This User Agreement ("Agreement") defines the terms under which Blue Gravity Hosting provides a user account. This Agreement is a binding
contract between Blue Gravity Hosting ("Blue Gravity") and the individual or company ("User") defined when creating a user
account on the order form.
BY COMPLETING THE FORM TO CREATE A USER ACCOUNT, USER AGREES TO BE BOUND BY THE TERMS OF THIS AGREEMENT, OUR ACCEPTABLE USE POLICY
("AUP") AND ALL AGREEMENTS, RULES AND POLICIES INCORPORATED HEREIN OR INCORPORATED BY REFERENCE. BLUE GRAVITY RESERVES THE RIGHT TO REVISE THIS
AGREEMENT AT ANY TIME. USER'S CONTINUED USE OF SERVICE CONSTITUTES CONTINUED ACCEPTANCE OF THIS AGREEMENT.
For the management of services provided by Blue Gravity, a user account is used. A stand-alone user account can be created or a
user account will be created as part of the process when ordering service.
2. Contact Information
User acknowledges that the contact information supplied when creating a user account or when modifying the contact information in the
Account Manager will be the only information used by Blue Gravity to communicate with User. User agrees to immediately validate and
update the contact information for the user account when necessary or upon notification from Blue Gravity to do so. User acknowledges that
willfully providing false contact information may result in the suspension of the user account and some or all of the services associated
with the user account.
User agrees that Blue Gravity is not responsible and will not be liable for disruption to any service as a result of User not able to
receive notices of any kind because of invalid or out-of-date contact information.
A user account has an associated username and password. The username and password is used to gain access to tools necessary to manage
services attached to the user account. Absolutely NO access will be provided without the user account's username and password.
Blue Gravity is not responsible and will not be liable for unauthorized cancellations, modifications, or purchases made with the
proper username and password combination. User acknowledges that the username and password should be guarded and not disseminated
In the event that User can not remember the username and password combination, Blue Gravity will provide the information provided
the User can receive an email to the email address provided in the user account contact information, can validate an active
credit card on the user account or provide details about a recent check or PayPal payment, or can provide proof of identity for the
individual or company provided in the user account contact information. Blue Gravity will not provide the username and password under
any other circumstances, no exceptions.
4. Linked Services and Accounts
A user account can have a combination of accounts and services associated with it. When new service is ordered, the user account
supplied on the order form is the user account to which the new service is associated. Existing accounts and services can be moved
among user accounts provided the username and password of the user account to which the account or service is currently attached is
User acknowledges that the user account to which accounts and services is associated is the user account used to manage those accounts and
services. User acknowledges that with the username and password of the user account, any account or service attached to the user account
can be canceled or modified. Blue Gravity is not responsible and will not be liable for unauthorized changes made to accounts or services
attached to a user account made with the proper username and password combination.
Blue Gravity will send notices concerning accounts and services attached to a user account via email to the email address provided with
the user contact information. User agrees that notice to this address via email is sufficient for all notifications for all accounts and
services. User agrees that Blue Gravity is not responsible and will not be liable for any outcome related to a notice not being received.
Blue Gravity will periodically send email messages to the email address provided with the user contact information containing promotions,
specials or reminders about services offered. User acknowledges that the periodic messages contain information pertaining to an account or
service User has with Blue Gravity. Blue Gravity will provide the User the option to opt-out of receiving promotional email messages only.
Messages sent to User pertaining to an account or service already provided are not promotional and no option to opt-out of receiving them
will be allowed.
Blue Gravity respects the privacy of every user. Blue Gravity will never disclose contact information of user accounts to any third parties
other than the disclosure required for public contact information on domain name registrations if the contact information on a domain name is
the same as that on the user account. Blue Gravity will never willfully sell, lease, or rent any personal information about user to any third
party without permission.
User acknowledges that Blue Gravity will disclose any information requested by subpoena or court order. User acknowledges that Blue Gravity
will fully cooperate with and will disclose any information requested pursuant to criminal or civil investigation by any Federal government
or law enforcement agency.
7. Governing Law
User acknowledges that all agreements shall be governed by and construed in accordance with the laws of the State of California. User agrees
that any dispute under any agreement may only be brought in a court in Los Angeles County, California. Any provision of this Agreement which
is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or
unenforceability without invalidating the remaining provisions hereof.
