This agreement is between you and Blogs About Hosting. (Blogs About Hosting ). Your service is for the use of yourself, your household and/or your designated representative. You agree that your password and changes to it are your responsibility. You will be billed every month for our service, according to our current published rates, unless you explicitly close your account. Payments are made via PayPal and are debited every month (or annually). You specifically agree to pay these charges each month and further agree that failure to pay such charges is grounds for termination of all your services.
The registration of a domain name confers no legal right to that name. Any domain name associated with a closed account for which no alternative name service has been arranged will be unregistered.
Blogs About Hosting is open to the public. You are solely responsible for your usage of Blogs About Hosting and any statement you make on Blogs About Hosting may be deemed a “publication” of the information entered. Acknowledging the foregoing, you specifically agree not to use our service in any manner that is illegal or libelous.
This agreement is effective when you first use Blogs About Hosting and continues until terminated by either party. You may cancel your service at any time by notifying Blogs About Hosting . You are responsible for cancelling your payment subscription for hosting services via your own PayPal account. If this agreement is terminated by either party, you are still responsible for any charges on your account. Blogs About Hosting can change this agreement at any time upon giving reasonable notice to you in either writing or electronic format. You may not amend or change this agreement unless Blogs About Hosting agrees to it in writing.
You agree to use all Blogs About Hosting services and facilities at your own risk. Blogs About Hosting specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall Blogs About Hosting be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. You agree to protect and indemnify Blogs About Hosting against any and all liability, loss or expense arising from claims of libel, unfair competition, unfair trademarks, trade names or patents, violations of rights of privacy and infringement of copyrights and property rights resulting from your use of Blogs About Hosting .
Blogs About Hosting’s Acceptable Use Policy (AUP) is designed to provide a clear understanding of the rules, regulations and restrictions regarding the use of Blogs About Hosting’s services.
From time to time Blogs About Hosting may impose reasonable rules and regulations regarding the use of its services. The AUPs are not exhaustive and Blogs About Hosting reserves the right to modify the AUPs at any time, effective upon either the posting of the modified AUPs to www.Blogs About Hosting.com or notification of the modified AUPs.
By registering for and using the services, and thereby accepting the terms and conditions of the Terms of Service Agreement or its equivalent, you agree to abide by the AUPs as modified from time to time. Any violation of the AUPs may result in the suspension or termination of your account or such other action as Blogs About Hosting deems appropriate. An unlisted activity may also be a violation of the AUPs if it is illegal, irresponsible, or disruptive use of the Internet. No credits will be issued for any interruption in service resulting from policy violations.
VIOLATION OF ANY AUP IS STRICTLY PROHIBITED AND MAY RESULT IN THE IMMEDIATE TERMINATION OR SUSPENSION OF THE SERVICES YOU RECEIVE FROM Blogs About Hosting. YOU SHALL REMAIN SOLELY LIABLE AND RESPONSIBLE FOR YOUR USE OF THE SERVICES AND ANY AND ALL CONTENT THAT YOU DISPLAY, UPLOAD, DOWNLOAD OR TRANSMIT THROUGH THE USE OF THE SERVICES. “CONTENT” INCLUDES, WITHOUT LIMITATION, YOUR E-MAIL, WEB PAGES, PERSONAL HOME PAGES, AND DOMAIN NAMES. IT IS Blogs About Hosting’S POLICY TO TERMINATE REPEAT INFRINGERS. Blogs About Hosting RESERVES THE RIGHT TO REFUSE SERVICE TO ANYONE AT ANY TIME
Blogs About has a 5-day grace period on payments that are due. You will receive a reminder 48 hours after payment is due, if after 5 days, from your due date, we have not received your payment – your account will be suspended until payment is made. There is a $10.00 re-instatement fee that will be charged if your account is suspended due to non-payment. That $10.00 fee will be taken out with your next scheduled payment to Blogs About. If you choose to terminate your account with Blogs About after a suspension, you will still need to pay a $10.00 re-instatement fee to re-activate your account in order to download any data from our server. If you do not pay the re-activation fee, the account will be terminated, after 30 days, and you will be unable to obtain the data from the server. If we receive no communication from you at all, the account will be terminated after 10 days following a suspension.
