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By using our
web hosting services, you agree to
comply with our policies. You are
expected to use the Internet with
respect, courtesy, and responsibility,
giving due regard to the rights of
other Internet users. We expect you to
have a basic knowledge of how the
Internet functions, the types of uses
which are generally acceptable, and
the types of uses which are to be
avoided. Common sense is the best
guide as to what is considered
acceptable use. The following are
unacceptable uses:
Illegality in any
form, including but not limited to
activities such as unauthorized
distribution or copying of copyrighted
software, violation of U.S. export
restrictions, harassment, fraud,
trafficking in obscene material, drug
dealing, and other illegal activities.
Our Address
Blaser Hosting
126 SW 148th Street
Suite C100 PMB 274
Burien, WA 98166
Interpretation
The provisions of
this Policy are intended as guidelines
and are not meant to be exhaustive.
Generally, conduct that violates law,
regulation, or the accepted norms of
the Internet community, whether or not
expressly mentioned in this Policy, is
prohibited. Blaser Hosting reserves
the right at all times to prohibit
activities that damage its commercial
reputation and goodwill.
Illegal Use
Blaser Hosting
servers may be used only for lawful
purposes. Transmission, distribution
or storage of any material in
violation of any applicable law or
regulation is prohibited. This
includes, without limitation, material
protected by copyright, trademark,
trade secret or other intellectual
property right used without proper
authorization, and material that is
obscene, defamatory, constitutes an
illegal threat, or violates export
control laws. Examples of
non-acceptable content or links:
"Pirated software", "Hackers programs
or archives", "Warez Sites", "Irc
Bots", "Mp3".
Blaser Hosting
further reserves the right to suspend
or terminate service to any websites
affiliated with known or suspected
terrorist organizations at our
discretion.
We will be the sole
arbiters as to what constitutes a
violation of this provision.
System and
Network Security
Violations of system
or network security are prohibited,
and may result in criminal and civil
liability. Examples include, but are
not limited to the following:
unauthorized access, use, probe, or
scan of a systems security or
authentication measures, data or
traffic. Interference with service to
any user, host or network including,
without limitation, mail bombing,
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.
It is a violation for anyone who,
including but not limited to, employs
posts or programs which consume
excessive CPU time or storage space,
permits the use of mail services, mail
forwarding capabilities, POP accounts,
or auto responders other than for
their own account; or resale of access
to CGI scripts installed on our
servers.
Tortuous Conduct
No one shall post
defamatory, scandalous, or private
information about a person without
their consent, intentionally
inflicting emotional distress, or
violating trademarks, copyrights, or
other intellectual property rights.
Spamming
Sending unsolicited
mail messages, including, without
limitation, commercial advertising and
informational announcements, is
expressly prohibited. A user shall not
use another site's mail server to
relay mail without the express
permission of the site or
distributing, advertising or promoting
software or services that have the
primary purpose of encouraging or
facilitating unsolicited commercial
E-mail or spam.
It is contrary to
Blaser Hosting policy for customers to
use our servers to effect or
participate in any of the following
activities:
To post to any Usenet or other
newsgroup, forum, e-mail mailing list
or other similar group or list
articles which are off-topic according
to the charter or other
owner-published FAQ or description of
the group or list;
To send unsolicited mass e-mailings,
if such unsolicited e-mailings provoke
complaints from the recipients;
To engage in any of the foregoing
activities using the service of
another provider, but channeling such
activities through a Blaser Hosting
provided server, or using a Blaser
Hosting provided server as a maildrop
for responses;
To falsify user information provided
to Blaser Hosting or to other users of
the service in connection with use of
a Blaser Hosting service.
When Blaser Hosting becomes aware of
an alleged violation of its Acceptable
Use Policy, Blaser Hosting will
initiate an investigation (within
24-48 hours). During the investigation
Blaser Hosting may restrict Customer
's access in order to prevent further
possible unauthorized activity. If the
Customer is found in violation of our
SPAM policy, Blaser Hosting may, at its
sole discretion, restrict, suspend, or
terminate Customer's account and/or
pursue other civil remedies. Also,
Blaser Hosting reserves the right to
pursue civil remedies for any costs
associated with the investigation of a
substantiated policy violation. If
such violation is a criminal offense,
Blaser Hosting will notify the
appropriate law enforcement department
of such violation.
