All users/account holders/clients of BLUEINKIT.COM services are bound to these Use Policies without exception or debate.
These polices are enforced in order to maintain healthy servers and a worry free hosting environment for all users. These policies are strictly enforced and all users agree to and become bound by these policies upon submitting an application for an account on our servers.
In the event that any user disagrees with the policies as set forth, the user must terminate their account and cease all activity on BLUEINKIT.COM servers.
In the event that BLUEINKIT.COM does not act on any violation at first knowledge of such violations, does not constitute our consent, and BLUEINKIT.COM reserves the right to, at any time, act upon, and take necessary steps to cease such activity at our discretion.
Age. All users must be 18+ years of age to obtain and/or utilize our service.
Customer Service & Support:
Technical Support, Billing Issues, Account Inquiries, and all other communications between BLUEINKIT.COM and Clients are handled through our online SSL encrypted web forms located in our Customer Service Area on our website at https://www.blueinkit.com. These forms are available and monitored 24 hours a day.
All users are required to utilize the Customer Service Area to communicate with BLUEINKIT.COM.
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 BLUEINKIT.COM 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 distribute unsolicited email. Any customer repeatedly "mailbombed" or that attracts such behavior will be asked to leave. If you are not sure if your actions will be in violation, please ask first.
Any user found to be in violation of our spamming Policy will be immediately suspended and/or terminated from our server without any prior notice depending on the extent of, and necessary investigation of, all complaints received.
Spam Relaying:
Any account that uploads/contains any script that would allow spam to be relayed through our servers is in violation of these Policy’s. Users will be sent an email notice providing them with 1 hour to remove the offending script(s) from their account. If said scripts are not removed within the hour or complaints against the account continue after script removal, the offending account will be permanently terminated from our servers without further notice or access.
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. BLUEINKIT.COM 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, BLUEINKIT.COM will not substitute itself for a court of law in deciding tort claims raised by the third party.
Abuse of the law:
BLUEINKIT.COM 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. 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. BLUEINKIT.COM 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, will NOT be tolerated on BLUEINKIT.COM servers. Offending accounts will be terminated without prior notice or recourse and prompt legal action taken, including releasing all content of the users account, including email, to the proper legal authorities.
Abuse of Server Resources and Disk Space:
Running programs in the background on a BLUEINKIT.COM server without BLUEINKIT.COM prior written authorization, running chat rooms, Internet Relay Chat, IRC bots, and the like, are not acceptable uses of BLUEINKIT.COM servers and violator’s will be terminated from servers without prior notice or recourse.
BLUEINKIT.COM provides a shared hosting environment. Any activity that places a strain on any server, also places undo strain on others sharing the server. Any account consuming twenty percent (20%) or more of our system resources is an undue burden on our system and other users and is unacceptable. If your usage ever exceeds twenty percent (20%) of system resources you will be suspended without prior notice and given a strict time frame to resolve the issue.
Hacking/Cracking:
BLUEINKIT.COM reserves the right to report illegal activities to any and all regulatory, administrative, and/or governmental authorities for prosecution.
Traffic Usage Restrictions:
Each account plan comes with a pre-determined amount of bandwidth allowance. We monitor all usage of the domains residing on our servers. Sites that exceed or are reaching their allotted allowance will be contacted immediately to resolve the problem. Accounts exceeding their bandwidth allowance are required to pay a maximum of $10.00 per gig of traffic for each gig of traffic that exceeds their allotted amount. Following is a list of sites that will often require more than what is allotted for each account plan: Multiple domains residing in a single web hosting account, hosting accounts with archives or galleries, (i.e. .gif, .jpg, .exe, .zip, .tar, etc.), accounts offering download files, running scripts. (Note: This is only a sample list of sites that may consume more traffic than is what allowed them.)
System Resources:
If at any time your site extensively exceeds more than 20% of our systems resources in one day, your account will be deactivated immediately without notice and you will have to contact us for reactivation.
Other Behavior:
The following examples of unacceptable behavior are non-exclusive, and are provided for guidance purposes. If you are unsure if your actions will be a violation of our policies please ask prior to execution.