You agree that this service is governed by the Laws of the State of Wisconsin. You agree that the City of West Bend and the County of Washington.,Wisconsin in which Blogs About Hosting is located shall be the forum for any legal action relating to our services.
Blogs About Hosting reserves the right to refuse service to anyone at any time. However, if Blogs About Hosting should deem it necessary to initiate termination of services with you, Blogs About Hosting specifically agrees to provide reasonable notice to you in order to allow you to download any files.
To cancel your account, please take the following steps (NOTE: CANCELLATIONS REQUESTS MADE BY EMAIL WILL NOT BE PROCESSED):
- Login to PayPal and CANCEL your recurring subscription to BLOGS ABOUT HOSTING OR E.WEBSCAPES (it will be listed as one or the other)
- Log into your BlogsAbout Client Area.
- Click My Products & Services.
- Click the icon in the “Details” row that corresponds with the account you’d like to cancel. This loads the “Product Details” page.
- Scroll to the bottom of the page and click the “Request Cancellation” button. This loads the “Account Cancellation Request” page.
- Enter your reason for cancellation and select your preferred cancellation type: Immediate or End of Billing Cycle.
- Click the “Request Cancellation” button
No other avenues of cancellation will be accepted.
While no advance notice of cancellation is required, all fees paid for service to the point of cancellation are nonrefundable. All fees paid for domain registration are nonrefundable, without exception.
Each of Blogs About Hosting packages carries a 30-day money back guarantee. If you are not completely satisfied with our services within the first 30 days of your contract, you will be given a full refund of the monthly or annual service fee’s paid excluding any setup fees, gateway fees, domain registration or transfer fees, charges for excess bandwidth, payment transaction fees or other charges related to setup or utilization of the service.
Requests for cancellation of services and refund must be submitted via the process noted above, and it must be received by us prior to the close of business on or before the 30th day of service and your account must be paid in full. No refunds are available after the 30th day. In the event Blogs About Hosting selects to terminate Customer without cause, Customer shall receive a full refund of any balance. However, if Customer terminates this agreement without cause, there shall be NO REFUND of the Setup Fee or any remaining balance.
Misuse of system resources:
To protect and maintain high availability of all servers, activities designed to cause harm to or monopolize the resources of any server in the Blogs About network is prohibited. This includes, but is not limited to, the use of programs that consume excessive CPU time; use of server space for backup or storage of material unrelated to the web site of an account; use of any provided mail services other than for the client’s own account; resale of disk space without an appropriate reseller agreement; use of servers to engage in any malicious or illegal activity, including unauthorized access to remote systems or providing the means for such access or engaging in any activity that can be used as a means to begin remote system penetration; distribution of viruses, worms, or any other electronic destructive resource; or maintaining or creating any free for all (FFA) type sites.
Internet Relay Chat (“IRC”) related materials are prohibited, without exception. This includes bots, bouncers, or any script or software package designed to facilitate the creation, maintenance, or access to any IRC server or channel. Client accounts found to have such software or scripts uploaded are subject to suspension or termination without notice. Scripts or software found to exist on any server will be deleted immediately upon discovery, without notice, and a warning issued. Further violations of this policy will result in account termination.
CGI or php-based shell scripts are prohibited. This includes any script that is used for the purpose of issuing shell-level commands or which acts as a proxy for shell access via a web browser rather than the use of the embedded SSH client in the control panel or the use of a standalone SSH client. Such scripts will be deleted without notice when found. Continued use of such scripts will be grounds for account termination.
