The use of services
from BlueDiamondHosting.com, [hereafter referred to as "BDH"] constitutes
agreement to these terms.
1.) Account Setup / Email
on file
We will setup your account
after we have received payment and we and/or our payment partner(s) have
screened the order(s) incase of fraud. It is your responsibility to provide us
with an email address which is not @ the domain(s) you are signing up under. If
there is ever an abuse issue or we need to contact you, the primary email
address on file will be used for this purpose. It is your responsibility to
ensure the email address on file is current or up to date at all times.
Providing false contact information of any kind may result in the termination
of your account. In dedicated server purchases or high risk transactions, it
will be necessary to provide government issued identification and possibly a
scan of the credit card used for the purchase. If you fail to meet these
requirements, the order may be considered fraudulent in nature and be denied.
Transfers
Our
transfers team will make every effort to help you move your site to us,
however, we can not make guarantees of the transfer process. We provide this as
a courtesy service and can not make guarantees regarding its availability or
the amount of time it may take as each host is configured a little differently.
We will try our best, however, in some cases we may be unable to assist you in
a transfer of data from an old host.
2.) Content
All services provided by BDH may only
be used for lawful purposes. The laws of the State of Georgia, and the United
States of America apply.
The customer agrees to
indemnify and hold harmless BDH from any claims resulting from the use of our
services.
Use of our services to infringe upon any copyright or
trademark is prohibited. This includes but is not limited to unauthorized
copying of music, books, photographs, or any other copyrighted work. The offer
of sale of any counterfeit merchandise of a trademark holder will result in the
immediate termination of your account.
Examples of unacceptable
material include: IRC Bots, Proxy Scripts / Anonymizers, Pirated Software /
Warez, ".img" / image hosting only sites that do not host an actual domain
name, Escrow, High-Yield Interest Programs(HYIP) or related sites, Investment
sites (FOREX, egold exchange), AutoSurf sites, Bank Debentures, Bank Debenture
Trading Programs, Prime Banks Programs, lottery sites, muds / rpg's, hate
sites, hacker focused sites/archives/programs, or sites promoting illegal
activities
We reserve the right to refuse service to anyone. Any
material that, in our judgment, is obscene or threatening is prohibited and
will be removed from our servers with or without notice. Failure to respond to
email from our abuse department within 48 hours may result in the suspension or
termination of your services. If in doubt regarding the acceptability of your
site or service, please contact us at
abuse
and we will be happy to assist you.
Potential harm to minors is
strictly forbidden, including but not limited to child pornography or content
perceived to be child pornography (Lolita): Any site found to host child
pornography or linking to child pornography will be suspended immediately
without notice. Violations will be reported to the appropriate law enforcement
agency.
It is your responsibility to ensure that
scripts/programs installed under your account are secure and permissions of
directories are set properly, regardless of installation method. When at all
possible, set permissions on most directories as restrictive as possible. Users
are ultimately responsible for all actions taken under their account. This
includes the compromise of credentials such as username and password. It is
required that you use a secure password. If a weak password is used, your
account may be suspended until you agree to use a more secure password. Audits
may be done to prevent weak passwords from being used. If an audit is
performed, and your password is found to be weak, we will notify you and allow
time for you to change/update your password.
3.) Zero Tolerance Spam
Policy
We take a zero tolerance
stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe
lists" and "double opt-in" will be treated as spam. Any user who sends out spam
will have their account terminated with or without notice.
Sites
advertised via SPAM (Spamvertised) may not be hosted on our servers. This
provision includes, but is not limited to SPAM sent via fax, email, instant
messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO
may be hosted on our servers. Any account which results in our IP space being
blacklisted will be immediately suspended and/or terminated.
BDH reserves
the right to require changes or disable as necessary any web site, account,
database, or other component that does not comply with its established
policies, or to make any such modifications in an emergency at its sole
discretion. BDH reserves the right to charge the holder of the account used to
send any unsolicited e-mail a clean up fee. This cost of the clean up fee is
entirely at the discretion of BDH.
4.) Payment
Information
You agree to supply
appropriate payment for the services received from BDH, in advance of the time
period during which such services are provided. You agree that until and unless
you notify BDH of your desire to cancel any or all services received, those
services will be billed on a recurring basis. Cancellations must be done in
writing via the cancellation form provided. Invoices that have been paid more
than once with multiple Paypal Subscriptions can only be added as credit
towards the account and cannot be refunded via Paypal. BDH reserves the right
to change the monthly payment amount and any other charges at anytime.
5.) Backups and Data Loss
Your use of the service is at your sole risk. BDH is not responsible
for files and/or data residing on your account. You agree to take full
responsibility for files and data transferred and to maintain all appropriate
backup of files and data stored on BDH servers.
6.) Cancellations and
Refunds
BDH reserves the right to
cancel the account at any time with or without notice. Any abuse of our staff
in any medium or format will result in the suspension or termination of your
services. Customers may cancel at any time via a cancellation form. BDH gives
you an unconditional 30 day money back guarantee on managed shared hosting.
There are no refunds on dedicated servers, administrative fees, install fees
for custom software, or domain name purchases. Refund requests after 30 days
will be refunded on a prorated basis of any unused time. Only first-time
accounts are eligible for a refund. For example, if you've had an account with
us before, cancelled and signed up again, you will not be eligible for a refund
or if you have opened a second account with us, or you renewed an account.
