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This Services Agreement (the
"Agreement") contains the complete terms and
conditions which govern your subscription of Web hosting,
e-Commerce and other Internet-related services provided by
Bluetechsolutions.com (the "Services"). As used in
this Agreement, "Bluetech Solutions" means
Bluetechsolutions.com and "Client", "you",
or "your" means you. By clicking on the "Submit
Order" button, you acknowledge that you have read the
Agreement, and you agree to its terms and conditions and all
policies posted on the Bluetech Solutions site. As referred to
in this Agreement, "Site" refers to a World Wide Web
site and "Bluetech Solutions Site" refers to the
Site located at the URL http://www.bluetechsolutions.com
, or any other successor Sites owned or maintained by Bluetech
Solutions.
1. APPROPRIATE USE OF THE SERVICES.
Bluetech Solutions 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.
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Client Content. Client agrees that it
will not distribute, electronically transmit or display
any materials supplied by Client - or through Client by
a third party - to any Bluetech Solutions server in
connection with Client's use of the Services which:
violate any state, federal or foreign laws or
regulations;
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infringe on any intellectual property
rights (e.g., copyright, trademark, patent or other
proprietary rights) of Bluetech Solutions or any third
party;
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are defamatory, slanderous or trade
libelous;
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are threatening or harassing;
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are discriminatory based on gender,
race, age or promotes hate
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contain viruses or other computer
programming defects which result in damage to Bluetech
Solutions or any third party.
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Bandwidth. Client may occupy only the
amount of disk space on the Bluetech Solutions Server
and utilize no more than the network bandwidth that is
allotted by Bluetech Solutions. 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.
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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 Bluetech Solutions, or otherwise,
that mentions or reference any domain hosted on Bluetech
Solutions servers or parked on Bluetech Solutions DNS
servers. NOTE: THIS POLICY APPLIES TO VIRTUAL SERVER
ACCOUNTS, RESELLERS AND THEIR RESOLD 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).
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Licensed Software Only. Client agrees to
use only properly licensed third party software in
connection with Client's use of the Services.
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Back-Up Files. Client will have the
ability to reinstate files which are automatically
archived by Bluetech Solutions; however, Bluetech
Solutions 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.
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Termination. Bluetech Solutions reserves
the right to refuse service to anyone. Bluetech
Solutions, in its sole discretion, may immediately
terminate this Agreement if Client engages in any of the
foregoing. To report any unacceptable behavior by a
third party using the Services, please contact abuse@Bluetechsolutions.com.
2. PAYMENT OBLIGATIONS
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Service Fees. By the Tenth (10th) of
each month, Bluetech Solutions shall either (i) debit
Client's credit card (where such information is provided
by Client) or (ii) deliver by e-mail 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 Bluetech Solutions by no later
than the specified payment due date. Bluetech Solutions
shall be entitled to immediately terminate this
Agreement for Client's failure to make timely payments
to Bluetech Solutions. Certain services carry a set-up
fee charged by Bluetech Solutions to 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 Bluetech Solutions 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
Bluetech Solutions 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.
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Domain Names. If Client chooses to
register a domain name(s) through Bluetech Solutions,
Client acknowledges and agrees that Client will pay a
registration fee(s) to register the domain name(s) with
the applicable domain name registrar. Bluetech Solutions
does not offer refunds for domain name registrations for
any reason, including misspelling of the domain name.
3. CLIENT LIABILITY AND INDEMNIFICATION
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The parties agree that in no event shall
Bluetech Solutions 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 Bluetech
Solutions 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.
4. TERM, TERMINATION & REINSTATEMENT
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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 contact the Bluetech
Solutions to receive a cancellation number, which 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.
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If Client terminates its account, Client
shall be allowed to re-instate Client's use of the
Services within Seven (7) business days of cancellation.
Client shall pay a fee of Fifty Dollars ($50) prior to
any re-instatement of Client's account. Once payment has
been received, Client's account will be activated within
Forty-Eight (48) business hours. Bluetech Solutions will
maintain an archival copy of Client's Web site for Seven
(7) days after Bluetech Solutions receives notice of
cancellation. Thereafter, Client will need to place a
new order if it wishes to subscribe to the Services.
5. TAXES
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Client will pay and indemnify and hold
Bluetech Solutions 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
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THE SERVICES, THE Bluetech Solutions
SITE, INCLUDING WITHOUT LIMITATION, ALL PRODUCTS AND
SERVICES DISPLAYED OR OFFERED ON THE Bluetech Solutions
SITE, AND ALL TEXT, GRAPHICS, LINKS AND APPLICATIONS ARE
PROVIDED TO CLIENT ON AN 'AS IS' BASIS AND WITHOUT
WARRANTY OF ANY KIND. Bluetech Solutions 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,
Bluetech Solutions 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; AND (4) THE
SECURITY METHODS EMPLOYED WILL BE SUFFICIENT.
7. LIMITATION OF LIABILITY
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IN NO EVENT SHALL Bluetech Solutions BE
LIABLE FOR DAMAGES RESULTING FROM LOSS OF DATA, PROFITS,
USE OF THE Bluetech Solutions SITE OR ANY Bluetech
Solutions 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 Bluetech Solutions’S CUMULATIVE LIABILITY EXCEED
AN AMOUNT GREATER THAN FIVE HUNDRED DOLLARS ($500 US).
8. MISCELLANEOUS
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If any of the provisions, or portions
thereof, of this Agreement are found to be invalid under
any applicable statute or rule of law, then, that
provision notwithstanding, this Agreement shall remain
in full force and effect and such provision or portion
thereof shall be deemed omitted. This Agreement
(including the Exhibits, attachments and/or addenda, if
any,) represents the entire agreement of the parties
with respect of the subject matter hereof and supersedes
all prior and/or contemporaneous agreements or
understandings, written or oral between the parties with
respect to the subject matter hereof. This Agreement and
the rights granted and obligations undertaken hereunder
may not be transferred, assigned or delegated in any
manner by Client, but may be so transferred, assigned or
delegated by Bluetech Solutions. Any waiver or any
provision of this Agreement, or a delay by any party in
the enforcement of any right hereunder, shall neither be
construed as a continuing waiver nor create an
expectation of non-enforcement of that or any other
provision or right. In any legal proceeding between the
parties under this Agreement, the prevailing party shall
be entitled to recover its costs, expenses and
reasonable attorneys' fees. This Agreement is made under
and shall be governed by the laws of the United States
of America, except with regard to it’s conflict of law
rules. This Agreement and Bluetech Solutions’s
policies are subject to change by Bluetech Solutions
without notice. Continued usage of the Services after a
change to this Agreement by Bluetech Solutions or after
a new policy is implemented and posted on the Bluetech
Solutions Site constitutes your acceptance of such
change or policy. We encourage you to regularly check
the Bluetech Solutions Site for any changes or
additions.
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