User agrees to indemnify, defend and hold harmless Blue Gravity and its parent, subsidiary and affiliated companies, and each of their respective
officers, directors, employees, shareholders, attorneys and agents (each an "indemnified party" and, collectively, "indemnified parties") from and
against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses
including, but not limited to, reasonable attorney's fees threatened, asserted, or filed by a third party against any of the indemnified parties
arising out of or relating to User's use of Blue Gravity's services, any violation by User of the AUP, any violation by User of the Web Hosting
Service agreement, if applicable, any breach of any representation, warranty or covenant of User contained in this Agreement or any acts or
omissions of User. The terms of this section shall survive any termination of this Agreement.
Acceptable Use Policy
This Acceptable Use Policy ("AUP") sets forth the principles that govern the use by customers of services provided by Blue Gravity Hosting ("Blue Gravity").
Services provided by Blue Gravity can be used to host any web site, send or receive any email communication, or forward or point through the
Domain Name System ("DNS") or other means to any location provided the service, content, or products offered, displayed, or transmitted do not
violate the laws of the United States or the State of California, any part of this AUP, and all rules, policies, and agreements incorporated
herein or incorporated by reference.
BLUE GRAVITY RESERVES THE RIGHT TO REVISE THE ACCEPTABLE USE POLICY AT ANY TIME. CUSTOMER'S CONTINUED USE OF SERVICE CONSTITUTES CONTINUED
ACCEPTANCE OF THIS ACCEPTABLE USE POLICY.
1. Spam Activites
The sending of unsolicited bulk email ("Spam") or aiding, in any way, the sending of unsolicited bulk email including but not limited to
promoting the sale or use of software or services to facilitate the sending of bulk email using any service provided by Blue Gravity is
strictly prohibited. The sending of unsolicited bulk email using or referring to an email address or web site provided by Blue Gravity
or a domain name using the DNS service of Blue Gravity, regardless of whether Blue Gravity's service was used to send the email, is
Cross-posting messages to a large number of Usenet groups, posting unsolicited advertisements to web-based bulletin boards, or posting
obscene or threatening messages anywhere while using or referring to an email address or web site provided by Blue Gravity or a domain name
using the DNS service of Blue Gravity is prohibited.
The use of servers provided by Blue Gravity as a mail or message drop for responses to activities described above is prohibited. Linking
from a web site provided by Blue Gravity under the hosting service or a web site using a domain name that uses the DNS service of Blue Gravity
to providers of the activities listed above is also prohibited.
2. Software/Multimedia Distribution
A web site or email address provided by Blue Gravity or a web site or email address using a domain name that uses the DNS service of Blue Gravity
can not to be used to distribute "cracked" versions of copyrighted software (a.k.a. warez), serial numbers for copyrighted software or copyrighted
multimedia files (i.e. music files or MP3s). Linking from a web site provided by Blue Gravity or linking from a web site using a domain name
that uses the DNS service of Blue Gravity to pirated software or illegal contraband or to other locations providing pirated software or illegal
contraband is also prohibited.
3. Adult Content
Web sites containing adult material, adult-oriented merchandise or links to adult material or adult-oriented merchandise may only be provided
to individuals that can provide proof, upon request, that he or she is over 18 years of age. Blue Gravity, at its sole discretion, will determine
what constitutes adult material or adult-oriented merchandise.
Any attempt to circumvent system security, including but not limited to, trying to access another customer's files or database or trying to gain
shell access to an Blue Gravity server is prohibited. Attempting to manipulate any server or another customer's content is prohibited.
5. System Abuse
System Abuse, including but not limited to, excessive server CPU use, excessive server RAM use, excessive server disk I/O, or any thing that may
affect other customers is prohibited. The installation of bots, or scripts or applications shared with a web site hosted by an outside provider
is not permitted. Blue Gravity, at its sole discretion, will determine what constitutes system abuse.
6. Disk Resource Use
Disk space provided in association with the hosting service may only be used for files and content linked from or in direct support of the hosted
web site. The provided disk space may not be used at any time as a location to archive or backup files not directly related to the hosted web site.
Blue Gravity Hosting Affiliate Agreement
The terms "affiliate", "you", and "your" refer to, whether as an individual or entity, to you as the one applying to
Blue Gravity Hosting's affiliate program. The terms "we" and "our" refer to Blue Gravity Hosting.
1. TERMS AND CONDITIONS
IMPORTANT-READ CAREFULLY: THIS AFFILIATE PROGRAM AGREEMENT IS A LEGAL AGREEMENT BETWEEN YOU AND BLUE GRAVITY HOSTING
FOR PARTICIPATION IN BLUE GRAVITY HOSTING'S AFFILIATE PROGRAM AS MANAGED BY BLUE GRAVITY HOSTING'S INTERNAL PROGRAM. BY
REGISTERING FOR AND PARTICIPATING IN OUR PROGRAM, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU
DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT SIGNUP FOR OR PARTICIPATE IN THE PROGRAM. IF YOU ARE ALREADY
AN BLUE GRAVITY HOSTING AFFILIATE AND DO NOT AGREE TO THE ENTIRE AFFILIATE AGREEMENT, THEN IMMEDIATELY TERMINATE ALL USES OF
BLUE GRAVITY HOSTING'S MATERIALS AND ANY LINKS TO BLUE GRAVITY HOSTING'S WEBSITE.