Web proxy scripts are prohibited. This includes any script, such as nph-proxy, that allows anyone to browse to a third party web site from any server in the Blogs About Hosting network or that otherwise masks the true origination point of browsing activities by use of network information associated with Blogs About Hosting. Such scripts will be deleted when found. Repeated violations will result in account suspension or termination.
The weblog software Greymatter is not permitted on any Blogs About Hosting server. Filtering is performed on all servers to deny access to the scripts Greymatter utilizes due to the resource issues created by those scripts. Installations found will be noted to the account holder for removal and transitioning to a new weblog software package.
Scheduled Maintenance Downtime
In an effort to continue to provide our clients with the best possible hardware and software available on the market today, we do have to schedule server downtime for maintenance issues to perform software upgrades, hardware maintenance and the like. We will always send out notice of these scheduled maintenance times with at least a 24-hour notice. However, sometimes, server maintenance needs to occur immediately in order to ensure smooth operations – we will notify you within 24-hours where possible, however if it is an emergent need, we will notify our clients as soon as we know the maintenance is scheduled and give an approximate quantity of time expected for server downtime.
Because scheduled maintenance is part and parcel of keeping our equipment current and running smoothly, and maintenance downtime is to be expected, it is an unavoidable situation.
Because we realize that any downtime is frustrating for everyone, we will schedule the server maintenance during low readership times, in hopes that it is at the least inconvienent times for our clients.
Typically, we schedule our server maintenance on Saturdays between the hours of 1AM and 5AM.
Customer Security Responsibilities
The customer is solely responsible for any breaches of security affecting servers under customer control. If a customer’s server is involved in an attack on another server or system, it will be shut down and an immediate investigation will be launched to determine the cause/source of the attack. In such event, the customer is responsible for the cost to rectify any damage done to the customer’s server and any other requirement affected by the security breach. The labor used to rectify any such damage is categorized as emergency security breach recovery and is currently charged at $195 USD per hour. Enquiries regarding security matters may be directed to abuse@Blogs About Hosting .com
System And Network Security Violations of system or network security are prohibited, and may result in criminal and civil liability. Blogs About Hosting may investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of system or network security violations include, without limitation, the following:
Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network.
Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network.
Interference with service to any user, host or network including, without limitation, mailbombing, flooding, deliberate attempts to overload a system and broadcast attacks.
Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting.
High-risk services, which are services which tend to attract denial of service attacks, are strictly prohibited. This includes, but is not limited to, IRC related services and selling of shell accounts.
Violators of the policy are responsible, without limitations, for the cost of labor to clean up and correct any damage done to the operation of the network and business operations supported by the network, and to respond to complaints incurred by Blogs About Hosting. Such labor is categorized as emergency security breach recovery and is currently charged at $195 USD per hour required. Enquiries regarding security matters may be directed to abuse@Blogs About Hosting .com. Blogs About Hosting is concerned with the privacy of online communications and web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence , however, Blogs About Hosting urges its customers to assume that all of their online communications are insecure. Blogs About Hosting cannot take responsibility for the security of information transmitted over Blogs About Hosting’s facilities.
The customer is responsible for protecting customer’s password and for any authorized or unauthorized use made of customer’s password. The customer will not use or permit anyone to use Blogs About Hosting’s service to guess passwords or to access other systems or networks without authorization. Blogs About Hosting will fully cooperate with law enforcement authorities in the detection and prosecution of illegal activity.
Customers are responsible for maintaining their contact information in the ticketing system such that the email address is always reachable even in the event of their Blogs About Hosting servers being shut down.
The customer is expected to be familiar with and to practice good Internet etiquette (Netiquette). The customer will comply with the rules appropriate to any network to which Blogs About Hosting may provide access. The customer should not post, transmit, or permit Internet access to information the customer desires to keep confidential. The customer is not permitted to post any material that is illegal, libelous, tortuous, indecently depicts children or is likely to result in retaliation against Blogs About Hosting by offended users. Blogs About Hosting reserves the right to refuse or terminate service at any time for violation of this section. This includes advertising services or sites via IRC or USENET in clear violation of the policies of the IRC channel or USENET group.
