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Our Hosting Terms of Service is an important document because it
reflect the care for our clients and the consideration we expect our
clients to show for one another. In a multi-hosted server
environment the actions of one client have the potential to
adversely affect others. Therefore we have designed the following
guidelines to ensure that our services remain of the utmost quality.
You may consider this document to be the rules
and regulations of using our hosting services. Please read them
carefully and ensure that you understand and agree to all parts as
our services are subject to these terms. Your use of Blue Dolphin
Network's hosting services implies your agreement with these terms.
Questions?
If you have any questions regarding this document, please contact
Blue Dolphin Networks (info@bluedolphinnetworks.com)
prior to signing up for a plan.
End User Agreement
Customers may not sublease, sub host, or give away control of any
portion of their web space and/or resources (including, but not
limited to, e-mail accounts, space, ftp accounts, etc.), unless
otherwise stated in writing.
Content
All services provided by Blue Dolphin Networks may 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 City law is prohibited. This includes, but is not
limited to: copyrighted material, material we judge to be
threatening or obscene, or material protected by trade secret and
other statute. The subscriber agrees to indemnify and hold harmless
Blue Dolphin Networks from any claims resulting from the use of the
service which damages the subscriber or any other party.
Note: Pornography and sex-related merchandising are
prohibited on any Blue Dolphin Networks server. 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 Dolphin Network servers or any
other server on the internet. Links to such materials are also
prohibited.
Examples of non-acceptable content or links
Pirated software
Bulk Email related products
Pornography/Nudity/Adult Content
Hacking/cracking related websites
Warez and/or copyrighted software, music or video
Illegal material or material that is against public policy
Sites containing or linking to material that may be considered
detrimental to the public health, safety, or welfare. (Such as, but
not limited to: Anarchists Cookbook, bomb making, weapon
information, or anything else that may be considered detrimental or
illegal.)
Blue Dolphin Networks will be the sole arbiter as to what
constitutes a violation of this provision, and reserves the right to
deactivate and remove any site at any time for this reason without
refund!
Copyright Violations
Blue Dolphin Networks will respond to all reports of infringement
that are formatted in accordance with the Digital Millennium
Copyright Act and any other applicable copyright laws. We will act
in accordance with the DMCA when handling infringement reports.
System Resource Usage
If Blue Dolphin Networks determines that a customer's account is
utilizing an unacceptable amount of system resources, we may
temporarily deactivate the account in question. If we deem it
necessary, an eviction notice may be sent to the customer of an
offending account providing them with ten (10) days in which to
locate a new provider. This only occurs in extreme cases. Blue
Dolphin Networks will be the sole arbiter as to what constitutes a
violation of this provision. Because of the nature of this
provision, each account will be considered and analyzed
individually.
Backups
Blue Dolphin Networks hosting accounts include a nightly backup
service but these backups are for internal administrative purposes
only, and are in NO WAY GUARANTEED! Customers are responsible for
maintaining their own backups on their own personal computers. Blue
Dolphin Networks does not provide any sort of compensation for lost
or incomplete data in the event that backups do not function
properly, even if the malfunction was due to negligence on Blue
Dolphin Networks's part. We will do our best to ensure complete and
accurate backups, but assume no responsibility for this duty.
Always back your site up to your personal computer! We make no
guarantees about the availability of backups.
Cron Jobs
We do allow Cron Jobs to be conducted on our servers. You can setup
and manage the cron jobs for your account from the "Cron" section of
NetAdmin.
IRC (Internet Relay Chat)
We do not allow IRC or IRC bots to be operated on our servers. Any
account found to be in violation of this provision will be
immediately suspended and/or deactivated and no refund will be
issued.
Unsolicited Email (SPAM)
SPAMing, or the sending of unsolicited email, from a Blue Dolphin
Networks server or using a return email address that is maintained
on a Blue Dolphin Networks server is STRICTLY prohibited. Using SPAM
to advertise a site hosted on Blue Dolphin Networks' network also
constitutes as a violation of this provision. Blue Dolphin Networks
will be the sole arbiter as to what constitutes a violation of this
provision. Sites found to be in violation of our SPAM policies will
be immediately deactivated and no refund will be issued.
Help us STOP SPAM! Please contact us
immediately to report a violation of our SPAM policies. Don't delete
the message - we will want to examine it.
Server Abuse
Any attempts to undermine or cause harm to a Blue Dolphin Networks'
server or customer of Blue Dolphin Networks is strictly prohibited.
Blue Dolphin Networks will be the sole arbiter as to what
constitutes a violation of this provision. Customers found in
violation of this provision will be subject to account deactivation
without refund. Blue Dolphin Networks will turn all available
information about abuse incidents, including customer contact data,
over to the proper authorities and press charges.
Failure to Follow Policies
Failure to fully comply with these terms is grounds for account
suspension and/or deactivation (with or without refund at Blue
Dolphin Networks discretion). Any accounts and/or servers contained
within Blue Dolphin Networks' network must adhere to the above
policies.
We reserve the right to remove any account without prior notice. If
we deactivate your account for violating policy, you will forfeit
your rights to a refund--and none will be given. No refunds for
advanced payment. Our normal policy is a warning first, and account
deactivation the second offense, but no warning is required.
Blue Dolphin Networks reserves the right to
deactivate and remove any site hosted on our servers that contains
any content that it deems in its sole discretion to be unacceptable,
undesirable or contraindicated.
Blue Dolphin Networks, Inc.
PO Box 700, Waimanalo, HI 96795
info@bluedolphinnetworks.com |
