
warning. Non-enforcement of any part of these Policies does not constitute
consent. FooBlue Hosting reserves the right to
decrease a customer's bandwidth and/or space allotted without warning.
IN SUMMARY, FAZEWIRE HOSTING AND ALL EMPLOYEES/OWNERS WILL NOT BE HELD
RESPONSIBLE FOR ANY LOSSES AT ALL THAT YOU AS A CUSTOMER MAY INCUR. IF THE
SERVER GOES OFFLINE WE WILL MAKE OUR BEST EFFORT TO GET IT BACK ONLINE AS SOON
AS WE IDENTIFY THE PROBLEM BUT MAKE NO GUARANTEE TO THE TIME REQUIRED TO
RESOLVE THE ISSUE. IF YOU DISAGREE WITH THESE TERMS, DO NOT ACCEPT THEM AND DO
NOT SIGN UP FOR OUR SERVICES.
Introduction
This is the formal agreement between
the customer, herein referred to as "Customer" and FooBlue Hosting, LLC, herin
referred to as "FooBlue". This contract
lays out the terms and conditions of service with Fooblue.
These terms and conditions are subject to change at any time without
notification. Change of these terms does not justify a refund, early
termination of a contract, or right to non-payment.
Responsibility
You are responsible for your sites
and all sites that you host to be in accordance with all rules on this page.
Misuse by you may result in actions on your account, including removal from the
host without a refund. In the case there is communication outside normal
support avenues, your identity will be confirmed with the security questions on
your account. If those do not exist, the name, email and street address will be
confirmed. All accounts are closely monitored for suspicious activity.
Bandwidth Overages
If the customer goes over the
monthly allowed bandwidth limit (Data Transfer Limit), FooBlue
reserves the right to charge a total of $0.05 USD Per Megabyte over the monthly
bandwidth limit. If the customer wishes, the account can be suspended at the
limit. It is the customer's responsibility to contact us if suspension is the
desired action.
Inappropriate Use
The service must not be used to publish, post, distribute or otherwise disseminate unlawful
material or information including, but not limited to: threatening, harassing,
defamatory, obscene, or fraudulent information and materials, or proprietary,
copyrighted, or otherwise intellectually protected information and materials
for which Customer does not have authorization or authority to possess or
distribute. The service must not be used to request unlawful services or
materials. The service must not be used for activities FooBlue
deems to impact its customers or its ability to deliver services to its
customers.
Refund Policy
Full 30 day,
money back guaranteed refund is for shared hosting only. Reseller and VPS
hosting are eligible for a partial refund of their first month, outside of our
licensing costs. To get a refund, submit a cancellation request through the
client area, cancellations are not accepted via email, ticket, chat, or email.
Dedicated, Colocation, and all other services are not
eliglible for a refund.
Acceptable Use Policy
The
distribution of any pornography or any obscene, abusive, defamatory or
threatening speech or material.
You may not host any site containing adult oriented content, including nudity
of any kind. Portal sites linking directly to adult oriented content are also
not acceptable. Intellectual Property Infringement
Any activity infringing on the intellectual property rights of others,
including copyrights, trademarks, service marks, trade secrets, and patents.
Spamming
Sending unsolicited commercial bulk email ("UCE"), news postings or
chain letters; advertising transmitting, or otherwise making available any
software, program, product, or service that is designed to facilitate sending
UCE; use of web pages that allow spamming (known as "ghost sites")
that directly or indirectly refers to domains or IP addresses hosted by FooBlue Hosting. FooBlue Hosting
reserves the right to determine in its sole discretion what constitutes UCE
based on the information available.
Sending any email to purchased lists or lists obtained by any other method
(such as harvesting) is not acceptable. Customers may only send email to
recipients who have joined mailing lists directly from their site. Your account
can be instantly suspended while you present a plan of action, and your server
can be cancelled without refund.
Maintaining an Open Email Relay
Allowing email to be sent through Customer's system by a third party (i.e.
neither to nor from Customer or Customer's accounts).
Fraud
Using a false identity; using "pyramid/ponzy" scheme; storage or transmission of any
intentionally incorrect data or packet. Use of the service to
collect, or attempt to collect, personal information about third parties
without their knowledge or consent.
Virus, Worm, or Trojan horse program distribution
The deliberate transmission of computer viruses, worms
or trojan software.
Denial of Service (DoS)
Using any technique to intentionally degrade or disable the delivery of any
legitimate data.
Glutting of servers
Oversized storage of any files that would be unreasonably large (ie. making a zip file filled with text files just to pad
the size). Your web space is not for data backup. It
is for hosting real sites.
Unauthorized Access
Attempting to gain unauthorized entry to any site or network, or any network or
host scanning, probing, monitoring or other information gathering associated
with such activity; using the Service to guess passwords.
Applications
Customer may not run any program or script on the server that runs constantly
or 'listens' on ports unless provided in the control panel or approved by the
host. This includes applications associated with chat services.
Public Forums
Inappropriate postings to newsgroups, chat rooms, electronic bulletin boards
and any other public forum on, or using, the Service.
