Terms and Conditions
Important Notice
All Shared Hosting payments
to BlueOxHosting.com Have a 15-day Money
Back Guarantee.
BlueOxHosting.com
agrees to provide the client web hosting for a
monthly/quarterly/semi-annual/annual fee.
BlueOxHosting.com will never require clients to advertise
for BlueOxHosting.com on their website in any way
shape or form unless agreed upon such as a non-profit
organization receiving complimentary hosting. Clients are
allowed to use the service for business/commercial or
personal websites or content. BlueOxHosting.com
reserves the right to change this agreement at any time
without notice.
Contents
All services provided
by BlueOxHosting.com may be used for lawful purposes
only. Transmission, storage, or presentation of any
information, data or material in violation of any United
States (or any other country) law is prohibited. This
includes, but is not limited to: copyrighted material,
material that is threatening or obscene, or material
protected by trade secrets and other statue. The subscriber
agrees to indemnify and hold harmless
BlueOxHosting.com from any claims resulting from the use of
the service which damages the subscriber or any other party.
Examples of
Non-Acceptable Contents or Links
Pirated software
Hacking programs or archives
Warez Sites
Illegal MP3 or related audio files
Spamming Software
Vip Poster
High Yeald Investment Program (HYIP) sites
Proxys (including links to proxy websites)
Adult Content:
Adult content is considered to be anything that contains
nudity, pornography, or sexual material of a lewd, lecherous
or obscene nature and intent, or that violates local, state,
national or international laws.
BlueOxHosting.com does not allow adult content nor links to
adult content on any hosting packages other than the
"Advanced " hosting package. Legal adult content is allowed
on the "Advanced" hosting package accounts as long as a
clear warning is displayed before any adult content can be
viewed. If you are found to be hosting or linking to adult
sites or content on any other hosting account, you will be
asked to upgrade your account. If you do not take the
opportunity to upgrade your account within 5 days, your
account will be canceled and no refunds will be made.
Violation of indecency and obscenity laws can result in
criminal penalties.
Background Running
Programs
BlueOxHosting.com not allow background-running programs.
This includes any IRC related software such as bouncers and
bots. In certain cases we may allow programs to run
continually in the background, these are considered on a one
to one basis and an extra charge will be incurred based on
system resources used and operational maintenance needed.
Banned Scripts
You are free to use any scripts you
wish provided they do not affect the normal operations of
the server and they are not mentioned specifically above.
Scripts that are commonly known for causing server
disruption include large cgi-based message forums, chat
programs, auctions, and banner exchanges. In the event a
script affects normal server and/or administrative
operations, BlueOxHosting.com reserves the right to
disable the account pending client cooperation and
resolution.
Intellectual Property Rights
Material accessible to you through HostNine's Services may be
subject to protection under the United States of America (or
any other country) copyright laws, or laws protecting
trademarks, trade secrets or proprietary information. Except
when expressly permitted by the owner of such rights, you
must not use the BlueOxHosting.com Service in a manner
that would infringe, violate, dilute or misappropriate any
such rights, with respect to any material, which you access
or receive through the BlueOxHosting.com Network. If
you use a domain name in connection with the
BlueOxHosting.com Service or similar service, you must not
use that domain name in violation of any trademark, service
mark, or similar rights of any third party.
Defamation
Defamatory speech distributed over the Internet can
result in civil liability for the defamer.
Refusal of Service
BlueOxHosting.com reserves the right at its sole discretion to
refuse or cancel service. Violation of any of HostNine's
Rules and Regulations could result in a warning, suspension,
or possible account termination. Accounts terminated due to
policy violations will not be refunded. Free domains which
have been granted for customers paying annually are released
to the customer at the end of there hosting period. Domains
terminated due to policy violations will not be released to
the customer.
Spam or Unsolicited E-Mail
You must not use the BlueOxHosting.com Network,
BlueOxHosting.com equipment or any BlueOxHosting.com
email address in connection with the transmission of spam,
flames, mail bombs, or substantially similar, unsolicited
email messages. Your domain may not be referenced as
originator, intermediary, or reply-to address in any of the
above. This prohibition extends to the sending of
unsolicited mass mailings from another service that in any
way implicates the use of the BlueOxHosting.com
Network, BlueOxHosting.com equipment or any
BlueOxHosting.com email address. A message is considered
unsolicited if it is posted in violation of a newsgroup
charter or if it is sent to a recipient who has not
requested or invited the message. For purposes of this
provision, merely making one's email address accessible to
the public will not constitute a request or invitation to
receive messages.
I f you are found to
have spammed, BlueOxHosting.com reserves the right to
disable your domain without warning. In addition,
BlueOxHosting.com may impose a $50 penalty for each spam
policy violation. BlueOxHosting.com solely reserves
the right to refuse or cancel service to known spammers.
Lastly, BlueOxHosting.com reserves the right to
determine what violates this policy. As such, any violation
may result in cancellation of services without refund.