If you are accepted to participate in our affiliate program and your site is thereafter determined (at our sole discretion)
to be unsuitable based on the criteria below, we reserve the right to terminate this agreement:
· Promotion of discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
· Promotion of illegal activities
· Promotion of content that is in any way unlawful, harmful, threatening, defamatory, obscene, harassing or racially,
ethnically or otherwise objectionable
· Promotion of content related to liquor, tobacco, firearms, drugs, gambling, crime or death
· Promotion of any unlawful behavior or conduct.
· Any other material deemed inappropriate or offensive by Blue Gravity Hosting.
Blue Gravity Hosting reserves the right to make changes to the affiliate agreement at anytime and solely at our discretion.
Continued participation in our affiliate program constitutes your agreement to any and all changes made to this agreement.
Affiliates earn $75 for every new 12 month (or greater) hosting account, $50 for every new VPS and $100 for a new dedicated server sale generated.
Qualifying sales must meet the following criteria to be eligible for commission credit:
· Each new sale must be by a new and unique visitor to Blue Gravity Hosting.
· All web hosting sales must remain active for 30 days before credit will be given.
VPS and Dedicated Server sales must remain active for 90 days before credit is given.
· Each new sale must remain in good standing. Commissions will not be credited for sales that have been
cancelled, terminated, charged back, refunded, or have outstanding balances within the 30 - 90 day activation period.
All sales must originate from the affiliates unique tracking URL. The tracking URL we provide must not be altered.
It is unique to each affiliate and any changes could result in inaccurate statistics generated and for commissions
not to be credited for a sale. Please test your unique tracking URL each time you use it. Blue Gravity Hosting will not be
responsible for, nor give credit for, sales that does not have your unique tracking URL attached to it.
Affiliate generated sales that do not meet these requirements, will not be eligible for commission credit.
Commissions are paid when affiliates reach a $75 commission balance. Commission balances that have not yet reached $75
will carry over to the next month until the $75 minimum has been reached. Commissions are processed at the end of each
month and paid by check. Checks will be made payable to the "name" you provided in your affiliate account. All funds
are paid in U.S. dollars.
Affiliates are responsible for their own tax liabilities on commission earnings from our affiliate program.
United States affiliates are required to complete IRS
Form W-9 and send it to Blue Gravity Hosting before any commissions can be paidout. The form can be sent
by mail or fax using the following information (Please be sure to include your Blue Gravity Hosting username):
ATTN: Affiliate Department
Blue Gravity Hosting
3655 Torrance Blvd Suite 180
Torrance CA, 90503
ATTN: Affiliate Department
5. AFFILIATE RESTRICTIONS
The following restrictions apply to all affiliates. If at anytime these restrictions are not adhered to, this
agreement will be terminated and any unpaid commissions will no longer be valid.
· Commissions earned through our affiliate program cannot be transferred to another user, hosting account,
or Blue Gravity Hosting program.
· Affiliates cannot earn commissions on their own hosting accounts or domain registrations.
· Affiliates are prohibited in utilizing our protected keyword "Blue Gravity Hosting" or any variation,
misspelling or combination of words with our keyword, in advertising and search engine sites.
· Affiliates are prohibited in making a representation, either expressed or implied, that
visitors to your site are visiting Blue Gravity Hosting's site.
· Affiliates are prohibited in using spam or any other unsolicited mass email campaigns.
Blue Gravity Hosting does not express or imply any warranties or representations in respect to our affiliate program
or an affiliate's potential to earn income from our affiliate program. We make no representation that either our
site or that of the affiliate program will be uninterrupted or error-free and we will not be liable for any
consequences of interruptions or server down time. Determination of compliance with all terms and conditions
will be solely up to the discretion of Blue Gravity Hosting.
Domain Name Registration Agreement
This Domain Name Registration Agreement ("Agreement") sets forth the terms and conditions of your use of
Blue Gravity Hosting to register an Internet domain name and/or to transfer a domain name from another registrar
to Blue Gravity Hosting. To complete the registration process, you must read and agree to be bound by all terms
and conditions of this Agreement and any rules or policies that are or may be published by Blue Gravity Hosting.
