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BlueFootHosting Acceptable Use Policy

(Terms and Conditions of Use / Terms of Service)

The AUP (Acceptable Use Policy) is what we allow and disallow. Here is a general idea. If you are unsure about anything, please contact us here.
  • Legal Adult Content - Allowed
  • FFA - Allowed
  • Media that YOU ripped - Allowed (For storage purposes only)
  • SafeList Mailing - Allowed
  • Spam Mailing - Not Allowed
  • Illegal Software - Not Allowed
  • IRC - Not Allowed
  • Resource Hogging - Not Allowed

Our services are only offered to individuals who are at least 18 years old or older, if you do not fall into the previously mentioned demographic group then you are requested to go here.

BlueFootHosting™ is intended for use by persons who are at least 18 years old, or the legal age required to form a binding contract in your jurisdiction if that age is greater than 18. By using this site, you represent and warrant that you are at least 18 years old and of legal age to form a binding contract.  If you are under 18, you may use the Sites only with the permission and full involvement of a parent or guardian. 

Our services may only be used for lawful purposes — any use of these services which violates any laws which may apply to your local jurisdiction, or any jurisdiction that you or your site may be subject to is strictly prohibited.

BlueFootHosting™ is dedicated to providing an all-round top quality service. The terms and conditions which follow are necessary to ensure that we may continue to provide the best possible service to all of our customers while at the same time satisfying our legal and ethical responsibilities.

Failure to follow any term or condition will be grounds for immediate account deactivation without notice. BlueFootHosting™ will be the sole arbiter as to what constitutes a violation of any of these provisions.

Activity which results in the suspension or deactivation of an account will result in a forfeiture of all fees paid. Complaints made regarding abuses of an account will be investigated and if found guilty will be grounds for immediate suspension.

By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

You must also agree to the quite lengthy Domain Registrant Agreement if you are purchasing a domain name; hey not my idea "it's the law".

To report suspected abuses or any violations of these policies, please contact us here.

Illegal Usage

BlueFootHosting™ servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data or material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to: Pirated software, Hackers programs or archives, and warez sites. The subscriber to BlueFootHosting's™ service agrees to indemnify and hold BlueFootHosting™ harmless from any claims resulting from the use of the service that damages the subscriber or any other party.
BlueFootHosting™ will be the sole arbiter as to what constitutes a violation of this provision.

Adult Content

Due to the morals of the BlueFootHosting™ system administrators, legal adult content is allowed.   It must be legal in the United States of America.  BlueFootHosting™ will be the sole arbiter as to what constitutes a violation of this provision.

Child Pornography

BlueFootHosting™ services shall not be used to publish, submit, receive, upload, download, post, use, copy or otherwise produce, transmit, distribute or store child pornography. Suspected violations of this prohibition may be reported to BlueFootHosting™ here. BlueFootHosting™ will report any discovered violation to the National Center for Missing and Exploited Children and police authorities.  Content perceived to be child pornography will be treated as child pornography and is not allowed.  Your account will be terminated without notice for any violation of this provision.

Defamatory Content

BlueFootHosting™ services are regulated only by U.S. law. Given this fact, and pursuant to Section 230(c) of the Communications Decency Act, we do not remove allegedly defamatory material from domains hosted on our servers. BlueFootHosting™ is not in a position to confirm or deny individual defamation claims.  If a court order indicates material is defamatory, libelous, or slanderous; we will disable access to the material, up to and including terminating access.

Security

Violations of system or network security are prohibited, and may result in criminal and civil liability.

Server Resource

Any website that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given an option of either paying for usage or reducing the resource. Although this will most likely not come up, BlueFootHosting™ shall be the sole arbiter of what is considered to be a high usage level.

Script Usage

Any scripts deemed to be adversely affecting the server performance or the network integrity will be shut down with or without warning; depending on the severity of the problem encountered by BlueFootHosting™.

Background Running Programs and Cron Jobs

BlueFootHosting™ does not allow background Daemons such as IRC bots; eggdrop; BitchX; XiRCON; and any other program that interferes with normal server operation.
BlueFootHosting™ does not allow IRC, IRC bots or any software that interfaces with an IRC to be operated on our servers.

See the big list for more examples of what is not allowed on BlueFootHosting™.

Client Responsibility

The client is responsible for all activity originating from the account unless proven to be a victim of outside hacking or address forgery. The client is responsible for securing their username/password. The client assumes responsibility for all material on their site that may be put on by a third party. Use of BlueFootHosting™'s service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of the web space by the client. The following examples are offered: Web Publishing: requires knowledge of HTML, properly locating and linking documents, FTPing Web contents, Graphics, text, sound, image mapping, etc. FrontPage web publishing: knowledge of the FrontPage tools as well as SSH and FTP. CGI-Scripts: requires a knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, CShell scripts, permissions, etc. Mail: a use of mail clients to receive and send mail, etc. The client agrees that he or she has the necessary knowledge to create and maintain their web space. Client agrees that it is not the responsibility of BlueFootHosting™ to provide this knowledge or support outside matter specific to BlueFootHosting's™ servers.