Blaser Hosting does not issue service
credits for any outages incurred
through service disablement resulting
from Policy violations.
The Customer shall
be held liable for any and all costs
incurred by Blaser Hosting as a result
of the customer's violation of these
terms and conditions. This is
including, but is not limited to,
attorney fees and costs resulting from
Postmaster responses to complaints
from and the cleanup of unsolicited
commercial mailings and/or
unauthorized bulk mailings and/or news
server violations. First violations
will result in a Cleanup Fee of $250
and the customer’s account will be
reviewed for possible immediate
termination. Each subsequent violation
thereafter will result in Cleanup Fee
of $500 and immediate termination of
the customer’s account. The Customer
who violates this policy agrees to
also pay Investigation Fees of no more
than $125 per hour that Blaser Hosting
personnel must spend to investigate
any violations.
Modification
Blaser Hosting
reserves the right to add, delete, or
modify any provision of this Policy at
any time without notice. Reporting
Network Abuse Any party seeking to
report any violations Blaser Hosting’s
policy may contact via e-mail:
abuse@blaserhosting.com
Blaser Hosting
CUSTOMER SERVICE AGREEMENT
This is an agreement
between you and Blaser Hosting
regarding your use of Blaser Hosting's
computer, interactive information,
communication and server management
service. This Agreement governs the
terms and conditions under which
Blaser Hosting makes the services
offered by Blaser Hosting available to
individual consumers through a
personal computer or similar access,
or to individual consumers or small
businesses in connection with the "
Blaser Hosting " web hosting or similar
services. Under this Agreement, you
must comply with Blaser Hosting's then
current "Acceptable Use Policy," as
updated from time to time by Blaser
Hosting, which can be viewed at :
http://blaserhosting.com/aup/
PLEASE READ
THESE TERMS AND CONDITIONS CAREFULLY.
1. Blaser Hosting will host an
account for you, the purchaser
(hereafter referred to as the Account
Holder), for the Account Holder's
chosen domain name, for the period of
time (the Term) corresponding with the
payment plan chosen by the Account
Holder. This contract will be
automatically renewed at the end of
the Term and each successive renewal
term, unless terminated. We require
notification of non-renewal with at
least 30 days notice but not more than
60 days prior to the renewal date. If
you do not provide this notice, you
will be charged for the next terms
rate. There are
no refunds on pre-paid
web hosting services. All sales are
final.
2. Blaser Hosting's
services are 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. Blaser Hosting
expressly disclaims any representation
or warranty that the Blaser Hosting
services will be error-free, secure or
uninterrupted. No oral advice or
written information given by Blaser
Hosting, its employees, licensors of
the like, will create a warranty; nor
may you rely on any such information
or advice. The terms of this Section
will survive any termination of this
Agreement.
3. The Virtual Web
Server Internet account and/or related
electronic services can only be used
for legal purposes under all
applicable international, federal,
provincial, and municipal laws.
Further, the Account Holder agrees not
to store, transmit, link to, advertise
or make available any images
containing pornography, graphic
violence or death. Violations of these
or any other provisions of this
Agreement may result in termination of
the services provided by Blaser
Hosting, with or without the grant of
a notice or cure period, such notice
or cure period to be granted at the
sole discretion of Blaser Hosting
based upon the severity of the
violation. Blaser Hosting reserves the
right to refuse service if any of the
content within, or any links from, the
Account Holder's website is deemed
illegal, misleading, or obscene, or is
otherwise in breach of Blaser
Hosting's then current Acceptable Use
Policy, in the sole and absolute
opinion of Blaser Hosting.
Notwithstanding anything in this
Agreement, the content of the Account
Holder's website is the sole
responsibility of the Account Holder.
The Account Holder agrees to indemnify
and hold harmless Blaser Hosting from
any and all claims, losses, damages,
liabilities, judgments, or
settlements, including reasonable
attorney's fees, costs, and other
expenses incurred by Blaser Hosting,
(collectively, Claims) related to or
in connection with the content of the
Account Holder's website. The terms of
this Section will survive any
termination of this Agreement.