By submitting your registration and service request, you agree to be bound by all terms and conditions of this
Agreement. You acknowledge that Blue Gravity Hosting may modify or amend this Agreement at anytime.
1. Our Services
Blue Gravity Hosting is a reseller for an accredited registrar with the Internet Corporation for Assigned Names and Numbers
("ICANN") for Top Level Domain Names (TLDs), currently .com, .net, .org, .biz, and .info. ICANN oversees
registrations and other aspects of the TLDs. As an accredited domain name registrar, Omnis Network, LLC is,
upon accepting your domain name registration application, your sponsor for that application.
All domain name registrations we register for TLDs are not effective until we have delivered the domain name registration
information you provide us to the registry administrator for the TLDs, as applicable, and the registry administrator
puts into effect your domain name registration. Currently, the registry administrator for the .com and .net TLDs is
VeriSign Global Registry Services. The registry administrator for the .info TLD is Afilias Limited ("Afilias").
The registry administrator for the .biz TLD is Neulevel.
You agree and acknowledge that Blue Gravity Hosting is not liable or responsible in any way for any errors, omissions
or any other actions by the registry administrator arising out of or related to your application and receipt of, or
failure to receive, a domain name registration.
You further agree to indemnify, defend and hold harmless the registry administrator and their directors, officers,
employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including any
direct, indirect, incidental, special or consequential damages and reasonable legal fees and expenses) arising out of,
or related to, your domain name registration.
Blue Gravity Hosting uses a user name/password protection system to identify individuals authorized to maintain domain names.
This user name/password combination will be absolutely required to make any modifications and renewals to the domain
name registration. This information will be emailed upon request to the email address on record for the user account
associated with the domain name registration. It is the responsibility of the user to keep the contact information on
record up to date. You agree and acknowledge that Blue Gravity Hosting is not liable or responsible in any way for domain name
cancellations or related actions resulting from incorrect contact information.
As consideration for the domain name registration services provided by Blue Gravity Hosting, you agree to pay Blue Gravity Hosting,
prior to the effectiveness of the desired domain name registration, all applicable initial registration and renewal fees.
All fees are nonrefundable, in whole or in part, even if your domain name registration is suspended, cancelled or
transferred prior to the end of your then current registration term. Blue Gravity Hosting reserves the right to change fees,
surcharges, and renewal fees or to institute new fees at anytime, for any reason, at its sole discretion.
Your requested domain name will not be registered until Blue Gravity Hosting receives actual payment of the registration,
renewal and reinstatement fees as applicable. In the event of a chargeback by a credit card company or similar action
by any payment provider allowed by Blue Gravity Hosting in connection with the payment of the registration fee for your domain
name registration, you agree and acknowledge that the domain name registration shall be transferred to Blue Gravity Hosting as
the paying entity for that registration to the registry and that we reserve all rights regarding such domain name
including, without limitation, the right to make the domain name available to other parties for purchase. We will
reinstate your domain name registration solely at our discretion and subject to our receipt of the initial registration
or renewal fee and any reinstatement fees we may charge.
You will be notified via email to the email address on record as the billing contact at regular intervals beginning
sixty (60) days before the registered domain name expiration. Payment must be made by credit card or such other method
as we may indicate in the registration application or renewal form. Should renewal fees go unpaid beyond the domain
name's expiration date or within the time specified in a notice or reminder regarding renewal, your registration will
Cancelled registration will result in the deletion of the registered domain name from the applicable registry. Deleted
domain names may enter a Redemption Grace Period status. The Redemption Grace Period provides an opportunity to restore
the domain name and retain ownership. Restoration from the Redemption Grace Period may require a fee in addition to the
registration and renewal fee and must be paid prior to a domain name being restored from Redemption Grace Period.
You agree and acknowledge that Blue Gravity Hosting is not liable or responsible in any way for domain name cancellations or
related actions resulting from our inability to notify you of the domain name renewal because of incorrect contact
information or your failure to renew a domain name registration before the expiration date for any reason.
5. Domain Name Dispute Policy
You agree to submit to proceedings under ICANN's Uniform Domain Name Dispute Resolution Policy that is incorporated
herein and made a part of this Agreement by reference. The current version of the dispute policy may be found at ICANN's
website: http://www.icann.org/udrp/. This policy has been developed by ICANN and/or the specific Registration Administrator
and is a required component of every registration agreement. Please take the time to familiarize yourself with this policy.