UCE (Unsolicited Commerce Email) - SPAM

Spamming, or the sending of mass unsolicited email, from or through a BlueFootHosting™ server or using an email address that is maintained on a BlueFootHosting™ machine is strictly prohibited. BlueFootHosting™ will be the sole arbiter as to what constitutes a violation of this provision. If you engage in any of the foregoing activities using the service of another ISP or IPP, but channeling activities through a BlueFootHosting™ server as a maildrop for responses, you are in violation. Violators will be assessed a minimum of $200.00 fine and will face an immediate suspension.

Additionally, violation of the CAN-SPAM Act of 2003, or any other applicable law regulating e-mail services, constitutes a violation of this AUP. 

Sites advertised via SPAM, sometimes called Spamvertised, may not be hosted on BlueFootHosting™.  This includes but not limited to SPAM sent via email, phone, fax or any other vehicle of communication.   No entity listed on ROKSO  may be hosted on a BlueFootHosting™ server.  Any account which causes an IP blacklisting will be suspended.

BlueFootHosting™ really does not like SPAMMERS of any kind, therefore we have a zero tolerance policy on SPAM.  One strike and you're out.  No Spam

Server abuse

Any attempts to undermine or cause harm to a BlueFootHosting™ server or customer of BlueFootHosting™ is strictly prohibited.
Any sub-networks of BlueFootHosting™ and dedicated servers must adhere to the above policies. The failure to meet or follow any of the above guidelines are grounds for account deactivation. We reserve the right to remove any account without prior notice.

Actions Taken by BlueFootHosting™

The failure by a customer to meet or follow any of the above policies/terms is grounds for account deactivation. BlueFootHosting™ will be the sole arbiter as to what constitutes a violation of the AUP. BlueFootHosting™ reserves the right to remove any account without prior notice.

When BlueFootHosting™ becomes aware of an alleged violation of its AUP, BlueFootHosting™ will initiate an investigation. During the investigation, BlueFootHosting™ may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, BlueFootHosting™ may, at its sole discretion, restrict, suspend, or terminate a customer's web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, BlueFootHosting™ will notify the appropriate law enforcement authorities of such violation.

BlueFootHosting™ does not issue credits for outages incurred through service disablement resulting from AUP violations.

BlueFootHosting™ customers agree to indemnify and hold harmless BlueFootHosting™ from any claims resulting from the use of our services that damages them or any other party. The BlueFootHosting™ service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. BlueFootHosting™ expressly disclaims any representation or warranty that the BlueFootHosting™ service will be error-free, secure or uninterrupted. No oral advice or written information given by BlueFootHosting™, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. BlueFootHosting™ and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.

The materials appearing on BlueFootHosting's™ web site could include technical, typographical, or photographic errors. BlueFootHosting™ does not warrant that any of the materials on its web site are accurate, complete, or current. BlueFootHosting™ may make changes to the materials contained on its web site at any time without notice. BlueFootHosting™ does not, however, make any commitment to update the materials.

Modification

BlueFootHosting™ reserves the right to add, delete, or modify any provision of this Policy at any time without notice.  By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

Refusal Of Service

BlueFootHosting™ reserves the right to refuse, cancel, or suspend service at our discretion.

Refund Policy

If after fourteen (14) days of hosting, the customer is not happy with the BlueFootHosting™ plan, BlueFootHosting™ will refund 100% of the customers payment, minus $15.00 if a domain was purchased, as long as the customer has not violated this AUP in any way. In addition, the account and all associated data will be removed. If the customer has violated this AUP, BlueFootHosting™ reserves the right to withold funds as payment for services rendered.  You, the customer, still own the domain name and BlueFootHosting™ will honor your request for transfer to the registar of your choice. 

Billing Procedure

BlueFootHosting™ will send an invoice for services approximately 30 days before hosting or domain expiration and a follow up invoice will be sent approximately 14 days before expiration.  Your hosting and domain name will not be renewed until this invoice is paid-in-full.  Please be aware that if a domain name expires it goes into a suspended state at the registar and the general public may not obtain this domain for a designated grace period (30 to 60 days) .  The original owner may re-new the expired domain but some registars will charge a $100 to $250 fee for this 'service'.  In no way will BlueFootHosting™ be responsible for this fee; you, the customer, must pay this fee plus your original hosting invoice before the purchase is made and your domain renewed.  No exceptions.

It is strongly reccommended that you, the customer, keep your e-mail address up to date so an e-mailed invoice is not missed.  BlueFootHosting™ is not responsible for missed corespondence because of but not limited to, out-of-date information or your failure to read and understand any corespondence.

Acceptance of Terms

You must also agree to the quite lengthy Domain Registrant Agreement if you are purchasing a domain name; hey not my idea ICANN only do so much..

Your payment is acknowledgement that you have read and agreed to all the terms as set forth on this "AUP" page and the Domain Reguistrant Agreement page..

Done Now

I think this is enough for the "AUP", hopefully you get the general idea.  If it's a bad thing don't do it on BlueFootHosting™, yea that's us with the little ™ everywhere.

See the big list for more examples of what is not allowed on BlueFootHosting™.

This page was created with information gleaned from the many policy generators and writers that preceded me on this journey through the universe of network-accessible information that is the embodiment of human knowledge and misinformation.

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This file last modified:Friday, 04-Feb-2011 10:08:11 CST