Bluby Terms & Conditions

Upon registering on bluby.com you agree and acknowledge the following terms & conditions.

All Projects and Services related to Hosting, Website Design, CMS, Domain Names, Secure Certificates, Apps, SEO indicate acceptance of these terms.

Allowed content

Bluby does not allow storage and/or display of the following material on its servers. This includes uploading to web sites, or transmitting by any material (by e-mail, uploading, posting or otherwise).

    • Adult Sites: We prohibit any adult (pornographic) web-sites on our servers, including pedophile sites, sites linking to pornographic sites (outside links) and pornographic advertisements on your own site.
    • Illegal use: Bluby services may not be used for illegal purposes, or in support of illegal activities.
    • Copyright or trademark infringement: Use of the Bluby service to transmit any material (by e-mail, uploading, posting, hot linking, directly linking or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.
    • Distribution of Viruses, Spyware, and Malware: Distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Distribution of software that monitors computer or computer user activity without the computer user’s knowledge and consent is prohibited.

Spamming

Spamming (sending unsolicited commercial or bulk emails) using our servers is strictly not allowed. DO NOT SEND SPAM EMAIL FROM OUR SERVERS.

Sending spam emails which include links to a web site hosted on one of our servers is also forbidden. We reserve the right to suspend or terminate any site that is linked to from spam emails.

To protect our servers we may impose limits on the number of emails sent within a particular time frame from our servers.

Usenet Spamming: We have a zero tolerance policy for the use of our network for the posting of messages or commercial advertisements, which violate the rules, regulations, FAQ or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.

Server Use

We want to allow our customers to use our servers the best way, but in order to protect other users, we may, temporarily or not, suspend a shared hosting site if this site slows down our servers or uses too much server resource. In this case, we will try to find a solution together with the customer.

You may not use your site to publish material, which Bluby determines, at its sole discretion, to be unlawful, indecent or objectionable. For purposes of this policy, “material” refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings.

You must take reasonable steps to protect the security of our servers. This includes, but is not limited to:

    • keeping all passwords to Bluby systems secure. You must not reveal your passwords to third parties.
    • ensuring that any scripts that are installed on your site cannot be exploited to compromise the security or the server.

The following constitute violations of Bluby terms and conditions:

    • Illegal use: Bluby services may not be used for illegal purposes, or in support of illegal activities. Bluby reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.
    • Harm to minors: Use of the Bluby service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography.
    • Threats: Use of the Bluby service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.
    • Harassment: Use of the Bluby service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.
    • Fraudulent activity: Use of the Bluby service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as “pyramid schemes,” “ponzi schemes,” “hyip schemes,” and “chain letters.”
    • Forgery or impersonation: Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited.
    • Unsolicited commercial e-mail / Unsolicited bulk e-mail (SPAM): Use of the Bluby service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type will result in the immediate termination of the offending Bluby account.
    • Unauthorized access: Use of the Bluby service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Bluby’s or another entity’s computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending account is subject to immediate termination.
    • Fraudulent links: Use of fraudulent referrers to a site hosted on our servers is forbidden. This includes, but is not limited to, blog ping backs. Inappropriate (e.g. off-topic or automated) postings to forums, or other services containing links to a site hosted on our servers is forbidden.
    • Servers and Proxies: Use of server software or scripts which creates a listening socket on our server is forbidden. Proxies which receive requests over HTTP and use our network connection to forward the request to another server are not permitted. This includes, but is not limited to, HTTP proxies.
    • File Sharing and Bit Torrents: Use of software and scripts for “file sharing”, “bit torrents” or similar is not allowed on our servers. This includes sending or receiving files using these mechanisms.

Scripts

You are responsible for ensuring that any scripts that you install do not compromise the security of our servers. This includes, but is not limited to:

    • ensuring that it is not possible to abuse such scripts to gain access to the file system of the server.
    • ensuring that it is not possible to abuse such scripts to send emails to third parties.
    • ensuring that you update any installed scripts with the latest releases, which often contain security fixes.

If a script installed on your site is compromised, we may require a clean up of your site.

Where we provide an automatic script installer we may update installed scripts to the latest releases.

Server maintenance

We might have, from time to time, to perform maintenance, upgrades or replacements to our servers. We reserve the right to suspend access to such server during the required time to do the maintenance, upgrade or exchange the server, for no more than 4 hours. In this event, the users will be sent an e- mail at least 24 hours before the due date and time for maintenance.

Responsibility

Bluby will not be responsible for any damages your business may suffer. Bluby makes no warranties of any kind, expressed or implied for services we provide. Bluby disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Bluby, its employees, suppliers, customers or any third party.

You, as a Bluby customer, are solely responsible for the content stored on and served by your web site.

Backups

You are solely responsible for maintaining adequate backups of your content.

We may provide a backup service for your site and can restore daily, weekly and even monthly backups upon request. There is a $10 fee on more than one request per week.

Technical Support

Bluby provides technical support to our customers via a support ticket system. For shared hosting, Bluby provides support related to your web site physical functioning. Bluby does not offer technical support for application specific issues such as PHP or cgi programming, html, script installation or any other such issue.

You may purchase additional technical support for issues which are not covered by our normal support. Our standard technical support rate is $40 per hour, paid in advance. For a cost estimate for additional support please create a support ticket in the members area describing the support you require. If you purchase additional technical support and our estimate is too low we will stop work and advise you as soon as possible and provide you with a new estimate. If our estimate is too high, we will refund any extra amount paid by you.