You agree to indemnify, defend, and hold harmless ICANN, Blue Gravity Hosting, Registry Administrators and their respective
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 or related to your domain name registration and any disputes
6. Modifications to the Domain Name Registration Agreement and Dispute Policy
You acknowledge that the domain name system and the practice of registering and administering domain names are evolving and,
therefore, you agree that Blue Gravity Hosting may modify this Agreement and the Dispute Policy if necessary to comply with its ICANN
Agreement, and any other Agreements that Blue Gravity Hosting is currently bound by or will be bound by in the future, as well as to
adjust to changing business circumstances. Such modifications will be at the sole discretion of Blue Gravity Hosting. Your continued
use of the domain name registered to you shall constitute your acceptance of this Agreement and the Dispute Policy with the
new modifications. If you do not agree to any of such changes, you may request that your domain name registration be cancelled
or transferred to a different domain name registrar. You agree that such cancellation or request for transfer will be your
exclusive remedy if you do not wish to abide by any changes to this Agreement or the Dispute Policy.
7. Registration Information
You agree to submit all contact information requested during the domain name registration process. Blue Gravity Hosting's agreement
with ICANN and the registry administrators, requires the collection of this contact information. You further agree to
immediately validate and update the registration information for the domain name during the registration term of the domain
name when changes are made or upon notification from Blue Gravity Hosting to do so. Willful provision of inaccurate or unreliable
information, failure to update registration information or respond within fifteen (15) calendar days to a request to validate
registration information shall constitute a breach of this Agreement and will result in the cancellation or suspension of the
domain name registration.
8. Disclosure and Use of Registration Information
You agree and acknowledge that Blue Gravity Hosting will make available domain name registration information you provide or that we
otherwise maintain to ICANN, to the registry administrators, and to other third parties as ICANN and applicable laws may require.
You further agree and acknowledge that Blue Gravity Hosting may make publicly available, or directly available to third party vendors,
some, or all, of the domain name registration information you provide, for purposes of inspection (such as through our WHOIS
service) or for targeted marketing and other purposes as required or permitted by ICANN and applicable laws.
When registering a domain name under the .info TLD, you consent to the use, copying, distribution, publication, modification,
and other processing of registration information you provide by Afilias and it designees and agents in a manner consistent with
the purposes specified pursuant in its contract.
Blue Gravity Hosting will not process data about any identified or identifiable natural person that we obtain from you in a way
incompatible with the purposes and other limitations that we describe in this Agreement. Blue Gravity Hosting will take reasonable
precautions to protect the information it obtains from you from our loss, misuse, unauthorized access or disclosure, alteration
or destruction of that information.
9. Agents and Licenses
You agree that, if you are registering a domain name for someone else, you represent that you have the authority to nonetheless
bind that person as a principal to all terms and conditions provided herein, including the Dispute Policy.
You further agree that you will furnish the requested information to identify the appropriate person as domain owner.
You agree that if you license the use of the domain name registered to you to a third party, you nonetheless remain the domain
name holder of record and remain responsible for all obligations under this Agreement including, but not limited to, payment
obligations and providing and updating, as necessary, both your own full contact information and accurate technical, billing,
and zone contact information adequate to facilitate timely resolution of any problems that arise in connection with the domain
name and domain name registration.
10. Right of Refusal
Blue Gravity Hosting, at its sole discretion, reserves the right to refuse to register your domain name or to enroll you in any services.
In the event Blue Gravity Hosting does not register your domain name or enroll you in any services, no fees applicable to the rejected
services will be collected. Furthermore, Blue Gravity Hosting, at its sole discretion, reserves the right to delete or suspend your
domain name registration or cancel access to any services at any time if the domain name is used in any manner in unsolicited
email (spam), if the domain name is used in any activity prohibited by United States law or if the domain name is used in any
activity deemed unacceptable by Blue Gravity Hosting. After five (5) calendar days all applicable fees associated with deleted or
cancelled registrations or services are non-refundable.
You agree that the registration of your domain name is subject to suspension, cancellation, or transfer pursuant to any ICANN
adopted specification or policy, or pursuant to any registrar or registry procedure not inconsistent with an ICANN adopted
specification or policy to correct mistakes by Blue Gravity Hosting or a registry administrator in registering the domain name or for
the resolution of disputes concerning the registered domain name.
You agree that Blue Gravity Hosting shall not be liable to you for loss or damages that may result from our refusal to register your
domain name or enroll you in any service, the suspension of your domain name registration or service or the deletion or
cancellation of your registered domain name or service.
