BlueSteam Web Hosting - Services Agreement

By: Bluesteam Web Hosting  11-11-2011

1. Appropriate use of the services
BlueSteam provides the services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such services.

Client content
Client agrees that he/she will not distribute, electronically transmit or display any materials supplied by client, or through client by a third party, to any BlueSteam server in connection with client's use of the services which:
  • violate any state, federal or foreign laws or regulations
  • infringe on any intellectual property rights (e.g., copyright, trademark, patent or other proprietary rights) of BlueSteam or any third party
  • are defamatory, slanderous or trade libelous
  • are threatening or harassing
  • are discriminatory based on gender, race, age or promotes hate
  • violate any BlueSteam policy posted on the BlueSteam site including, but not limited to, our acceptable use policy (includes adult content policy), uce (spam) policy, and cgi abuse policy.
  • Contain viruses or other computer programming defects which result in damage to BlueSteam or any third party.

Client may occupy only the amount of disk space on the BlueSteam server and utilize no more than the network bandwidth that is allotted by BlueSteam. Additional fees, specified in the virtual host plans page, will be charged for exceeding the disk space and/or network bandwidth allowance of your selected plan.

No "spam"
Client shall not use the services for chain letters, junk mail, spamming, or any use of distribution lists to any person who has not given specific permission to be included in such a process. Client also shall not engage in any unsolicited email practices at BlueSteam, or otherwise, that mentions or reference any domain hosted on BlueSteam servers or parked on BlueSteam dns servers.
Note: this policy applies to virtual server accounts dedicated server customers, and all domains, names servers and parked domains hosted on the server. (violators will be fined! Refer to our uce (spam) policy).

Licensed software only
Client agrees to use only properly licensed third party software in connection with client's use of the services.

Back-up files
Client will have the ability to reinstate files which are automatically archived by BlueSteam; however, BlueSteam does not guarantee the existence, accuracy, or regularity of its backup services and, therefore, client is responsible for making back-up files in connection with its use of the services. Backup capability is available through the client’s control panel.

BlueSteam prohibits any form of reselling webspace, mail service or service provided by BlueSteam to a third party. This is due to a conflict of interest between the client, the clients third party involvment and BlueSteam's main line of business.

2. Payment obligations

Service Fees
Once a month, BlueSteam shall deliver by email or regular mail an invoice to client in accordance with the applicable services fees for services rendered for the current month. Where an invoice is delivered to client, client shall remit payment to BlueSteam by no later than the specified payment due date. BlueSteam shall be entitled to immediately terminate this agreement for the client's failure to make timely payments to BlueSteam. Certain services carry a set-up fee charged by BlueSteam to the client that must be paid by client in order to have use of the services. If client terminates this agreement in accordance with section 4 hereunder, client shall be responsible for any outstanding fees owed to BlueSteam and agrees to pay any and all fees incurred by client. Because the services are provided on a monthly basis, client will be responsible for service fees incurred each month regardless of when client provides notice of termination. Thus, for example, if client provides notice to terminate on the 15th of a particular month, client will still owe fees for the entire month and such fees will not be pro-rated or refunded. If client has retained the services for one (1) year and has pre-paid BlueSteam for such services, refunds will be issued for any unused full month portions of the services upon clients request. Therefore, if client's account is cancelled at any point during the one (1) year term, client will be entitled to a refund for the months remaining after notice given by the 25th of the preceding month.

Domain Names
If client chooses to register a domain name(s) through BlueSteam, client acknowledges and agrees that client will pay a registration fee(s) to register the domain name(s) with the applicable domain name registrar. BlueSteam does not offer refunds for domain name registrations for any reason, including misspelling of the domain name.

3. Client liability and indemnification
The parties agree that in no event shall BlueSteam be liable to any third party for client's breach or alleged breach of any of the terms and conditions set forth in this agreement. Client agrees to defend, indemnify and hold harmless BlueSteam from any and all expenses, losses, liabilities, damages or third party claims resulting from client's breach or alleged breach of any client obligations set forth hereunder. Upon registration to any of BlueSteam's services, the client agrees to provide accurate and complete contact information to BlueSteam. If in any event or circumstance, BlueSteam suspects for any reason that the client has provided false information, BlueSteam reserves the right to place the account under suspension immediately. BlueSteam reserves the right to withhold ANY and ALL refunds if BlueSteam suspects any form of foul play or breach of contract until such time as the matter can be resolved. This includes Point 8, 'Refund Policy', of this service agreement

4. Term, termination & reinstatement
Subject to the terms and conditions hereof, this agreement shall be effective on the date you register for the services, and shall continue in effect on a month-to-month basis unless otherwise specified by separate agreement (the "term") unless terminated earlier pursuant to the provisions of this section 4. Either party will have the right to terminate this agreement upon notice to the other party. If client is terminating this agreement, client must follow instructions for cancellation provided on the server cancellation information page. The essence of this page states that client must log a support ticket to receive a cancellation number, which the client shall retain as proof of termination, and all cancellation requests must be received by the twenty-fifth (25th) of the respective month of cancellation. Any other attempt by client to cancel this agreement by written or e-mail notice shall be void. Sections 3 - 8 shall survive termination or expiration of this agreement.

If the client terminates its account or the client's account becomes terminated due to non-payment, the client shall be allowed to re-instate the use of the services within seven (7) business days of cancellation. Client shall pay a fee of one hundred and fifty rand (R150) prior to any re-instatement of client's account. Once payment has been received, the client's account will be activated within forty-eight (48) business hours. BlueSteam will maintain an archival copy of client's web site for seven (7) days after BlueSteam receives notice of cancellation. Thereafter, client will need to place a new order if it wishes to subscribe to the services.

5. Taxes
The client will pay and indemnify and hold BlueSteam harmless from any and all taxes associated with or arising from client's use of the services, including any penalties and interest and any costs associated with the collection or withholding thereof.

6. Disclaimer of warranty
The services, the BlueSteam site, including without limitation, all products and services displayed or offered on the BlueSteam site, and all text, graphics, links and applications are provided to the client on an 'as is' basis and without warranty of any kind. BlueSteam disclaims all warranties, express or implied, with respect to each of the foregoing, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement or arising from a course of dealing. Without limiting the generality of the foregoing, BlueSteam specifically disclaims any warranty that:
  1. the services will be uninterrupted or error-free
  2. defects will be corrected
  3. There are no viruses or other harmful components
  4. The security methods employed will be sufficient

7. Limitation of liability
In no event shall BlueSteam be liable for damages resulting from loss of data, profits, use of the BlueSteam site or any BlueSteam products or services, or for any incidental, indirect, punitive, or consequential damages in connection with this agreement or in connection with any products or services provided hereunder. In no event shall BlueSteam’s cumulative liability exceed an amount greater than three thousand rand (R3000).

8. Refund Policy
BlueSteam provides a 30-day money back guarantee for all services offered by BlueSteam. We unfortunately do not however, offer an unconditional money back guarentee. The condition is a demonstrated failure on our part to provide the service you signed up for. This is to prevent spammers from entering our system. If for any reason you are not completely satisfied with our services and request cancellation within 30 days of signing up, you will be given a full refund. This excludes any domain transfers or registrations. A violation of our AUP will also unfortunately deprive you of a refund.

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