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 legal action will promptly be taken. The presence of any of these programs, whether or not running or executed, will result in legal action against the user including account termination.
Software & Script Installations:
BLUEINKIT.COM provides Softaculous App Installer in all users cPanels. This installer is populated with numerous php scripts such as WordPress, Joomla, etc. and makes installation and management of said scripts easy for all users. Because outdated scripts are a violation of our Use Policy, all installations must be set to auto upgrade. Softaculous provides users the ability to automatically update scripts, automatically run backups on their chosen schedule, and more. Additionally, Softaculous sends weekly emails to any account with outdated installation(s), after 30 days any account found with an outdated installation will be suspended and user will be required to contact us for unsuspension.
User Responsibility:
All users are responsible for all activity originating from their account unless proven to be a victim of outside hacking or address forgery. The user is responsible for securing their username/password. Use of BLUEINKIT.COM’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. Front Page web publishing: knowledge of the Front Page 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 BLUEINKIT.COM to provide this knowledge or support outside matter specific to BLUEINKIT.COM’s servers.
Account Backups:
System Backups are ran nightly. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. We STRONGLY recommend that users perform their own backups and download them to their computers. System backups are made for server restoration purposes only. It is the users responsibility to maintain local copies of their web content and any other information that is stored in their web hosting account. If loss of data occurs due to an error of BLUEINKIT.COM, BLUEINKIT.COM will attempt to recover the data at no charge to the user. If data loss occurs due to negligence of user in securing their account or by an action of the user, BLUEINKIT.COM will attempt to recover the data from the most recent archive for a $50.00 fee. Although we attempt to recover backups, we must stress to you, we can not guarantee the quality of or the lack of any results. All users have the ability to back up their entire account by utilizing the feature inside their control panels, we recommend that backups be performed after any changes to users sites.
IP Addresses:
BLUEINKIT.COM maintains control and ownership of all IP addresses that may be assigned to users and reserves in its sole discretion the right to change or remove any and all IP addresses.
Resellers:
Resellers and their clients are bound by these same Policies. By purchasing and reselling BLUEINKIT.COM services, you hereby agree that BLUEINKIT.COM 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 BLUEINKIT.COM. It is the legal duty and obligation of the Reseller to provide these policies and guidelines to its client(s).
Any person(s) applying to become a reseller for BLUEINKIT.COM agrees to comply with our Policies and agrees to enforce such Policies on their clients. Reseller’s are responsible for billing and supporting their own clients while BLUEINKIT.COM bills and supports its Reseller(s). Additionally, Resellers are required to maintain open communications with their clients in order for their clients to obtain technical support, resolve billing issues, and any other issues regarding their account on our servers.
In the event that a Reseller fails to meet their obligations as a web hosting provider, violates BLUEINKIT.COM policies, fails to pay fees due on designated due date, risks suspension or is suspended, BLUEINKIT.COM reserves the right to open communications with Reseller(s) clients in order to assist that client in maintaining a live account on BLUEINKIT.COM servers.
Billing & Payments:
The billing name that will appear on all credit card and banking statements will be BLUEINKIT.COM.
Month to Month Accounts: Accounts are setup on automatic monthly recurring payments which are processed on the 14th or 28th of each month whichever preceeds the account signup date.
Yearly Paid Accounts: Unless user requests their account be setup on Annual Auto Recurring Billing (see below), payments are due 24 hours before the anniversary of the account setup date. An email notice will be sent to user 48 hours before users anniversary date containing instructions for making payment. This email is sent to the email address on file for the users account.
Annual Auto Recurring Billing: Accounts without domain registration renewal(s) fees will be processed 24 hours before the anniversary of the account setup date. If domain registration renewal is included, fees will be processed 45 days prior to the accounts anniversary date. This is required because the registrar processes domain registrations set for auto renewal 40 days prior to the domain names expiration date.
Domain Name Registration Renewals: Unless user requests their domain registrations renewals setup to auto renew (see below), beginning 45 days prior to the domain registration expiration date, the registrar will start sending expiration notices to the “Registrants email address” at which time the Registrant will need to visit the Customer Service Area on our website and submit the “Renew Domain Registration” form.