11. Changing Registrars
You agree that you will be prohibited from changing the registrar of your domain name for sixty (60) calendar days following
the initial registration of the domain name with Blue Gravity Hosting. Beginning on the sixty-first (61st) calendar day following
initial registration, Blue Gravity Hosting will notify the owner of the Omnis Network user account responsible for the domain name in
question via the email address on file whenever we receive a request to transfer the domain to another registrar. The user
may then access the Account Manager to authorize or deny the transfer. If a rejection or authorization is not explicitly
provided via the Account Manager within five (5) days of the initial request, the request to change registrars will be
automatically granted by the registry. Your request to change registrars may be denied in situations described in the Dispute
Policy, your pending bankruptcy, a dispute over the identity of the domain name holder, and default in the payment of any fees
12. Domain Name Modifications
Although Blue Gravity Hosting will accept changes to domain name contact and name server information through the Domain Name Control
Panel, Blue Gravity Hosting's record of the domain "owner" can only be changed via the following procedure. To transfer ownership of
the domain to another party, the customer must pay all outstanding registration fees and submit through the Domain Name Control
Panel the applicable form that describes the intent to relinquish ownership of the domain to a specific party. The new domain
owner, who must be the specific party designated by the old domain owner, must then follow the online procedures for obtaining
ownership of the previously relinquished domain name. The new domain owner must also pay a transfer of registration fee.
13. Representations and Warranties
You represent and warrant that all information provided by you in connection with your registration is complete and accurate.
Furthermore, you represent and warrant that the domain name registration or the manner in which it is directly or indirectly
used will not infringe the legal rights of any third party and will not violate United States law.
Blue Gravity Hosting makes no representation or warranties of any kind in connection with this Agreement. Blue Gravity Hosting does not represent
or warrant that registration of your domain name will immunize you from challenges to your domain name.
This agreement shall be governed by the laws of the United States of America and the State of California. For the adjudication
of disputes concerning or arising from use of the domain name registered with Blue Gravity Hosting, you shall submit, without prejudice
to other potentially applicable jurisdictions, to the jurisdiction of the courts of your home or business and where Blue Gravity Hosting
15. Limitation of Liability
YOU AGREE THAT BLUE GRAVITY HOSTING WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS THAT MAY OCCUR DUE TO (A) ANY LOSS OF
REGISTRATION OF A DOMAIN NAME, (B) THE USE OF YOUR DOMAIN NAME, (C) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO BLUE GRAVITY HOSTING'S
REGISTRATION SYSTEM, (D) THE NON-DELIVERY OR MISDELIVERY OF DATA BETWEEN YOU AND BLUE GRAVITY HOSTING, (E) EVENTS BEYOND BLUE GRAVITY HOSTING'S
REASONABLE CONTROL, (F) THE PROCESSING OF YOUR APPLICATION, (G) THE PROCESSING OF ANY MODIFICATION TO THE RECORD ASSOCIATED WITH
YOUR DOMAIN NAME, (H) THE FAILURE OF YOU OR YOUR AGENT TO PAY ANY FEES HEREUNDER, OR (I) THE APPLICATION OF THE DISPUTE POLICY.
FURTHER, BLUE GRAVITY HOSTING WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING
LOST PROFITS) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF BLUE GRAVITY HOSTING
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT BLUE GRAVITY HOSTING'S ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY,
WITH RESPECT TO ANY SERVICES PROVIDED BY BLUE GRAVITY HOSTING UNDER THIS AGREEMENT AND ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO
THE AMOUNT YOU PAID FOR SUCH SERVICES. IN NO EVENT SHALL BLUE GRAVITY HOSTING'S MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID
BY YOU FOR INITIAL REGISTRATION OF THE DOMAIN NAME AND ANY RENEWALS THEREOF IN THE PAST THREE YEARS. BECAUSE SOME STATES DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED
TO THE EXTENT PERMITTED BY LAW.
Web Hosting Service Agreement
This Web Hosting Service Agreement ("Agreement") defines the terms under which Blue Gravity Hosting provides web hosting service ("Service").
This Agreement is a binding contract between Blue Gravity Hosting ("Blue Gravity") and the individual or
company ("Customer") defined on the order form when an order for service is submitted.
BY COMPLETING AN ORDER FOR SERVICE, CUSTOMER AGREES TO BE BOUND BY THE TERMS OF THIS AGREEMENT, OUR ACCEPTABLE USE POLICY ("AUP"),
AND ALL AGREEMENTS, RULES AND POLICIES INCORPORATED HEREIN OR INCORPORATED BY REFERENCE. BLUE GRAVITY RESERVES THE RIGHT TO REVISE THIS
AGREEMENT AT ANY TIME. CUSTOMER'S CONTINUED USE OF SERVICE CONSTITUTES CONTINUED ACCEPTANCE OF THIS AGREEMENT.
