User Eligibility

You represent and warrant that you are the person legally responsible for all use of this account, and are at least 18 years of age. If you are under 18 years of age, you must have parental consent in order to participate, and the account must be opened and maintained by a parent or legal guardian, in their name. You agree to provide BlueSoap Website Hosting with your full legal name, postal address, telephone number and an email address that is not hosted through BlueSoap Website Hosting for our records, and you have a continued obligation to keep this information current. You also agree that you are an authorised user of any credit card that you supply to BlueSoap Website Hosting, and you understand and agree that BlueSoap Website Hosting has an obligation to fully investigate any possible fraudulent credit card use.

Contents of Messages

You are responsible for the contents of your messages and your web site and the consequences thereof. You agree not to do anything that would restrict or inhibit any other user from using and enjoying the Internet. You further agree not to use BlueSoap Website Hosting to post any content or send any messages or material that are unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene or may constitute a criminal offense, give rise to civil liability or encourage conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law, regulation or court order. BlueSoap Website Hosting reserves the right to terminate your account without prior notice if BlueSoap Website Hosting becomes aware of and determines, in its sole discretion, that you have violated any of the foregoing guidelines.

Unlawful and Prohibited Use

As a condition of your use of BlueSoap Website Hosting services, you warrant to BlueSoap Website Hosting that you will not use BlueSoap Website Hosting services for any unlawful purpose.

You agree to abide by all applicable local, state, national and international laws and regulations regarding your use of BlueSoap Website Hosting services.

Terms of Payment

You agree to pay BlueSoap Website Hosting appropriate payment for the services received from BlueSoap Website Hosting in advance of the time period during which such services are provided. You agree to provide BlueSoap Website Hosting with current billing and contact information, and you authorise BlueSoap Website Hosting to bill all accounts and related charges to the credit card on file if one is provided. You further understand that until and unless you notify BlueSoap Website Hosting of your desire to cancel any or all services received, and you complete the cancellation process, those services will be billed on a recurring basis. In order for the account to be cancelled, it must be paid in full at the time of cancellation. You agree that prepayments will be billed and charged automatically, and that BlueSoap Website Hosting may apply the amount due to the provided card at any time.

If your credit card is denied for any reason on the first attempt, BlueSoap Website Hosting will automatically resubmit your card for the amount due on a weekly basis.

Each account has resource quotas; it is the account owner’s responsibility to monitor usage. Any quota excess is payable by the account owner.

Appropriate Content and Account Limits

The following services are not allowed on BlueSoap Website Hosting servers:

Any process that requires more than 0.50 MB of memory space, more than 0.10 CPU seconds or uses more than 0.10% of any available system resources at any time or otherwise threatens the stability of the server.

Interactive real-time chat applications that require server resources.

Software that performs functions for any site not within the account.

Stand-alone, unattended server-side processes (including daemons).

Software that interfaces with an IRC (Internet Relay Chat) network.

Data archives of any kind, including backups, video and audio archives.

Tracking software that logs information available through server logs.

The following limits apply to all accounts:

Image galleries must not exceed 200mb.

No individual file may exceed 120 mb.

Databases are only to be used for BlueSoap Website Hosting hosted websites, and no outside access will be granted.

No cron job (time based scheduler) may run more than once every two hours.

You agree not to interfere with the operation of the system. You further agree not to interfere with the proper operation of other systems reachable through the Internet, including any attempt at unauthorised access. You agree to adhere to system policies as published by BlueSoap Website Hosting, including restrictions on services available with each service type, restrictions on certain features, and all other policies. You agree to abide by any and all future BlueSoap Website Hosting policy decisions. Failure to observe these policies may include suspension or termination of your account without notice.

You are responsible for keeping a copy of your most current web site files as backup on a remote system. BlueSoap Website Hosting is not responsible for any lost files, information or data, including but not limited to such losses that are a direct result of BlueSoap Website Hosting’s negligence.

Zero Tolerance Spam Policy

BlueSoap Website Hosting takes a zero-tolerance stance against sending unsolicited email, commonly known as spam. The accounts of any user who sends spam will be terminated without notice, and the account holder will be billed at a rate of $100 per recipient to whom the message was sent, regardless of whether the messages were sent from a BlueSoap Website Hosting server or from another server advertising a site hosted on BlueSoap Website Hosting servers. All commercial mailings must also comply with the CAN-SPAM act and all other applicable laws.

Monitoring of Service

You agree that BlueSoap Website Hosting has the right to monitor the service electronically from time to time and to disclose any information as necessary to satisfy the law, or to protect itself or its subscribers. BlueSoap Website Hosting reserves the right to remove or to refuse to post any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable or in violation of this agreement. BlueSoap Website Hosting reserves the right to monitor any and all communications through or with its facilities. You agree that BlueSoap Website Hosting is not considered a “secure communications medium” for the purposes of the ECPA, and that no expectation of privacy is afforded.

15-Day No Questions Asked Money-Back Guarantee

We stand behind our services and offer a 15-day no questions asked money-back guarantee. If at any point during the first 15 days of your stay with us you find our services do not meet your needs, we will refund your money in full except for cost of domain registrations.

Uptime Guarantee

We know that your web site is valuable to you and we firmly stand behind the quality of our services. If your web site or email service is unusable as a result of a direct failure in our systems and for reasons other than previously announced scheduled maintenance we’ll credit your next invoice with one hour of hosting for each one hour of service interruption; up to 10% of your next pre-paid hosting renewal fee. Credits may not be converted into refunds; other restrictions may apply. Service credits may be denied at the sole discretion of BlueSoap Website Hosting.

