Blue Earth Hosting and E-mail Services

Terms of services

Terms & Conditions of Service
Revision date: 19/06/2009

Please read these Terms and Conditions carefully. You are required to read and understand them before instructing Blue-Earth.Com or proceeding further on this web site.

Where the context admits: 'We' or 'Us' includes Blue-Earth.Com or any party acting on Blue-Earth.Com's implicit instructions. 'You' includes the person purchasing the services or any party acting on the customer's instructions. 'The Registrant' includes the person applying for a domain name or any party acting on the Registrant's instructions. 'The Registry' includes the relevant domain names Registry. 'Services' include any product or service sold (or provided at no cost) to You by us. 'Server' means the computer server equipment operated by us in connection with the provision of the Services. 'Account' means any one or more Services, assigned solely to You. This typically consists of (but is not limited to) Web Hosting Provision and Domain Name Registration. A 'User' is defined as a Customer using any or our products and services. 'Web Site' means the area on the Server allocated by Us to You for use by You as a site on the Internet.

1. General

1.1 By ordering Services You are agreeing to these Terms & Conditions.
1.2 We reserve the right to update these Terms and Conditions at any time without notice.
1.3 Should You wish to cancel your Account, contact us immediately. Refunds will only be given if this is received before any domain name request has been passed to the Registry. Where this is not the case, any outstanding payment must still be made in full.
1.4 Refunds will be given at Our discretion.
1.5 Handling complaints: Should You have any complaints regarding Services received from Us, please send an email to admin@blue-earth.com detailing the nature of your complaint. We will acknowledge the complaint within 5 working days and provide a likely timescale for resolving the dispute while keeping You informed about progress. All complaints will be considered highly confidential, and be dealt with as soon as is possible.
1.6 We reserve the right to cancel Your Account at any time without notice.
1.7 You agree to keep us up to date with any changes in your contact details. This includes the provision of a working email address that you regularly check.
1.8 We will not be held liable or responsible for any loss or damages to Your business or that of any third party.

2. Domain Name Registration

2.1 We make no representation that the domain name You wish to register is capable of being registered by or for You or that it will be registered in Your name. You should therefore not assume registration of Your requested domain name until You have been notified by Us that it has been successfully registered. Any action taken by You before such notification is at Your risk. We have no influence over the decisions taken by the Registry.
2.2 You understand that We are acting as Your agent with regard any domain registration. The registration and use of your domain name is therefore subject to the terms and conditions of use applied by the relevant naming authority; You shall ensure that You are aware of those terms and conditions and that You comply with them. Nominet (for .uk domains) and BulkRegister (for global domains) are the two most common naming authorities used by Us. You shall have no right to bring any claim against us in respect of refusal to register a domain name. Any administration charge paid by You to us shall be non-refundable notwithstanding refusal by the Registry to register your desired name.
2.3 We shall have no liability in respect of the use by You of any domain name; any dispute between You and any other person must be resolved between the parties concerned in such dispute. If any such dispute arises, We shall be entitled, at our discretion and without giving any reason, to withhold, suspend or cancel the domain name. We shall also be entitled to make representations to the relevant Registry but will not be obliged to take part in any such dispute.
2.4 You understand that We give no warranty that any Domain Name requested will not infringe the rights of any third party and that You indemnify Us in respect of any such infringements.
2.5 We shall not transfer any domain to another Internet Services Provider unless full payment for that domain (and/or any associated services) has been received by us for the current term during which you wish to transfer.
2.6 While we shall make reasonable efforts to contact you (by email) in advance of any domain name (or account) Renewal date, ultimately you have full responsibility for ensuring the renewal of your domain name and or Account. You understand that failing to ensure such a renewal may result in the loss of your domain name.
2.7 Customers are responsible for ensuring any domain transfer to Blue-Earth.Com is successfully completed. Failing to do so may result in the loss of your domain, or being subject to further fees from your previous host/registrar.