1. Term of Service
The term of service is determined by Customer's selection on the order form during the order process or by Customer's
request to Blue Gravity's Customer Service Department ("Customer Service") to change to a different currently offered term.
The term shall begin upon the processing of Customer's order, which may not necessarily coincide with the commencement of
service, or upon completion of requested changes by Customer Service.
Upon completion of the term, Customer acknowledges and agrees that the term will renew automatically for successive terms
of length equal to the prior term.
2. Order Acceptance
Blue Gravity may refuse to accept an order for service at its sole and exclusive discretion. Blue Gravity provides no
guarantee or assurance to the time in which a new order will be processed. Any fees charged to Customer for an order that
was refused will be returned in full.
Customer authorizes Blue Gravity to automatically bill and charge the credit card provided, if applicable, for each term unless
service is terminated or cancelled by either party prior to the term's expiration. Customer acknowledges if using a payment method
other than credit card, payment must be received prior to term's expiration to ensure uninterrupted service. Blue Gravity may, at
its sole discretion, suspend or terminate service without notice if Customer fails to provide payment for the new term.
If Customer initiates a chargeback with the provider of a credit card or initiates a similar action to a payment provider allowed
by Blue Gravity for charges billed by Blue Gravity for service, service will be immediately cancelled without notice. Reestablishment
of service following a chargeback or similar action will require sufficient explanation for the action and payment of the disputed
charge and Blue Gravity's bank dispute fee. Blue Gravity, at its sole discretion, will determine whether any explanation provided for
a chargeback or similar action is sufficient.
4. 30 Money Back Guarantee
Blue Gravity may offer a money back guarantee for select new hosting service. If a money back guarantee is available for service, Customer
must request cancellation of service within the time frame permitted by the guarantee and refund must be explicitly requested. If cancelling
service in accordance with a Money Back Guarantee, any promotions received in combination with the service will not be fulfilled.This includes
but is not limited to any domain name registration provided free of charge with hosting service. If cancelling an account in accordance with
a Money Back Guarantee, the refund applicable will be reduced by any discounted or rebated domain name registration fees. If necessary to
recoup the discount or rebate provided for a domain name registation, the credit card provided for the service may be charged.
Blue Gravity reserves the right to cancel service at any time without notice and without refund upon breech of any Agreement, violation of
our Acceptable Use Policy, or violation of any rule or policy.
Customer can voluntarily cancel service at any time by contacting Customer Service. Customer agrees that authorization information in the
form of the user account username and password or the current active billing credit card number must be provided for a cancellation request
to be processed. Cancellation requests without proper authorization will not be processed. Blue Gravity is not responsible for charges billed
to Customer following a cancellation request received without proper authorization.
Customer acknowledges, upon cancellation of service, that content including but not limited to web site files, database data, and email
stored under space allocated for Customer's service may be deleted at any time following cancellation.
Customer agrees, upon cancellation of service, that Blue Gravity will not automatically refund any service fees. Customer must request a
refund for any unused service fees by contacting Customer Service. Upon request, a prorated refund for the unused term will be issued through
the same method with which the service fee was collected.
6. Acceptable Use Policy
An Acceptable Use Policy ("AUP") is in effect for hosting service. Any violation of the AUP may result in the immediate cancellation or
suspension of any or all service without warning.
7. Resource Allocation
Customer acknowledges that the real-time resources allocated for hosting service are dynamically allocated based on the amount of overall
resources used by Customer. Real-time resources include but are not limited to bandwidth, MySQL connections, email connections, web server
CPU, and web server RAM. Real-time resources may be affected by things such as, but not limited to, bandwidth and disk space used, the number
or size of configured email accounts, the number of web sites configured under hosting service, or the number of or activity on connections
to MySQL databases.
Blue Gravity uses Network-attached storage devices to store Customer's files. The nature of this type of storage requires that Blue Gravity
limit the number of files Customer can store with the hosting service to prevent exhaustion of the total number of files permitted on the
storage device. This limit is 81920 files. Customer acknowldeges that this limit exists for all hosting service and can not be adjusted.
8. Email Service
The hosting service provided to Customer includes email service. Customer acknowledges that email is not an instant message service and
email delivery may be delayed by many factors beyond Blue Gravity's control.
Blue Gravity employs various techniques to hamper unsolicited email and virus dissemination through email. Customer acknowledges that some
of the techniques may prevent receipt of email from some senders. Blue Gravity can assist in determining the cause of the failure but it is
the sender's responsibility to resolve the condition that caused the failure. Customer agrees that Blue Gravity is not responsible and will
not be liable for any outcome related to the failure to receive an email.