Refund and Pricing Change Policy

Except as stated herein, BlueSoap Website Hosting offers absolutely no refunds under any conditions. BlueSoap Website Hosting reserves the right to change prices at any time, with or without any notice.

Termination

BlueSoap Website Hosting may terminate this agreement and your access to any or all BlueSoap Website Hosting related services at any time, with or without cause, effective immediately, and without any refund of any kind, including but not limited to refunds for pre-paid services. BlueSoap Website Hosting shall have no responsibility to notify any third-party providers of services, merchandise or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. Any outstanding amount due on the account will still be payable.

You may terminate this Agreement at any time by contacting the support department at BlueSoap Website Hosting, which will then provide you with a form that must be completed in full and returned to confirm cancellation. No refund shall be issued. BlueSoap Website Hosting must receive all completed and correct termination requests, in writing, at least 30 days in advance of contract renewal date. Account to be cancelled must be paid in full at the time of cancellation.

All plans automatically renew every period, unless cancellation is requested in writing at least 30 days before renewal time.

Relationship of the Parties

Nothing contained in this Agreement shall be construed as creating any agency, legal representative, partnership or other form of joint enterprise between the parties. Neither party shall have authority to contract for or bind the other in any manner whatsoever.

Disclaimer of Warranties/Limitation of Liability

The BlueSoap Website Hosting hosting service provided is provided on an “as is”, “as available” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. BlueSoap Website Hosting expressly disclaims any representation or warranty that the BlueSoap Website Hosting service will be error-free, timely, secure or uninterrupted. No oral advice or written information given by BlueSoap Website Hosting, its employees, licensors or agents will create a warranty; nor may you rely on any such information or advice.

Under no circumstances, including negligence, will BlueSoap Website Hosting or its affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the BlueSoap Website Hosting service, including but not limited to reliance on any information obtained via the BlueSoap Website Hosting service; or that result from mistakes, omissions, interruptions, deletions of files or e-mail, loss of or damage to data, errors, defects, viruses, delays in operation, or transmission or failure of performance, whether or not limited to acts of god, communication failure, theft, destruction or unauthorised access to BlueSoap Website Hosting records, programs or services. You hereby acknowledge that provision will apply whether or not BlueSoap Website Hosting is given notice of the possibility of such damages and that provision will apply to all services available from BlueSoap Website Hosting.

Under no circumstances, under the terms of this agreement, shall damages include loss of business or loss of profits whether based on breach of agreement, breach of warranty, tort, product liability or otherwise.

The terms of this section shall survive the termination of this agreement for whatever reason.

Copyright and Trademarks

All contents of the BlueSoap Website Hosting web site are proprietary to BlueSoap Website Hosting, and/or its suppliers and are protected under copyright law. All rights are reserved. BlueSoap Website Hosting reserves any rights not expressly granted herein.

Force Majerure

If by reason of failure of telecommunications or Internet service providers, labour disputes, riots, inability to obtain labour or materials, act of god, fire or other action of the elements, accidents, governmental restrictions or other causes beyond the control of BlueSoap Website Hosting, BlueSoap Website Hosting is unable to perform in whole or in part its obligations as set forth in this Agreement, then BlueSoap Website Hosting shall be relieved of those obligations to the extent it is so unable to perform, and such inability to perform shall not make BlueSoap Website Hosting liable to the user.

Governing Law

New South Wales State of Australia law shall govern this Agreement, and any dispute arising from the relationship between the parties to this Agreement, excluding any laws that direct the application of another jurisdiction’s laws. In any litigation, arbitration or other proceeding by which one party either seeks to enforce its rights under this Agreement (whether in contract, tort or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing party shall be awarded its reasonable attorney fees, and cost and expenses incurred, subject to the Limitation of Liabilities clause. The parties consent to the exclusive jurisdiction and venue of the courts of New South Wales or to any Court located within New South Wales.

Severability

If any provisions of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision will be deemed to be written, construed and enforced as so limited.

Survivability

The terms of this Agreement apply to those obligations that survive any cancellation, termination or rescission, namely warranty, indemnification, liability and limits thereon, rights and obligations upon and following termination and assignment.

Indemnification

You agree to defend, indemnify and hold harmless BlueSoap Website Hosting against any and all claims, losses, penalties, causes of action, damages, liability, costs, expenses (including but not limited to reasonable attorney fees) or claims caused by or resulting indirectly from your use of the service, without limitation or exception, including your violation of any third-party’s rights, (including, without limitation, infringement of any copyright trademark, service mark, trade secrets, right of privacy or publicity or any other third-party right). The terms of this section shall survive the termination of your relationship with BlueSoap Website Hosting.

Remedy

You agree that your sole and exclusive remedy to any issues relating to BlueSoap Website Hosting services is to discontinue using the service.

Assignment

In the event of a merger or consolidation of BlueSoap Website Hosting, the surviving or new corporation and any subsidiaries are similarly subject to the rights and obligations of this Agreement.

Entire Agreement

Unless otherwise specified herein, this Agreement constitutes the complete and exclusive statement of the Agreement between the parties regarding the products and services provided hereunder, and supersedes any prior Agreements between the parties with respect thereto.

Waiver

The failure of BlueSoap Website Hosting to enforce a provision of this Agreement shall not be construed as a waiver or limitation of BlueSoap Website Hosting’s right to subsequently enforce and compel strict compliance with every provision of this Agreement.

Modification of Terms

BlueSoap Website Hosting reserves the right to modify this policy at any time and without advance notice, effective upon making the modified provisions available on the BlueSoap Website Hosting web site You are responsible for regularly reviewing these documents. Continued use of the BlueSoap Website Hosting services after any such changes shall constitute your consent to such changes. BlueSoap Website Hosting does not and will not assume any obligation to notify you of any changes to the Terms of Service.