Violations of the Terms of Service will waive the refund policy.
7.) Resource Usage
User may not:
a) Use 25% or
more of system resources for longer then 90 seconds. There are numerous
activities that could cause such problems; these include: CGI scripts, FTP,
PHP, HTTP, etc.
b) Run any type of
interactive real-time chat applications that require server resources.
Remotely-hosted services are fully allowed.
c) Run stand-alone, unattended server-side processes at any point in
time on the server. This includes any and all daemons, such as IRCD.
d) Run any software that interfaces
with an IRC (Internet Relay Chat) network. e) Run any bit torrent application,
tracker, or client.
f) Participate in
any file-sharing/peer-to-peer activities
g) Run any gaming servers such as counter-strike, half-life,
battlefield1492, etc
h) Run cron
entries with intervals of less than 15 minutes
When using PHP include
functions for including a local file, include the local file rather than the
URL. Instead of include("http://yourdomain.com/include.php") use
include("include.php")
8.) Bandwidth Usage
You are allocated a monthly bandwidth
allowance. This allowance varies depending on the hosting package you purchase.
Should your account pass the allocated amount we reserve the right to suspend
the account until the start of the next allocation, suspend the account until
more bandwidth is purchased at an additional fee, suspend the account until you
upgrade to a higher level of package, terminate the account and/or charge you
an additional fee for the overages. Unused transfer in one month cannot be
carried over to the next month.
9a.) Money back
Guarantee
On dedicated servers and
colocation no full refund will be honored -- the 30 day money back guarantee
does not apply. We reserve the right to refund a prorated amount or no refund
at all. Each of BDH managed shared servers carry a 30 day unconditional money
back guarantee on them. If you are not completely satisfied with our services
within the first 30 days of your service, you will be given a full refund of
the contract amount. Remember, this is only for monthly shared packages and
does not apply to dedicated servers, administrative fees, install fees for
custom software, or domain name purchases.
9b.) Uptime
Guarantee
If your shared server
has a physical downtime that is not within the 99.9% uptime you may receive one
month of credit on your account. Approval of the credit is at the discretion of
BDH dependant upon justification provided. Third party monitoring service
reports may not be used for justification due to a variety of factors including
the monitor's network capacity/transit availability. The uptime of the server
is defined as the reported uptime from the operating system of the server which
may differ from the uptime reported by individual services. To request a
credit, please contact sales@bluediamondhosting.com with justification. All
requests must be made in writing via email. Uptime guarantees only apply to
shared solutions. Dedicated servers are covered by a network guarantee in which
the credit is prorated for the amount of time the server is down which is not
related to our uptime guarantee.
10.) Shared (non-reseller accounts) / Semidedicated Servers
Shared accounts may not resell web
hosting to other people. Semidedicated servers are not backed up. You must
maintain your own backups.
11.) Dedicated Servers
BDH reserves the right to reset the
password on a dedicated server if the password on file is not current so that
we may do security audits as required by our datacenter. It is the
responsibility of the client to ensure that there is a valid email address and
current root password on file for their dedicated server on file to prevent
downtime from forced password resets. BDH reserves the right to audit servers
as needed and to perform administrative actions at the request of our
datacenter. Dedicated servers are NOT backed up by us and it is the
responsibility of the client to maintain backups or have a solution for this.
You may purchase an additional hard drive and maintain backups to it as the
most simple solution. It is your responsibility to maintain backups.
12.) Price Change
The
amount you pay for hosting will never increase from the date of purchase. We
reserve the right to change prices listed on bluediamondhosting.com, and the
right to increase the amount of resources given to plans at any time.
13a.) Indemnification
Customer agrees that it shall defend, indemnify, save and hold BDH
harmless from any and all demands, liabilities, losses, costs and claims,
including reasonable attorney's fees asserted against BDH, its agents, its
customers, officers and employees, that may arise or result from any service
provided or performed or agreed to be performed or any product sold by
customer, its agents, employees or assigns. Customer agrees to defend,
indemnify and hold harmless BDH against liabilities arising out of; (1) any
injury to person or property caused by any products sold or otherwise
distributed in connection with BDH; (2) any material supplied by customer
infringing or allegedly infringing on the proprietary rights of a third party;
(3) copyright infringement and (4) any defective products sold to customers
from BDH's server.
13b.) Arbitration
By using any BDH services, you agree to binding
arbitration. If any disputes or claims arise against BDH or its subsidiaries,
such disputes will be handled by an arbitrator of BDH's choice. All decisions
rendered by that arbitrator will be binding and final. You are also responsible
for any and all costs related to such arbitration.
14.)
Disclaimer
BDH shall not be
responsible for any damages your business may suffer. BDH makes no warranties
of any kind, expressed or implied for services we provide. BDH disclaims any
warranty or merchantability or fitness for a particular purpose. This includes
loss of data resulting from delays, no deliveries, wrong delivery, and any and
all service interruptions caused by BDH and its employees.
15.)
Disclosure to law enforcement
BDH
may disclose any subscriber information to law enforcement agencies without
further consent or notification to the subscriber upon lawful request from such
agencies. We will cooperate fully with law enforcement agencies.
16.) Changes to the TOS
BDH reserves the right to revise its policies at any time without
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