3. Web Site Hosting And Email

3.1 Commercial hosting is provided by Us through third party servers and host providers. In the event of any problem, Blue-Earth.Com will use all reasonable endeavours to provide alternative hosting facilities as soon as possible but can accept no liability for any loss accruing to the customer as a result of any downtime experienced or loss of service.
3.2 We make no representation and give no warranty as to the accuracy or quality of information received by any person via the Server and We shall have no liability for any loss or damage to any data stored on the Server.
3.3 You shall effect and maintain adequate insurance cover in respect of any loss or damage to data stored on the Server.
3.4 You represent, undertake and warrant to Us that You will use the Web Site allocated to You only for lawful purposes. In particular, You represent, warrant and undertake to Us that:
3.4.1 You will not use the Server in any manner which infringes any law or regulation or which infringes the rights of any third party, nor will You authorise or permit any other person to do so.
3.4.2 You will not use Services for anything which is contrary to any legislation or statutory instrument which may be in force from time to time.
3.4.3 You will not post, link to or transmit:
(a) any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, pornographic, blasphemous, profane or otherwise objectionable in any way.
(b) any material containing a virus or other hostile computer program.
(c) any material which constitutes, or encourages the commission of, a criminal offence or which infringes any patent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction. At all times, the assessment as to whether the content is suitable or unsuitable, remains entirely at the discretion of Blue-Earth.Com.
3.4.4 You will not employ programs which consume excessive system resources, including but not limited to processor cycles, data transfer and memory use.
3.4.5 any file You store on the Server will be reachable via a hyperlink from a page on your site. Only files directly related to your Web Site must be stored on the Server. You will not 'archive' files, the definition of which is soley defined by Us.
3.5 We reserve the right to remove any material which We deem inappropriate from your Web Site without notice. We do not host Warez, Adult or illegal MP3 content.
3.6 The Hosting of mp3 files, digital video, or any other self created media is allowed so long as you are the sole copyright holder of such works.
3.7 You shall keep secure any identification, password and other confidential information relating to your Account and shall notify us immediately of any known or suspected unauthorised use of your Account or breach of security, including loss, theft or unauthorised disclosure of your password or other security information.
3.8 You shall observe the procedures which We may from time to time prescribe and shall make no use of the Server which is detrimental to our other customers.
3.9 You shall procure that all email is sent in accordance with applicable legislation (including data protection legislation) and in a secure manner.
3.10 In the case of an individual User, You warrant that You are at least 18 years of age and if the User is a company, You warrant that the Services will not be used by anyone under the age of 18 years.
3.11 Any access to other networks connected to Blue-Earth.Com must comply with the rules appropriate for those other networks.
3.12 While We will use every reasonable endeavor to ensure the integrity and security of the Server, We do not guarantee that the Server will be free from unauthorised users or hackers and We shall be under no liability for non-receipt or misrouting of email or for any other failure of email.
3.13 You must abide by our Acceptable Use Policy as stated on our Website.
3.14 We shall not be held responsible in the event of any file loss resulting from the failure of any of the Servers or Services We operate. While we do perform regular server backups as part of our own internal maintenance, we may impose a charge to restore data at a customer's request, depending on the level of work involved in doing so. It is therefore strongly advised to backup all of Your files locally on a regular basis depending on how often You update your Web Site.
3.15 We reserve the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with these terms, at our sole discretion and without notice. We also reserve the right to make any such modifications in an emergency at our sole discretion.
3.16 Blue-Earth.Com make no guarantee that third-party software will run on the servers We operate.

4. Service Availability

4.1 We shall use our reasonable endeavors to make available to You at all times the Server and the Services but We shall not, in any event, be liable for interruptions of Service or down-time of the Server.
4.2 We shall have the right to suspend Services at any time and for any reason, generally without notice.
4.3 No more than one log-in session under any one Account may be used at any time by you. If You have multiple Accounts, You are limited to one login session per system Account at any time; user programs may be run only during log-in sessions. If your Account shows other activity in breach of this subclause, We shall have the right to terminate any Services immediately.

5. Payment

5.1 All charges payable by You for Services shall be in accordance with the scale of charges, rates and payment frequencies published from time to time by us on our web site and shall be due and payable in advance of our Service provision. We reserve the right to change pricing at any time although all pricing is guaranteed for the period of pre-payment.
5.2 All renewals will be made on our Terms & Conditions & Prices current at the time of the renewal. While We will attempt to contact You prior to renewal date, You are responsible for ensuring all payments by due date.
5.3 All payments must be in UK Pounds Sterling
5.4 If your cheque is returned by the bank as unpaid for any reason, You will be liable for a 'returned cheque' charge of 25.
5.5 Without prejudice to our other rights and remedies under these Terms and Conditions, if any sum payable is not paid on or before the due date, We shall be entitled forthwith to suspend or cancel the provision of Services to you.

6. Money Back Guarantee

6.1 Each Hosting Account includes a full 30 day money back guarantee. If you are not completely satisfied with our services within the refund time period specified, you will be given a full refund of the amount paid excluding overages. No refund is available after that period. This guarantee does not apply to any additional services such as overages, disk space, bandwidth, maintenance fees, or any fees paid as a result of Domain Name Registration. Only first-time accounts are elegible for a refund.
6.2 Accounts cancelled/terminated by Blue-Earth.Com for violating our Terms and Conditions or Acceptable Usage Policy do not qualify for any refund.