Other
Any other activity deemed inappropriate by FooBlue Hosting.
Bulk Email
Customers sending bulk email must provide recipients with an easy and effective
mechanism for removal from bulk email list. Customer must have the source of
the addressee's addresses available on request by FooBlue.
CPU Usage
Sites may not use extreme unwarranted CPU usage. This includes usage of
"heavy" scripts or Flash/shockwave files. Heavy is defined as
oversized without cause, to the point where most users would be unable to view
them in a reasonable amount of time. No single site may consume 2% of CPU usage
for a sustained period of time.
Service Resale
Customer may not resell the Service or any portion of the Service unless under
a Reseller plan.
Password Protection
Customer is responsible for protecting passwords and for any authorized or
unauthorized use.
Music Files
Customer may not, without permission, have sound/video files in any format
(MP3, ASX, ASF, RA, RAM , QTV) due to the high rate of
illegal transfer of copy written material. This regulation does not apply to
personal music that the customer holds copyrights to.
Content Protection
Customer agrees to provide appropriate protection to prevent minors (persons
under 18 years of age) from accessing any unsuitable material that Customer
publishes via any Service.
Content Ownership
Customer is responsible for all content or information residing on, or
obtained, or transmitted via, the Service, regardless of whether such use is by
Customer.
File repository /Dump Sites
Customer may not use disk space as a file repository, or dump site. This
includes but is not limited too; warez, links to warez websites, serialz, sound
files, applications, zip files. This includes using the space in order to store
content used on other sites (remote linking). Examples of this would be using
the web space to store images for auction descriptions, flash or any other
files used on another site but stored on our server. Failure to follow this
rule will result in immediate account cancelation with no refund. Depending on
case, files may or may not be backed up.
Facilitating AUP Violation
Customer activity that facilitates the violation of this AUP by any party
constitutes a violation of this AUP by Customer.
AUP Enforcement
Violation of the AUP may subject Customer to international, federal, and/or
state civil and/or criminal liability, including without limitation, Washington
State Business & Professional Code. FooBlue
Hosting reserves the right in its sole discretion and without prior notice to
suspend and/or terminate Customer's access to the Service at any time for
violating this AUP.
FooBlue Hosting also reserves the right to suspend,
filter or block, and/or terminate Customer's access if Customer's account is
being used to exploit or attack the Service or the networks of others. If
Customer's account has been compromised and attempts to reach Customer and/or
to have Customer repair a breach of security fail, FooBlue
Hosting reserves the right to suspend or terminate Customer's service. If
Customer's access is suspended or terminated, FooBlue
Hosting, in its sole discretion, may refuse to accept all new e-mail sent to
the terminated e-mail address and delete Customer's data stored on Service. FooBlue Hosting will fully cooperate with law enforcement
authorities in the detection and prosecution of illegal activity.
Violation of Rules
Breaking any of these aforementioned rules may result in immediate account
suspension without refund, as well as criminal prosecution where deemed
necessary.
Limitation of Liability
FooBlue Hosting shall not be responsible for ANY claimed damages, including
incidental and consequential damages, which may arise from servers going
off-line or being unavailable for any reason whatsoever. Further, FooBlue Hosting shall not be responsible for any claimed
damages, including incidental or consequential damages, resulting from the
corruption, loss of, or deletion of any web site or data from one of FooBlue
azeWire Hosting servers. All damages shall be limited
to the immediate termination of service, refund of last hosting payment (Chosen
by FooBlue Hosting at their sole discretion), and/or
compensation for losses NOT in excess of USD$5 (Meaning FooBlue
Hosting will not be held responsible for any more than $5 US Dollars in any
losses or otherwise).
FooBlue Hosting shall be the sole arbiter of what is
and is not a violation of these acceptable use policies. FooBlue
Hosting reserves the right to terminate an account at any time and for any
reason that causes harm to any customer's web sites. FooBlue
Hosting reserves the right to delete all content and files upon termination. FooBlue Hosting reserves the right to withhold any pre-paid
funds for any site removed for violations of these policies.
FooBlue Hosting reserves the right to refuse, cancel,
or suspend service at our sole discretion. FooBlue
Hosting reserves the right to change these Policies without prior notice or
warning. Non-enforcement of any part of these Policies does not constitute
consent. FooBlue Hosting reserves the right to
decrease a customer's bandwidth and/or space allotted without warning.
IN SUMMARY, FAZEWIRE HOSTING AND ALL EMPLOYEES/OWNERS WILL NOT BE HELD
RESPONSIBLE FOR ANY LOSSES AT ALL THAT YOU AS A CUSTOMER MAY INCUR. IF THE
SERVER GOES OFFLINE WE WILL MAKE OUR BEST EFFORT TO GET IT BACK ONLINE AS SOON
AS WE IDENTIFY THE PROBLEM BUT MAKE NO GUARANTEE TO THE TIME REQUIRED TO
RESOLVE THE ISSUE. IF YOU DISAGREE WITH THESE TERMS, DO NOT ACCEPT THEM AND DO
NOT SIGN UP FOR OUR SERVICES.