Auto Domain Registration Renewal: Domain registrations set to auto renew will be automatically renewed 45 days prior to the domain registration expiration date. This is required because the registrar processes auto registration renewals 40 days prior to the domains expiration.
Invoices / Statements: Upon successful payment a receipt is automatically sent to the email address on file for the account.
Unpaid Accounts: In the event that a users credit card is declined for their fees we will email the client and provide them 24 hours to update the billing method so that fees due can be processed. In the event that new billing information is not provided within time given, the account in question will be suspended until unpaid fees are paid including a $35.00 account suspension fee. Any account suspended will be deleted from our servers after 15 days.
Chargebacks / Reversal of Fees: In the event that any client performs chargeback(s) / reversal of fees for services rendered, the account in question will be suspended immediately, without notice to client. An email will be sent to the client requesting fees be paid along with a $45.00 administrative handling fee and a $35.00 account suspension fee. All communications with client, including account activation request, support requests, and all other correspondence between BLUEINKIT.COM and client are maintained in the event of any dispute. Any account suspended will be deleted from our servers after 15 days.
Returned Checks: Upon receipt of a returned check, the account in question will be immediately suspended. An email will be sent to the client requesting fees be paid along with a $50.00 return check fee and $35.00 account suspension fee. In the event that the fees are not paid, the check will be turned over to our legal department or 3rd party collection agency for collection. Any account suspended will be deleted from our servers after 15 days.
REFUNDS:
Month-to-Month Paying Clients: Should you become unsatisfied with our services within the first 30 days of your account activation, BLUEINKIT.COM will refund your hosting fee.
Annual Paying Clients: Clients paying their accounts for a year in advance ARE NOT ELIGIBLE for refunds. We ask that all clients try us for 30 days before paying for a year.
Reseller’s: In the event that you become unsatisfied with our services within 30 days of your reseller account activation, only your initial account fees will be refunded. We can not be HELD LIABLE for any fees that you charge your clients and will NOT refund such fees.
Domain Registration Fees: New domain registration fees, and domain registration renewal fees are non-refundable for any reason. Please refer to ICANN’s policies.
Limitation Of Liability:
BLUEINKIT.COM shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from BLUEINKIT.COM’s servers going off-line or being unavailable for any reason whatsoever. Further, BLUEINKIT.COM 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 BLUEINKIT.COMs servers. All damages shall be limited to the immediate termination of service.
BLUEINKIT.COM shall be the sole arbiter of what is and is not a violation of these acceptable use policies. BLUEINKIT.COM reserves the right to terminate an account at any time and for any reason that causes harm to any BLUEINKIT.COM customer’s web sites. BLUEINKIT.COM reserves the right to delete all content and files upon termination. BLUEINKIT.COM reserves the right to withhold any pre-paid funds for any site removed for violations of these policies. BLUEINKIT.COM reserves the right to refuse, cancel, or suspend service at our sole discretion.
BLUEINKIT.COM reserves the right to change these Policies without prior notice or warning. Non-enforcement of any part of these Policies does not constitute consent. All users should re-visit and review these policies monthly.
Indemnification:
All account holders agree to indemnify, defend, and hold harmless BLUEINKIT.COM, its directors, officers, employees and agents from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of server downtime, user domain registration expiration or loss of, account hack, or any act that may cause user loss of any opportunity or interruption of business. This indemnification obligation will survive the termination or expiration of this Agreement.
Governing Law:
Except as otherwise set forth in the Dispute Policy with respect to disputes, this Agreement, your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of the United States of America and the State of Virginia as if the Agreement was a contract wholly entered into and wholly performed within the State of Virginia, Except as otherwise set forth in the Dispute Policy with respect to disputes, any action to enforce this Agreement or any matter relating to your use of the private registration service site shall be brought exclusively in the United States District Court for the State of Virginia.
Violation Of Policies:
Violations of these Policies should be referred to legal.admin@blueinkit.com. All complaints will be investigated promptly.