7. Uptime Guarantee

7.1 Blue-Earth.Com guarantees 99% service (http, ftp, pop, imap, smtp) uptime on all hosting plans. Should we fail to deliver this for any given calendar month, your account will be refunded a pro-rated amount for the duration of excessive downtime.

8. Termination

8.1 If You fail to pay any sums due to us as they fall due, We may suspend or cancel any Services without notice to you.
8.2 If You breach any of these terms and conditions We may suspend or cancel any Services without notice to you.
8.3 If You are a company and You go into insolvent liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors, We shall be entitled to suspend or cancel any Services without notice to you.
8.4 No refunds will be made for Services suspended in accordance with 8.1, 8.2 and 8.3.
8.5 We reserve the right to suspend Services at any time. In the event of this You will be entitled to a pro-rata refund based upon the remaining period of pre-payment. This does not include any fees in connection with Domain Registration.
8.6 Where payment has been made by credit or debit card, any refund will only be issued to the same credit or debit card. All credit and debit card refunds are subject to a 10% administration fee against the original purchase price.
8.7 You may cancel the Services at any time without refund.
8.8 We will be entitled to block your Web Site and to remove all data where termination or suspension has occurred, no matter how that termination or suspension has occurred.

9. Indemnification

You agree that You shall defend, indemnify, save and hold Blue-Earth.Com harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Blue-Earth.Com, its agents, officers, employees and assignees, that may arise or result from any service provided or performed or agreed to be performed or any product sold. You agree to defend, indemnify and hold harmless Blue-Earth.Com against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with servers operated by Blue-Earth.Com; (2) any material supplied or hosted by customers on thie website (including content infringing or allegedly infringing on the proprietary rights of a third party); (3) copyright infringement and (4) any defective products sold to customers from servers operated by Blue-Earth.Com.

10. Disclaimer

We will not be responsible for any damages your business may suffer. This includes loss of data resulting from delays, nondeliveries, wrong delivery, and any and all service interruptions caused by us or any third party acting on our behalf. We expressly disclaim all and provide no representations or warranties in respect of this website, its contents or the services provided by us. We do not represent or warrant that the information accessible on or via this website is accurate, complete or current.

Blue-Earth.Com is a company operating under the requirements of the Data Protection Act 1998. The use of any Data We collect is described in our Privacy Policy. Ownership of this Web Site belongs to and remains at all times, the sole property of Blue-Earth.Com. The reproduction, modification, permanent storage, or retransmission of the contents of this Web Site is strictly prohibited without the prior written consent of Blue-Earth.Com. All Rights Reserved.

This does not affect your statutory rights as a consumer.

Acceptable Use Policy

The Internet is a powerful information and entertainment tool. We would expect our customers to use the Internet with respect, courtesy, and responsibility, giving due regard to the rights of other Internet users.

As a major provider to the Internet community, our acceptable use policy is designed to produce a better environment for us all. Common sense is the best guide as to what is considered acceptable use.

The following are unacceptable uses.

Illegality

In any form, including but not limited to the unauthorised distribution or copying of copyrighted software or other data, harassment, fraud, trafficking in obscene material.

Undesirable Content

Certain types of content are not allowed on our networks. We do not host adult content of any description. Content relating to Hacking, Cracking, Warez and IRC is not allowed. Software downloads may only be hosted if you are the writer and copyright owner of the software, all other software including freeware, shareware and trial software is forbidden. Audio and video downloads may only be hosted if you are the creator and copyright owner of the work.

SPAM Policy

Blue-Earth.Com is committed to a zero-tolerance, anti-Spamming policy. Under this policy, we prohibit Spam, or any unsolicited commercial email, from being sent either: Over any network that Blue-Earth.Com operates, by customers or any other users of these networks (including customers' customers); AND/OR over ANY network if the message sent advertises or mentions a site hosted on a server operated by Blue-Earth.Com.

We react quickly and seriously to violations, and we further reserve the right to terminate the services, without prior notice, of any customer disregarding this policy. Sending unsolicited commercial email (a.k.a. 'spam'), cross-posting messages to a large number of usenet groups, posting obscene or threatening messages while using or referring to an Blue-Earth.Com email address or web site URL is prohibited. The use of Blue-Earth.Com operated servers as a mail drop for responses to activities described above is also prohibited. Accounts canceled due to spam will be billed a 'clean up' fee of 500.