Copyright Infringement – Software Piracy Policy
The Blogs About Hosting network may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of United States or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights. Making unauthorized copies of software is a violation of the law, no matter how many copies you are making. If you copy, distribute or install the software in ways that the license does not allow, you are violating federal copyright law. If caught with pirated software, you or your company may be liable under both civil and criminal law, and you may be fined up to $250,000 and/or receive up to 5 years in jail. In compliance with the Digital Millenium Copyright Act (the “DMCA”), please send DMCA notifications of claimed copyright infringements to abuse@Blogs About Hosting.com. Blogs About Hosting will cooperate fully with any civil and/or criminal litigation arising from the violation of this policy.
Network Responsibility Customers have a responsibility to use the Blogs About Hosting network responsibly. This includes respecting the other customers of Blogs About Hosting. Blogs About Hosting reserves the right to suspend and or cancel service with any Customer who uses the Blogs About Hosting network in such a way that adversely affects other Blogs About Hosting customers. This includes but is not limited to:
Attacking or attempting to gain unauthorized access to servers and services that belong to Blogs About Hosting or its customers (i.e. computer hacking), and/or
Participating in behavior which result in reprisals that adversely effect the Blogs About Hosting network or other customers’ access to the Blogs About Hosting network.
Blogs About Hosting will react strongly to any use or attempted use of an Internet account or computer without the owner’s authorization. Such attempts include, but are not limited to, “Internet Scanning” (tricking other people into releasing their passwords), password robbery, security hole scanning, port scanning, etc. Any unauthorized use of accounts or computers by a Blogs About Hosting customer, whether or not the attacked account or computer belongs to Blogs About Hosting, will result in severe action taken against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack. Any attempt to undermine or cause harm to a server, or customer, of Blogs About Hosting is strictly prohibited.
Violations of this policy may be reported directly to the FBI’s Infrastructure Protection & Computer Intrusion Squad at http://www.fbi.gov/programs/ipcis/ipcis.htm. Blogs About Hosting will cooperate fully with any civil and/or criminal litigation arising from the violation of this policy.
All services may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any applicable law, regulation, or AUP is prohibited. This includes, but is not limited to:
copyrighted material or material protected by trade secret and other statute or dissemination of harmful or fradulent content.
Using any Blogs About Hosting service or product for the purpose of participating in any activity dealing with subject matters that are prohibited under applicable law is prohibited.
Any conduct that constitutes harassment, fraud, stalking, abuse, or a violation of federal export restriction in connection with use of Blogs About Hosting services or products is prohibited. Using the Blogs About Hosting network to solicit the performance of any illegal activity is also prohibited, even if the activity itself is not performed. In addition, knowingly receiving or downloading a file that cannot be legally distributed, even without the act of distribution, is prohibited.
Servers hosted within Blogs About Hosting network are open to the public. You are solely responsible for your usage of the Blogs About Hosting network and servers and any statement you make on servers hosted within the Blogs About Hosting network may be deemed “publication” of the information entered. Acknowledging the foregoing, you specifically agree not to use our service in any manner that is illegal or libelous.
Child Pornography on the Internet
Our policy on child pornography is zero tolerance. Blogs About Hosting will cooperate fully with any criminal investigation into a Customer’s violation of the Child Protection Act of 1984 concerning child pornography. Customers are ultimately responsible for the actions of their clients over the Blogs About Hosting network, and will be liable for illegal material posted by their clients.
According to the Child Protection Act, child pornography includes photographs, films, video or any other type of visual presentation that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years or any written material or visual representation that advocates or counsels sexual activity with a person under the age of eighteen years.