Email accounts provided by Blue Gravity may not be used for permanent archival of email messages. Blue Gravity may, at its sole discretion,
suspend an email account if the email account's disk usage is abusive or grossly exceeds the normal usage of other customers or detrimentally
affects the service of other customers in any way.
Email accounts have a per mailbox limit of 2 gigabytes and 10,000 email messages, whichever comes first. Once that limit is reached, messages
destined for the affected mailbox will be refused by inbound mail systems using industry standard methods.
Email messages stored in folders of an email account meant to hold deleted messages or messages marked as spam will be purged.
Messages older than 7 days in folders meant to hold deleted messages will be deleted. The folders defined by Blue Gravity to be intended to
hold deleted message are 'Trash' and 'Deleted Items'. Messages older than 14 days in folders meant to hold messages marked as spam will be
deleted. The folder defined by Blue Gravity to be intended to hold messages marked as spam is 'Spam'.
Customer acknowledges that email accounts left dormant will be removed. Blue Gravity considers an email account dormant that has not been
accessed for a period of 6 months following prior usage or that has never been accessed for a period of 90 days since creation. Customer
agrees that when an email account left dormant is removed the email stored in association with the dormant email account will be deleted.
Customer agrees that Blue Gravity is not responsible and will not be liable for any content lost when a dormant email accounts is removed.
Blue Gravity acknowledges that the data stored in support of hosting service, including but not limited to web site files, email messages,
web site logs, and database content, is confidential. Blue Gravity will never willfully access, review, or disseminate stored data unless
necessary to provide customer service and troubleshooting, in reviewing for policy compliance, when administering hosting services, or in
response to a subpoena, search warrant, or court order.
Blue Gravity uses industry standard practices to protect stored files, email messages, web site logs, database content and any other data
stored for support of a hosting account. Blue Gravity makes no guarantee to the security of applications installed by Customer including but
not limited to third party applications installed through the Account Manager. Customer acknowledges they are solely responsible for the
security of all applications installed by Customer even if the installation was facilitated through the Account Manager.
Customer acknowledges that the Internet is a volatile environment and Blue Gravity is not liable for confidential information stored by
applications installed by the Customer. Customer must take all appropriate precautions to secure confidential or sensitive information including
encrypting if Customer deems necessary. Customer acknowledges they are solely responsible for ensuring the security of stored data and
agrees that Blue Gravity is not liable for release of stored data.
11. Web server Logs and Web site Statistics
Blue Gravity provides the option for Customer to enable and use tools to generate web site statistics for a hosted web site. The web site
statistics will be generated automatically based on the web server activity associated with the hosting service. Blue Gravity makes every
attempt but does not guarantee to provide web site statistics on a daily basis. Customer acknowledges that the analysis of web site statistics
is a system intensive process and the analysis may occasionally run behind. Customer agrees to hold Blue Gravity harmless against claims
related to delayed web site statistics analysis.
Blue Gravity provides the option for Customer to be provided with raw log files containing the web server activity associated with a hosted web
site. Log files will be written periodically to a directory unique to each hosted web site. Blue Gravity makes every attempt but does not
guarantee to provide log files on a daily basis. Customer acknowledges that the creation of the log files may occasionally run behind
schedule. Customer agrees to hold Blue Gravity harmless against claims related to delayed access to log files.
To preserve disk resources, logs files will be deleted on a periodic basis. Customer is solely responsible for obtaining the log files prior to
deletion. Blue Gravity is not liable for logs files not retrieved by Customer prior to periodic deletion.
12. Customer Content
Customer acknowledges that web site construction and management is Customer's responsibility. Blue Gravity is not responsible for web site
management or files lost or damaged by Customer. Blue Gravity recommends that Customer maintain backups of content outside of space associated
with hosting service.
Blue Gravity maintains system backups that are intended only to recover from system failure. The system backups are not intended for restoration
of files to individual sites. A fee of $100.00 may be charged should Customer require any files from system backups. Blue Gravity does not
guarantee that the files contained in the system backup are the most recent copies for a given site. System backups are available for at most 6 days.
13. 18 U.S.C. ï¿½2257 Compliance
Blue Gravity fully complies with U.S.C. Title 18 ï¿½ 2257. Blue Gravity does not produce, publish, buy, or sell any adult-oriented content. Blue Gravity
does not hire, provide contract to, manage, nor otherwise arrange in any capacity for performers engaging in the production or publication of
adult-oriented cotent. Blue Gravity is an Internet web hosting service provider that does not select or alter the hosted web site content in any way
and is therefore exempt from the provisions of U.S.C. Title 18 ï¿½ 2257.