4. Account Holder
acknowledges that the nature of the
service furnished and the initial
rates and charges have been
communicated to the Account Holder.
Account Holder is aware that Blaser
Hosting reserves the right to change the
specified rates and charges from time
to time.
5. The Account
Holder agrees to follow generally
accepted rules of "Netiquette" when
sending e-mail messages or posting to
newsgroups. Account Holder is
responsible for security of its
password. Blaser Hosting will not
change passwords to any account
without proof of identification, which
is satisfactory to Blaser Hosting,
which may include written
authorization with signature. In the
event of any partnership break-up,
divorce or other legal problems that
includes Account Holder, Account
Holder understands that Blaser Hosting
will remain neutral and may put the
account on hold until the situation
has been resolved. Under no
circumstances will Blaser Hosting be
liable for any losses incurred by
Account Holder during this time of
determination of ownership, or
otherwise. The Account Holder agrees
to indemnify and hold harmless Blaser
Hosting from any and all Claims
arising from such ownership disputes.
The terms of this Section will survive
any termination of this Agreement.
6. The Account
Holder agrees not to harm Blaser
Hosting, its reputation, computer
systems, programming and/or other
persons using Blaser Hosting's
services. Blaser Hosting reserves the
right to select the server for Account
Holder's website for best performance.
The Account Holder understands that
the services provided by Blaser
Hosting are provided on a shared
server. This means that one website
cannot be permitted to overwhelm the
server with heavy CPU usage, for
example from the use of highly active
CGI scripts or chat scripts. If the
Account Holder's website overwhelms
the server and causes complaints from
other users, the Account Holder has
outgrown the realm of shared servers,
and will need to relocate it's
website. Blaser Hosting will refund
any unused portion of prepaid
services. If the Account Holder
refuses to comply with this Section,
then Blaser Hosting has the right to
terminate the services provided to the
Account Holder without any refunds of
the unused portion prepaid by the
Account Holder. The Account Holder
agrees to indemnify and hold harmless
Blaser Hosting and any other Account
Holder from any and all Claims
resulting from the Account Holder's
use of the services provided by Blaser
Hosting The terms of this Section will
survive any termination of this
Agreement.
7. The Account
Holder's rights and privileges under
this Agreement cannot be sold or
transferred without the prior written
consent of Blaser Hosting.
8. If the Account
Holder sells or resells advertising or
web space to a third party then the
Account Holder will be responsible for
the contents of that advertising and
the actions of that third party.
Blaser Hosting has the absolute right
to reject any advertising or other
third party content that is illegal,
offensive or otherwise in breach of
the then current Blaser Hosting
Acceptable Use Policy. The e-mail
distribution by the Account Holder of
"SPAM", "JUNK MAIL", or "UNSOLICITED
COMMERCIAL E-MAIL", is expressly
prohibited. If the Account Holder
refuses to remove any advertising or
other third party content deemed
objectionable by Blaser Hosting,
Blaser Hosting may terminate the
services being provided to the Account
Holder.
9. Blaser Hosting
will use its best efforts to maintain
a full time Internet presence for the
Account Holder. Technical support
services will be limited to the
Account Holder and will only be
extended for services directly
provided by Blaser Hosting. The
Account Holder hereby acknowledges
that the network may, at various time
intervals, be down due, but not
restricted to, utility interruption,
equipment failure, natural disaster,
acts of God, or human error. In no
event shall Blaser Hosting be liable
to the Account Holder for any damages
resulting from or related to any
failure or delay of Blaser Hosting in
providing access to the Internet under
this Agreement. In no event shall
Blaser Hosting be liable to the
Account Holder for any indirect,
special or consequential damages or
lost profits arising out of or related
to this Agreement or the performance
or breach thereof. The aggregate,
total liability of Blaser Hosting
under this Agreement, if any, shall in
no event or circumstance exceed the
total amount actually paid by the
Account Holder hereunder. The terms of
this Section will survive any
termination of this Agreement.
