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Acceptable Use Policy - Terms and Conditions
Blue Host provides web hosting to numerous clients all over the
world, which means that we have a responsibility to protect each
client and to provide the best services available. The following
guidelines were established to ensure these crucial obligations
are met.
These Policies, Guidelines, and Disclaimer are intended for all
domains residing on Blue Host servers, including regular hosting
clients, resellers, and their clients. We ask that all clients
reselling our hosting services in any way, including those
providing non-virtual hosting services, implement these same
Policies, Guidelines, and Disclaimers into their own web sites
to ensure that the same are understood and met by their clients.
RESELLERS
The term "Reseller" covers any physical or legal entity who
purchases any service from Blue Host with the purpose of
reselling it, in full or partially, to a third person ("Client").
Resellers and their clients are bound by these same Policies,
Guidelines and Disclaimers. By reselling and purchasing Blue Host
services, you hereby agree that Blue Host shall not be held liable
for any promises or failure of same that Reseller's extend to
their clients, including but not limited to, quality of service,
financial obligations, financial losses or any other claim NOT
provided to Reseller in writing by Blue Host. It is the legal
duty and obligation of the Reseller to provide these policies
and guidelines to its client(s).
TRAFFIC RESTRICTIONS
Our packages are all designed to allow for bandwidth maximums,
each dependent upon the package that you have chosen for your
domain. None of our packages come with unlimited bandwidth.
We have the option within our Domain Management System to allow
any of the domains that exceed these bandwidth parameters to be
automatically suspended. We no longer do that because our clients
indicated to us that they prefer to have their sites remain
operative. Therefore when your site(s) exceed bandwidth parameters,
we must monitor bandwidth usage and adjust your billing histories
accordingly. Right now, when we find a domain has exceeded their
bandwidth allotment, we charge $20.00/GB of overage to the client's
account.
If you pre-purchase extra bandwidth, you will be charged at the
following rates:
One (1) GB increments - $15.00/GB
Ten (10) GB increments - $14.00/GB
Twenty-five (25) GB increments - $12.00/GB
UNACCEPTABLE ACTIVITIES
These include spamming (sending unsolicited advertising to those
with which the customer has no existing business relationship,
posting off-topic advertising in newsgroups); spoofing (using a
return email address which is not the valid reply address of the
sender or sending an email message which does not contain enough
information to enable the recipient to identify the party who is
really sending the message; passive spamming (promoting a web
site hosted by Blue Host by spamming from some other source),
trolling (posting controversial messages in newsgroups to
generate responses), mailbombing (inundating a user with email
without any serious intent to correspond), generating a higher
volume of outgoing mail than a normal user (20% or more of
available system resources), and subscribing someone else to an
electronic mailing list without that person's permission. A
message is considered unsolicited if it is posted in violation
of a newsgroup charter or sent to a recipient who has not
requested the message. Making an email address available to the
public does not constitute a request to receive messages.
Distribution of mass emailing programs is also prohibited. All
recipients on a mailing list must have personally subscribed.
Mailing lists may not be used to distributed unsolicited email.
Any customer repeatedly "mailbombed" or that attracts
such behavior will be asked to leave. We also do not allow sites selling spamware.
Age
The client must be 18 years of age to obtain our service.
Abuse of the legal rights of others
Examples of unacceptable activities in this regard include
posting private information about a person without their consent,
infringing intellectual property rights, defaming a person or
business, and knowingly making available code which will have a
deleterious effect on third party computers. Blue Host supports
free speech on the Internet, and will not suspend or cancel a
customer’s account simply because it disagrees with the
views expressed by the customer. Where there are allegations
that a customer’s on-line activity has violated the legal
rights of a third party, Blue Host will not substitute itself
for a court of law in deciding tort claims raised by the third
party.
Abuse of the law
Blue Host’s services may be used for lawful purposes only.
Illegality includes but is not limited to: drug dealing;
attempting without authorization to access a computer system;
pirating (distributing copyrighted material in violation of
copyright law, specifically MP3s, MPEG's, ROMs, and ROM emulators);
gambling; schemes to defraud; trafficking in obscene material;
sending a message or having content that is obscene, lewd,
lascivious, filthy, or indecent with intent to annoy, abuse,
threaten, or harass another person; threatening bodily harm or
damage to individuals or groups; violating U.S. or other country's
export restrictions; stalking; or violating other state or federal
law such as the Electronic Communications Privacy Act, the
Computer Fraud and Abuse Act, or the Economic Espionage Act.
Linking to illegal material is also prohibited. Blue Host reserves
the right to check system files, email, and other data on our
servers for illegal content and materials, or for any other
reasons deemed necessary.