If you have any complaints or comments regarding Spam on our network, please direct them via email to admin@blue-earth.com.
Bulk Email

Only 'opt-in' bulk email may be sent. If any email is reported to us as being spam, we will take appropriate action as described above. Our bulk mail rules also apply to mailing lists, list servs, or mailing services you may contract with. The policy is stated as follows: An acceptable mailing list will be focused at a targeted audience that has voluntarily signed up for your e-mail information or that has made their e-mail address available for distribution of information from you. The list must also allow for automatic removal by all end Customers with non-distribution in the future.

If your actions have caused Our mail servers or IP address ranges to be placed on blackhole lists or any other mail filtering software systems used by companies on the internet, you will be liable to a 500 one-off charge, and 200 per hour for administrative charges incurred to remove and protect mail servers and IP ranges.

Misuse Of Resources

Including but not limited to employing applications which consume excessive CPU time, memory or storage space. Chat/IRC, web proxy and mailing list scripts are not allowed on our network under any circumstances. We reserve the right to to action against any CGI script that effects normal server operation or service to other Blue-Earth.Com customers. For example: CGI based message forums which use flat file databases are often found to use excessive system resources, to avoid disappointment please use a PHP/ASP message forum. The use of web cam applications which maintain a constant FTP connection uploading an image at regular intervals is forbidden. Databases are only to be used for Blue-Earth.Com hosted web sites, and no outside access will be granted. Customers are advised against using any sort of 'form-mail' cgi script as such scripts are often insecure, and are targetted by spammers.

Denial of Service Attack

Any Account launching a Denial of Service from our server(s) against any other server will be terminated without prior notice.
Server Exploitation

Any user who is attempting or has attempted to successfully or unsuccessfully exploit any of our server's services, including but not limited to the http server or ssh server, or attempting to gain root or administrator access will have their account terminated without notice.
Abusive Behaviour against Staff

We believe in professional communication, no matter what the issue is. We will not tolerate any abusive behaviour, abusive language or threats against any Blue-Earth.Com staff member(s). By violating this policy, we reserve the right to permanently suspend or terminate your account(s) without prior notice and without any refund.

If you are unsure about content you intend to place on our network, please check with us before you do. We reserve the right to determine what constitutes acceptable use.

Blue-Earth.Com is committed to safeguarding the privacy of our users while providing the highest possible quality of service. We will only use the information that we collect about you lawfully (in accordance with the Data Protection Act 1998). Under the terms of the Data Protection legislation, we are required to explain to you how we will treat any personal and/or private data which we collect from you.

Who we are

We are Blue-Earth.Com. We are also known as the data controller. We are an Internet Services Company providing (among other things) Domain Name Registration and Web Hosting solutions to home and business customers. The Blue-Earth.Com website, is owned and operated by Us. Should you wish to access any information that we store about you, please write to us at the address published on our website.

Collection of Information from our Clients.

In order to fulfill your order (for example - for domain registration), we need to know certain personal information collected at time of order. It is our policy that this information is private and confidential. Accordingly, the personal information you provide to us is stored in a secure location, and is accessible only by designated staff. It will be used only for the purposes for which you provide the information. We will not sell, rent or trade any personal information you provide to us.

Keeping you informed

We would like to tell you by e-mail or other electronic means about products and services which believe would be of interest to you and which are offered by us and other selected companies. We also aim to keep you informed of any 'service announcements' that may affect your account. If you do not want us to do this simply email us at any time and request removal.

Computer Tracking and 'Cookies'

Blue-Earth.Com makes use of internet browser cookies, which we use to identify you for login purposes. These cookies are not used in any way for marketing or advertising purposes, and exist solely to improve the ease of use of this site. You may choose not to use cookies. For more information on cookies, please visit www.allaboutcookies.org.

As our services and products develop, the way in which we look at, record and use your information may change. In most cases these changes will result from enhancements in technology and, we believe, will be in line with your expectations. Where we believe the changes may not be obvious to you, we will give you notice of them. When you become a customer of Blue-Earth.Com, you are agreeing that by continuing to maintain your custom, you will be deemed as accepting this use of your information.

To prevent or detect fraud or abuse of this site, or to assist in verifying your identity, we may make searches of our data records and reserve the right to cooperate with law enforcement agencies should fraud or illegal activities occur. If you give us false or inaccurate information and we suspect fraud, we will record this. We may use this information to protect our interests.

Giving your consent

It is important that you read and understand these statements. By ordering any of our products or services, a binding agreement between yourself and your business and Blue-Earth.Com will be created such that we can use your information in this way.
Disclosures

We warrant that we will not disclose your information or personal details to any other third party without your approval. We will not send you any unsolicited commercial e-mail unless you have given your prior consent. We will seek to act in the best interest of our customers, and will not abuse our position of data controller for any commercial gain.