Terms of Service

Blue River Hosting Shared Hosting Terms of Service

Blue River Hosting provides web hosting services to subscribers around the world. The following terms of service are designed to provide the highest level of service available.

Content

All services provided by Blue River Hosting are to 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 Local law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, material that jeopardizes national security, or material protected by trade secret or other laws. The subscriber agrees to indemnify and hold harmless Blue River Hosting, from any claims resulting from the subscriber’s use of Blue River Hosting’s services which damages the subscriber or any other party.

Note: Pornography and sex related merchandising are prohibited on any Blue River Hosting shared account. This includes sites that may imply sexual content, or link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to Blue River Hosting servers or any other server on the Internet. Links to such materials are also prohibited.

Examples of prohibited content or links lude (but are not limited to):

IRC Software
Pirated software
Hacking sites, programs or archives
Warez Sites
Distribution of music files or any other material in which the account holder does not own the copyright.
Adult Sites
Game Servers (dedicated game server programs)

Blue River Hosting will be the sole arbiter as to what constitutes a violation of this provision. Content that does not meet these standards will be removed without prior notice to the subscriber.

Housing of any of the following files is considered a violation of the terms of service:

IRC – We currently do not allow IRC, Egg Drops, BNC, or IRC bots to be operated on our servers or network. Files with references to IRC or any likeness thereof are prohibited. Also any program that acts like an IRC server or that provide chat functions that run as background processes are not allowed.
Proxies – We do not allow proxy servers of any kind, whether for personal or business use. Files with references to any proxy or likeness thereof are prohibited.
PortScanning – We do not allow any kind of portscanning to be done on or from our servers or network.
Commercial Advertising – Email –
- High volume email deployments of any type are not permitted with any Blue River Hosting shared account.
- Spamming, i.e. the sending of unsolicited email, from any Blue River Hosting server or any server located on the Blue River Hosting network is STRICTLY prohibited. Blue River Hosting will be the sole arbiter as to what constitutes a violation of this provision. This also includes Optin Optout mail programs and mail that either directly or indirectly references a domain contained within an account at Blue River Hosting.
- Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by Blue River Hosting customers must be Closed-loop (“Confirmed Opt-in”). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing or selling lists of email addresses from 3rd parties for mailing to or from any Blue River-hosted domain, or referencing any Blue River Hosting account, is prohibited.
- Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, text-bombing, unsolicited bulk text messaging or denial of service attacks is prohibited.
- Email address cultivating, or any unauthorized collecting of email addresses without prior notification of the email address owner is strictly prohibited.
- Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org is prohibited.
ShoutCast Servers – We do not allow Shoutcast Servers due to bandwidth and load issues.
Background Running Programs – We ask that users request permission before enabling persistent background processes of substantial load.
PHP Shell – PHP Shells or any likeness thereof are prohibited. Files with any reference to PHP Shells or likeness thereof are prohibited.
Server Abuse – Any attempts to undermine or cause harm to a Blue River Hosting server or subscriber of Blue River Hosting is strictly prohibited including, but not limited to:
- Logging into a server or account that you are not authorized to access
- Accessing data or taking any action to obtain services not intended for you or your use
- Attempting to probe, scan or test the vulnerability of any system, subsystem or network
- Tampering, hacking, modifying, or otherwise corrupting or breaching security or authentication measures without proper authorization
- Transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computer’s functionality or the operation of the System
- Interfering with, intercepting or expropriating any system, data or information
- Interfering with service to any user, host or network including, without limitation, by means of overloading, “flooding,” “mailbombing,” or “crashing” any computer system

You will be held responsible for all actions performed by your account whether it be done by you or by others.

All sub-networks of Blue River Hosting and all dedicated servers must adhere to the above policies.

Scheduled Maintenance and Downtime

Blue River Hosting will use its commercially reasonable efforts to provide services 24 hours a day, seven days a week. Subscriber acknowledges that from time to time the services may be inaccessible or inoperable for various reasons, including periodic maintenance procedures or upgrades (“Scheduled Downtime”); or service malfunctions, and causes beyond Blue River Hosting’s control or which are not reasonably foreseeable by Blue River Hosting, including the interruption or failure of telecommunications or digital transmission links, hostile network attacks, or network congestion or other failures. Blue River Hosting will provide at least 48 hours advance notice to the subscriber for Scheduled Downtimes, and will use commercially reasonable efforts to minimize any other disruption, inaccessibility and/or inoperability of its web servers. Blue River Hosting has no responsibility for downtime resulting from a user’s actions. Also, the 100% network uptime guarantee does not apply for shared accounts.

Refunds

Refunds will be posted for FULL months only, with the exception of plans including a 30 day money back guarantee (shared hosting only). Virtual Dedicated, Virtual Private, and Dedicated servers are not included for the 30 Day Money Back Guarantee. Notice of cancellation must be given before the month in question begins. Setup fee is NON refundable. $14.95 will be deducted from the money refunded if the user’s domain was registered via Blue River Hosting’s free domain registration method.

Any violation of Blue River Hosting’s Terms of Service Agreement shall result in no refund.