Pornography
Pornography and sex-related merchandising, or links to such
material, even if legal, is not an acceptable use of Blue Host’s
servers.
Abuse of server resources
Running programs in the background on a Blue Host’s server
without Blue Host’s prior written authorization, or running
chat rooms, Internet Relay Chat, IRC bots, and the like are not
acceptable uses of Blue Host’s servers. Further, any usage
of twenty percent (20%) or more of our system resources is an
undue burden on our system and is unacceptable. If your usage
ever exceeds twenty percent (20%) of system resources, you will
be contacted and asked to eliminate the problem. In addition,
any domain that exceeds ten gigabytes (10 GB) of bandwidth
traffic can be terminated without prior notice.
Hacking, cracking
Blue Host reserves the right to report illegal activities to
any and all regulatory, administrative, and/or governmental
authorities for prosecution.
OTHER BEHAVIOR
The following examples of unacceptable behavior are non-exclusive,
and are provided for guidance purposes.
Server broadcast messages or any message sent on an intrusive
basis to any directly or indirectly attached network Attempt to
circumvent any user authentication or security of host, network,
or account. Accessing data not intended for user. Probing the
security of any network. Spawning dozens of processes. Port
scans, ping floods, packet spoofing, forging router information,
Denial of Service attacks, sniffers, flooding, spoofing, ping
bombing, smurfs, winnuke, land, teardrop. Promulgation of viruses.
IRC bots such as eggdrop or BitchX. Any activity, whether or not
the intrusion results in the corruption or loss of data, will be
investigated and proper action taken. The presence of any of
these programs, whether or not run, will result in action against
the user including suspension or termination.
CLIENT RESPONSIBILITY
The client is responsible for all activity originating from the
account unless proven to be a victim of outside hacking or
address forgery. The client is responsible for securing their
username and password. Use of Blue Host's service requires a certain
level of knowledge in the use of Internet languages, protocols,
and software. This level of knowledge varies depending on the
anticipated use and desired content of the web space by the
client. The following examples are offered: Web Publishing:
requires knowledge of HTML, properly locating and linking documents,
FTPing Web contents, Graphics, text, sound, image mapping, etc.
FrontPage web publishing: knowledge of the FrontPage tools as
well as Telnet and FTP understanding and capability. CGI-Scripts:
requires a knowledge of the UNIX environment, TAR & GUNZIP
commands, Perl, CShell scripts, permissions, etc. Mail: a use
of mail clients to receive and send mail, etc. The client agrees
that he or she has the necessary knowledge to create and maintain
their web space. Client agrees that it is not the responsibility
of Blue Host to provide this knowledge or support outside matter
specific to Blue Host's servers.
BACKUPS
Full backups are made weekly, and backups of new or changed data
made nightly. No guarantees are made of any kind, either expressed
or implies, as to the integrity of these backups. Backups are made
for server restoration purposes only. It is the clients’
responsibility to maintain local copies of their web content any
information. If loss of data occurs due to an error of Blue Host,
Blue Host will attempt to recover the date for no charge to the
client. If data loss occurs due to negligence of client in securing
their account or by an action of the client, Blue Host will attempt
to recover the data from the most recent archive for a $75.00 fee.
IP NUMBERS
Blue Host maintains control and any ownership of any and all I.P.
numbers and addresses that may be assigned to the client and
reserves in its sole discretion the right to change or remove
any and all IP numbers and addresses.
MONEY BACK GUARANTEE
Should you become unsatisfied with our services within the first
30 days of your account activation, Blue Host will refund your
hosting fee.
Blue Host does not refund fees which you have paid to InterNIC.
LIMITATION OF LIABILITY
Blue Host shall not be responsible for any claimed damages,
including incidental and consequential damages, which may arise
from Blue Host’s servers going off-line or being unavailable
for any reason whatsoever. Further, Blue Host shall not be
responsible for any claimed damages, including incidental or
consequential damages, resulting from the corruption or deletion
of any web site from one of Blue Host’s servers. All damages
shall be limited to the immediate termination of service.
Blue Host shall be the sole arbiter of what is and is not a
violation of these acceptable use policies. Blue Host reserves
the right to terminate an account at any time and for any reason
that causes harm to any Blue Host customer's web sites. Blue Host
reserves the right to delete all content and files upon termination.
Blue Host reserves the right to withhold any pre-paid funds for
any site removed for violations of these policies. Blue Host
reserves the right to refuse, cancel, or suspend service at our
sole discretion.
Blue Host reserves the right to change these Policies without
prior notice or warning. Non-enforcement of any part of these
Policies does not constitute consent.
Violations of these Policies should be referred to abuse@bluehost.org
All complaints will be investigated promptly.
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