Violations of the Child Protection Act may be reported to the U.S. Customs Agency at 1-800-BEALERT
Adult Content on the Internet
As a general policy, Blogs About Hosting does not disallow adult content. However, Blogs About Hosting will provide notification and will inform any customers in writing of improper materials on our servers. Blogs About Hosting also reserves the right to disconnect any customers immediately.
Commercial Advertisements with E-mail
Blogs About Hosting takes a zero tolerance approach to the sending of Unsolicited Commercial E-mail (UCE) or SPAM over our network. Very simply, this means that customers of Blogs About Hosting may not use or permit others to use our network to transact in UCE. Blogs About Hosting is a self-managed environment, and it is the responsibility of Blogs About Hosting’s customers to ensure that no UCE/UBE is sent. Customers of Blogs About Hosting may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.
Unsolicited commercial email (UCE) is defined by Blogs About Hosting as any electronic communication (e-mail, ICQ, IRC, Instant Messenger, pop-up ads via Windows Messenger Service, etc.) sent for purposes of distributing commercial information of any kind, soliciting the purchase or sale of products or services, or soliciting any transfer of funds to a recipient who has not agreed to receive such communication.
Unsolicited bulk e-mail (UBE) is defined by Blogs About Hosting as any electronic communication (e-mail, ICQ, IRC, Instant Messenger, pop-up ads via Windows Messenger Service, etc.) to multiple recipients who have not agreed to receive such communication.
Use of the Blogs About Hosting network, servers or services to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited, as is hosting web sites or services on a server which are advertised in any UCE/UBE.
Mailing lists must be true opt-in mailing lists. Before sending any email to a listed user, a confirmation email with a tracking number must be sent to the new subscriber, to which they must respond with a confirmation that they wish to be added to the list. You must keep these confirmations on file so that in the case that a spam complaint is made against you, you have proof that the user did indeed opt-in. In addition, you must provide at least one easy way to opt out; see the MAPS guidelines ( http://mail-abuse.org/rbl/manage.html ) for details. Opt-out requests must be honored immediately.
Customers of Blogs About Hosting are strictly prohibited from using or permitting others to use UCE or SPAM over our network. As our Customers are ultimately responsible for the actions of their clients over the Blogs About Hosting network, it is advisable that Customers develop a similar, or stricter, policy for their clients.
Violation of Blogs About Hosting’s SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Blogs About Hosting will initiate an immediate investigation upon receipt of the complaint. Upon notification, the customer has 24 hours in which to reply. During the investigation, Blogs About Hosting may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Blogs About Hosting may, at its sole discretion, restrict, suspend or terminate customer’s account. Further, Blogs About Hosting reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Blogs About Hosting will notify law enforcement officials if the violation is believed to be a criminal offense.
Violation of Blogs About Hosting’s SPAM policy may be reported to abuse@Blogs About Hosting DOT com
IP Address Overlap
Blogs About Hosting administers the network on which customer servers reside. The customer cannot use IP addresses which were not assigned to them by Blogs About Hosting staff. Any server found using IPs which were not officially assigned will be suspended from network access until such time as the IP addresses overlap can be corrected.
Backups are performed by Blogs About Hosting as a courtesy to clients; however, all clients are advised to maintain a current local copy of their files in the event backups are irretrievable for any reason. Blogs About Hosting will not be deemed responsible for data or other loss resulting from the unavailability of backups. Backups will not be retained for accounts that have been cancelled, unless such retention is deemed necessary Blogs About Hosting. As cancellation requests are processed immediately, any required files from the affected account should be downloaded prior to the cancellation request.
FTP Backup is intended to be used by existing Blogs About Hosting customers for remote backup of files and data. Blogs About Hosting recommends a diverse backup strategy including customer-site backups in addition to FTP Backup, and thus Blogs About Hosting does not guarantee the availability or condition of any data or files stored on its servers. FTP Backup may not be used to share files with the general public nor may illegal or otherwise prohibited data or files be stored on Blogs About Hosting servers. Connections to FTP Backup are permitted only from Blogs About Hosting servers. Use of FTP Backup is subject to Blogs About Hosting Terms of Service and Acceptible Use Policy.