Modification

We may modify any of these terms and conditions contained, at any time and in our sole discretion, by posting a change notice or a new agreement on our site. Your continued participation now, or within thirty (30) days following the posting notice of any changes in these terms and conditions, will constitute a binding acceptance by you of such rules, changes or modifications. If any modification is unacceptable to you, your only recourse is to terminate your account(s). In this case, a pro-rata repayment of web hosting costs will be made.

Content Management Systems (CMS) (applies to only Legacy Customers from before 2013)

Bluby CMS shall not be copied, duplicated or used without written consent from Bluby. Use of the CMS provides content management tools needed to edit a single instance of a website. A single installation and license allows for on going support as long as the installation is not compromised by a third party. There are no returns, refunds or cancellations for the CMS. Please review the CMS Payment Structure for additional information.

Android & iOS App Development

Bluby requires 100% payment up front for all Android/iOS App development projects unless otherwise specified in contract agreement as milestone payment(s). Once a contract agreement has been acknowledged and signed and/or once an official project ticket is opened the client agrees to all terms and conditions set within the contract agreement and these Terms & Conditions herein.

There are no refunds, cancellations or charge backs allowed for Android and iOS App development projects, agreements or contracts.

Contract agreements that exceed 90 days without milestone payment(s) are placed into a Delinquent status.

Delinquent status indicates the following:

1. Delinquent milestone payment(s) are no longer in Milestone status
2. Delinquent milestone payment(s) require full payment up front in order to proceed with project
3. Previous milestone payment(s) are surrendered to Provider
4. Payments due in full may be filed as a Legal claim for non payment

Ticket System and Support Tickets

Registering on Bluby.com and opening a Support Ticket binds each client to the Bluby Terms and Conditions as displayed on Bluby.com.

SEO/SEM/SOCIAL MEDIA

Bluby Search Engine Optimization services and Search Engine Marketing campaigns are non-refundable. Each services and campaign is custom tailored for each individual client. Clients are provided full reporting and analysis per agreed individual services and/or campaign as agreed on the Bluby Ticket System. Bluby is not responsible for third party Social Media entities and you are bound to their individual terms of service. There are no guarantees, returns, refunds or cancellations.

Uptime Guarantee

We have an availability guarantee of 99.99% availability per month. It is not applicable to domain name registrations or dedicated server hosting.

Chargeback and Payment Disputes

All payment disputes must be raised via the support ticket system.

If you dispute a payment through your credit card company, through PayPal or another financial institution we may immediately suspend or terminate all services you have purchased from us. We may levy a charge of $100 per dispute instance, payable before we restore your services. If we are charged a chargeback settlement fee, or other fee related to the payment dispute, we may pass this fee onto you.

Termination and Suspension

You may terminate your hosting at any time by advising us via a support ticket that you wish to do so.

We may suspend any or all of your services where we have reason to suspect a violation of our terms and conditions whilst we investigate the suspected violation. We may suspend your services where we have reason to suspect that a script installed on your site is being abused whilst we investigate the suspected abuse.

Clean Up

If we suspect that activities performed by you or a third party on your hosting account, whether deliberate or not, may compromise the security of our server or any other server or computer, we may require a clean up to be performed.

A simple clean up will be provided free of charge, resulting in total loss of existing data on your hosting account. You should then restore the site from your backups. Depending on the severity, we may agree to perform a complex clean up (targeting only compromised files), for which we will charge support at our standard support rate.

Violations

If you violate our terms and conditions we may terminate or suspend (temporarily or indefinitely) any services you have with us. In this case no refunds will be given for any payments that have been issued.

Payments & Milestones

All projects/contracts/services Documents must be acknowledged and signed prior to the project start date. The following is our standard payment policy structure:

– Website Development (100% Payment Required)
– Search Engine Optimization / Search Engine Marketing / Social Media (100% Payment Required)
– App Development (100% Payment Required)
– Website Design (50% Payment Required / 50% Payment due upon live publish)
– Logo Design (50% Payment Required / 50% Payment due upon final approved selection)
– Content Writing (100% Payment Required)
– Data Entry Services (100% Payment Required)
– Website Hosting – (100% Payment Required)

Paypal Subscriptions

Canceling service with us will not cancel any recurring payments you already have setup for this package in PayPal. In order to stop your PayPal account from sending us payment you need to manually cancel your PayPal subscription for this package. Otherwise, you will continue to see payments for this package come out of your PayPal balance. Our Terms of Services states that you will not get refunded for payments made by a PayPal subscription for a canceled package or service.

Cancellation and Refunds

Bluby will accept a request to cancel a Web hosting account and give a full refund to a new customer who requests such refund and cancellation within 15 days of ordering a hosting package.

– CMS payments, contracts and/or projects may not be canceled or refunded
– Website Design payments, contracts and/or projects may not be refunded
– Domain name registrations cannot be cancelled and are not refundable
– Dedicated server plans are not refundable
– All SEO/SEM/SMM Subscriptions require 60 days notice in writing via email prior to cancellation.
– Early termination fees may apply

SocialMediaTrackr.com

– SocialMediaTrackr.com is owned and operated by Bluby.com
– When registering on SocialMediaTrackr.com all Bluby.com terms and conditions apply
– Bluby.com is not held responsible for content that is posted, displayed, portrayed, written, published by social network users on all Social Media Networks
– Use of our Social Media Marketing Services is at your sole risk
– You must be 13 years or older to use this Service
– You are responsible for the security of all your Social Media accounts
– You may not use the Service for any illegal or unauthorised purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws)
– Social Media Network entities reserve the right to lock, block, terminate, deactive your Social Media accounts
– Bluby.com is not responsible for locked, blocked, terminated or deactivated Social Media accounts

Revision dates:
04/5/2012
11/18/2014