Promotional Use

Blue River Hosting may refer to You, Your company, or your logo’s for promotional purposes. Your company name, logos and the services that were provided to the customer by Blue River Hosting may be used in promotional materials, advertising, marketing releases, newsletter, public disclosures and on the Blue River Hosting website. This reference will be strictly limited to disclosure that Blue River Hosting has provided services to the company and will not contain any confidential, sensitive or proprietary information in such a reference. The reference will also not provide any personally identifiable information about the individual or technical information regarding the server configuration and design used by the customer at Blue River Hosting. However, Blue River Hosting may disclose any information requested by law enforcement or when compelled by court order, applicable laws or regulations.

Any work or professional services performed or provided by Blue River Hosting under this Agreement shall not be deemed .Work For Hire, but Blue River Hosting shall grant a non-exclusive, non-transferable license to You, for the duration of this Agreement, its employees, affiliates, and third parties commissioned by Blue River Hosting.

Microsoft Software License Policy.

Microsoft, as well as Blue River Hosting company policy, does not allow mixing of Microsoft license ownership. For an example, a customer cannot use a Blue River Hosting purchased Windows Server license in conjunction with their own customer license of MSSQL or any other Microsoft Product. This is a violation of Microsoft’s licensing policies. The customer would have to obtain all Microsoft licenses through Blue River Hosting. In some instances, we can allow the customer to supply all Microsoft licensed products, including the OS. However, all licenses must be provided by the customer and may not be mixed with Blue River Hosting licensed Microsoft products. Any questions regarding this policy can be addressed to sales@blueriverhosting.com

Limitations on Use

Any account using 15% or more of the server CPU or memory can be suspended and/or terminated.

Any account that uses excessive amounts of bandwidth can and will be subjected to bandwidth throttling.

Background Processes. Unauthorized background processes shall result in immediate termination of the account. Blue River Hosting maintains the right to cancel accounts at its discretion.

Account Setup, Termination, and Billing:

The account will be charged on the day the order is processed, regardless of the account billing date. The account will not be charged again until the next month’s billing cycle. Billing dates are recurring on the day the account was opened.

Check Orders: Accounts for subscribers who wish to pay by check will be setup when the check is received by Blue River Hosting

Disabling of accounts due to overdue payment: Accounts will be disabled if payment is not received within 14 days of the invoice date.

If your account has been disabled, you may be charged a reconnection fee of up to $50 in order to re-enable your account.

Termination of accounts due to overdue payment: If the account is not paid within 30 days of the invoice date, the account will be terminated and all information within the account will be deleted.

Cancellation Procedure: Valid proof of account ownership will be required to terminate an account. This includes, but is not limited to, billing information in the form of a partial credit card number or other payment information, or the billing password. Non-secure information, such as the contact email address or account billing address, is not sufficient as a security verification.

Parked Domain Names: There is a one-time fee of $15 for parking additional domain names. This fee is nonrefundable.

Virtual Domain Names: Additional domains that point to a sub folder (Virtual Domains) are $5 per domain per month. This is a nonrefundable fee.

Domain Name Transfers: Blue River Hosting shall not be held responsible for domain transfers. The account holder is responsible for completing any necessary domain name transfers.

Free Domain Name Registration: Blue River Hosting will register any available .comorg, or .net domain for free upon creation of a new account. The free domain offer does not apply to existing accounts, or to orders that did not request the free domain registration at the time the order was placed.

Free registration is for the first year only, subsequent renewals are $25 per year that the domain is renewed for.

If Free SSL Secure Certificate was chosen in lieu of the 5 free domain names (on Professional Plan promotional offer only) this offer extends to the first year the certificate is issued and is for new signups only. Payment for subsequent certificate renewal is the sole responsibility of the customer and must be made in advance prior to certificate renewal. Please contact support@blueriverhosting.com for renewal requests.

Courtesy Services for Customers

All services such as backup and Cpanel are provided for the courtesy of the subscriber. It is the sole responsibility of the subscriber to maintain the subscriber’s own backup of any data. Blue River Hosting is not responsible for lost data or for lost data due to third party software that is not maintained by Blue River Hosting programming staff. (Cpanel is not associated with Blue River Hosting)

Limitation of Damages

Recovery of damages from Blue River Hosting may not exceed the amount of fees it has collected on the account.

General

These Terms of Service are a legally binding contract between the subscriber and Blue River Hosting

By opening an account, the subscriber agrees to the above-stated terms.

Anything not listed in the Terms of Service is open to interpretation and change by Blue River Hosting administrators without prior notice.

All prices, with the exception of the 30-day money back guarantee, are nonrefundable and nonnegotiable.

The 30-day money back guarantee does not pertain to Virtual Dedicated and Full Dedicated server plans.

Any violation of these Terms of Service will result in termination of the account. Blue River Hosting maintains the right to terminate accounts without prior notification.

We reserve the right to remove any account with 15 days prior notice.

Dispute Resolution

Any dispute between Blue River Hosting and a subscriber shall be determined by arbitration conducted by the Canadian Arbitration Association pursuant to its commercial arbitration rules. The arbitrator shall decide any dispute in accordance with Ontario law, without the application of choice of law priples. Each party shall bear its own expenses and legal fees for the arbitration. The arbitration shall be conducted in Trenton, Ontario, unless both parties agree in writing to a different location. The arbitration award is enforceable as a judgment of any court having proper jurisdiction.

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