Blogs About Hosting accounts operate on shared resources. Excessive use or abuse of these shared network resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in termination of your account.
You may not use network-intensive programs, such as peer-to-peer or audio/video streaming applications, which negatively impact other customers or the performance of Blogs About Hosting systems or networks. Blogs About Hosting reserves the right to terminate or limit such activities.
By default, our servers will supply a Blogs-About Hosting favicon.ico, 404 page and robots.txt file in the event the user does not create one or upload their own.
The customer understands that the customer is responsible for paying for any network resources that are used to connect the customer’s server to the Internet. The customer may request that the customer’s server be disconnected from the Internet, but the customer will still be responsible for paying for any network resources used up to the point of suspension or cancellation.
Effective 1/26/06 Blogs About Hosting will be invoicing clients for excessive bandwidth useage. Your package has bandwidth limitations – for those limits, you can reference our Hosting Packages page. If you are unsure of what hosting package you currently have – you can log into your CPanel and the name of your package will appear in the left hand menu. Users are responsible for monitoring their bandwith use and should fully expect an invoice at the end of the month for any extra bandwidth you have used that month. Bandwidth invoice will occur on the first day of every month, for the previous month. If those bandwidth invoice are unpaid after 5 days – the users account will be suspended until the billing has been resolved by the client. Additional bandwidth is charged at $1.00 per 500MB (or $2.00 per GB) If you feel you need to upgrade your hosting package – please visit our Support Center for assistance with this.
Blogs About Hosting reserves the right to suspend network access to any customer if, in the judgment of the Blogs About Hosting network administrators, the customer’s server is the source or target of the violation of any of the other terms of the AUPs or for any other reason which Blogs About Hosting chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacting regarding the activity. The customer will not be credited for the time the customer’s machines were suspended. The Customer will be credited on a prorated basis based on the monthly fees the Customer pays for the servers that are suspended for the time the Customer’s machines were suspended.
Cancellation of Customer Accounts by Blogs About Hosting
Blogs About Hosting reserves the right to cancel service at any time. If inappropriate activity is detected, all accounts of the customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacting regarding the activity. All fees paid in advance of cancellation are non-refundable if Blogs About Hosting institutes its right of cancellation. Any violation of policies which results in extra costs will be billed to the customer (i.e. transfer, space etc.).
Blogs About Hosting wishes to emphasize that in signing the Master Services Agreement or its equivalent, customer indemnifies Blogs About Hosting for any violation of the Master Services Agreement or its equivalent, law or AUP that results in loss to Blogs About Hosting or the bringing of any claim against Blogs About Hosting by any third-party. This means that if Blogs About Hosting is sued because of a customer’s or a customer of a customer’s activity, the customer will pay any damages awarded against Blogs About Hosting, plus costs and reasonable attorney’s fees.
Disclaimer of Responsibility
Blogs About Hosting is under no duty to look at each customer’s or user’s activities to determine if a violation of the AUPs has occured, nor do we assume any responsibility through our AUPs to monitor or police Internet-related activities. Blogs About Hosting disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person’s or party’s violation of this policy.
All Sub-Networks, resellers and managed servers of Blogs About Hosting must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation.
INDIRECT OR ATTEMPTED VIOLATIONS OF THE AUPs AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON YOUR BEHALF, SHALL BE CONSIDERED VIOLATIONS OF THESE AUPs BY YOU.
Blogs About Hosting and you agree that the spirit of this agreement is a reasonable business contract. Both parties agree to live up to the spirit of the contract on a Blogs About Hosting efforts basis, and provide reasonable notice to one another concerning changes to this agreement or cancellation of service should this be necessary for any reason.
Last updated: 10/16/08