Abuse
Any attempts to undermine, slander, libel, threaten, or cause
harm to a BlueOxHosting.com server, customer,
employee, or the company directly is strictly prohibited and
is grounds for immediate termination without refund. In
addition, we will pursue all attempts to the fullest extent
of the law.
Indemnification
Customer agrees that it shall defend, indemnify, save and hold
BlueOxHosting.com (or it's employee's/owners) harmless from
any and all demands, liabilities, losses, costs and claims,
including reasonable legal fees asserted against HostNine,
its agents, its customers, officers and employees, that may
arise or result from any service provided or performed or
agreed to be performed or any product sold by customer, it's
agents, employees or assigns. Customer agrees to defend,
indemnify and hold harmless BlueOxHosting.com against
liabilities arising out of; (1) any injury to person or
property caused by any products sold or otherwise
distributed in connection with BlueOxHosting.com
server; (2) any material supplied by customer infringing or
allegedly infringing on the proprietary rights of a third
party and (3) copyright infringement. Customer agrees to
limit the liability of BlueOxHosting.com to the amount
paid for service.
Free Domain Offers
When this offer is being ran and you have a valid promo code:
The terms & conditions for our free domain name offer are
plain and simple. We will register the domain name for 1
year on your behalf (Only available for New Customers during
sign up). All we ask is that you stay hosting with us for a
minimum of 3 months. If you stay for 3 months or longer and
then decide to leave you are free to take the domain at no
charge. If you do not stay for 3 months you will be required
to pay the full price of the domain name before your account
can be cancelled.
Refund and Cancellation Policy
For payment, BlueOxHosting.com accepts Visa, MasterCard, Discover,
American Express via PayPal. BlueOxHosting.com
invoices exclusively via e-mail. BlueOxHosting.com
does not send out invoices via postal services.
You may cancel your
account at any time and receive a full refund (excluding any
setup fees or domain name registrations fees incurred) if
cancelled within our thirty (15) day money-back guarantee
period. To receive this refund, you may not be on a custom
package of any sort. You must be on one of the pre-created
packages by BlueOxHosting.com that is listed on our
site. You may cancel for any reason. Refunds are not
available if the account has violated any terms on this
page.
If after thirty (15)
days you wish to cancel your hosting account, you will
receive no refund of any monies already paid to BlueOx
Hosting. However, if customer cancels fifteen (15) days
before recurring monthly billing date customer will not be
billed for the next month and all payments thereafter will
be cancelled with immediate effect.
No refunds are available on SSL Certificates, Domain
registrations and transfers payments.
Late Payment
Please note All Payments are done automatically
monthly.
Any account whose payment status is not current as of the
start of the next billing period is deemed late. Generally,
customers are given a 10 day grace period after which the
account is put on suspension. Once the invoice is late a
late fee of $10 will be automatically added to the invoice.
You will receive a payment
reminder everyday from the start of your payment due date.
If after 30 days payment has not been received or we have
not been contacted regarding payment, your account will be
terminated without any further notice. Reactivation of
closed accounts due to delinquency incurs a $15 reactivation
fee as well as payment of the balance due in full. For late
payments pleaseopen a ticket in the customer support area to
arrange payment.
Cancellation
You must use only one of following methods to deliver a official written
notice of cancellation:
Please fill out a ticket using the customer ticket system.
On receipt your account will be pending cancellation within
24 hours. Please include your Name, domain name, username,
password and your reason for canceling.
Disclaimer
BlueOxHosting.com will not be responsible for any damages your
business may suffer. BlueOxHosting.com makes no
warranties of any kind, expressed or implied for services we
provide. BlueOxHosting.com 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 BlueOxHosting.com and its employees.
BlueOxHosting.com makes a 99.9% Uptime guarantee.
BlueOxHosting.com keeps daily backups of their servers.
BlueOxHosting.com can accept no responsibility for any loss
of data or consequences arising from this.
BlueOxHosting.com always advises clients to back up their
site data regularly for its own protection.
Finally,
BlueOxHosting.com wishes to emphasize that in accepting
services, customers indemnify BlueOxHosting.com for
the violation of any law or BlueOxHosting.com policy,
that results in loss to BlueOxHosting.com or the
bringing of any claim against BlueOx. This means that if
BlueOxHosting.com is sued because of activities of the
customer that violate any law, or this policy, the customer
will pay any damages awarded against BlueOx, plus costs and
reasonable legal fees.
Server Limits
25% cpu and or memory for 3 minutes.
Combined 5% CPU & RAM over 24 hours.
250 email limit per domain per hour.
50 concurrent database connections at one time.
Apache threads to be open no longer then 999 seconds.
Php upload limit of 15 megs.
Max php session time of 300 seconds or less.
Limits are subject to change at anytime.
Failure to comply with any of
our terms & conditions will result in grounds for immediate
account deactivation.
BlueOxHosting.com reserves the right to change, edit, or update the
policies contained in this document, along with the content
on our website at any time for any reason without notice.