10. This Agreement
applies to all accounts, sub-accounts,
and alternative account names
associated with your principal
account. The Account Holder is
responsible for the use of each
account, whether used under any name
or by any person, and for ensuring
full compliance with this Agreement by
all users of that account. A Blaser
Hosting account may not be transferred
without prior written approval from
Blaser Hosting. The Account Holder is
responsible for maintaining the
confidentiality of his/her password.
In the event of a breach of security
through the Account Holder's account,
the Account Holder will be liable for
any unauthorized use of the Blaser
Hosting services, including any
damages resulting therefrom, until the
Account Holder notifies Blaser
Hosting's customer service.
11. If Blaser
Hosting assigns the Account Holder an
Internet Protocol address in
connection with the Account Holder's
use of the Blaser Hosting services,
the right to use that Internet
Protocol address will remain with and
belong only to Blaser Hosting, and the
Account Holder will have no right to
use that Internet Protocol address
except as allowed by Blaser Hosting in
its sole and absolute discretion.
12. This Agreement
constitutes the entire agreement
between the Account Holder and Blaser
Hosting with respect to the Blaser
Hosting services and supersedes all
prior agreements between the Account
Holder and Blaser Hosting. Blaser
Hosting's failure to enforce any
provision of this Agreement shall not
be construed as a waiver of any
provision or right. In the event that
a portion of this Agreement is held
unenforceable, the unenforceable
portion will be construed in
accordance with applicable law as
nearly as possible to reflect the
original intentions of the parties,
and the remainder of the provisions
will remain in full force and effect.
The terms of this Section will survive
any termination of this Agreement.
13. The parties
shall attempt to resolve all disputes
arising out of this Agreement in a
spirit of cooperation and with a
problem-solving mindset, without
formal proceedings. Any dispute, which
cannot be so resolved, shall be
subject to binding arbitration upon
the written demand of either party.
Arbitration shall take place in
Orlando, FL. Should any legal action
permissible under this Agreement be
instituted to enforce the terms and
conditions of this Agreement, in
particular the right to collect money
due on unpaid invoices, the prevailing
party shall be entitled to recover
reasonable attorney's fees and
expenses incurred at both the trial
and appellate levels. The terms of
this Section will survive any
termination of this Agreement.
14. The Account
Holder agrees to indemnify and hold
Blaser Hosting harmless from any and
all Claims resulting from or connected
with any activities conducted by the
Account Holder. The Account Holder and
Blaser Hosting will promptly notify
the other upon receipt of any Claim or
legal action arising out of activities
conducted pursuant to this Agreement.
The rights and responsibilities
established in this paragraph will
survive any termination of this
Agreement.
15. Blaser Hosting
may include the Account Holder's name
and contact information in directories
of Blaser Hosting service subscribers
for the purpose promoting the use of
the services by additional potential
clients. However, Blaser Hosting is
not authorized to print the Account
Holder's name, trademarks or other
identifying information in any other
advertising or promotional materials
without the prior written consent of
the Account Holder.
16. The
interpretation and enforcement of this
Agreement shall be governed according
the laws of the state of Florida
(excluding its choice of law rules)
and the federal laws of United States
applicable therein. The Account Holder
hereby consents to personal
jurisdiction in the federal and
provincial courts of Orlando, Florida
for any action arising out of or
relating to the Account Holder's use
of the Blaser Hosting services. The
federal and provincial courts of
Orlando, Florida will have exclusive
jurisdiction over all such actions. In
any such action, the prevailing party
will be entitled to recover all legal
expenses incurred in connection with
the action, including but not limited
to its costs, both taxable and
non-taxable, and reasonable attorney's
fees. The terms of this Section will
survive any termination of this
Agreement.
17. Notices required
by this Agreement shall be in writing
and shall be delivered either by
personal delivery or by mail. If
delivered by mail, notices shall be
sent by any express mail service; or
by certified or registered mail,
return receipt requested; with all
postage and charges prepaid. All
notices and other written
communications under this Agreement
shall be addressed to the individuals
in the capacities indicated below, or
as specified by subsequent written
notice delivered by the party whose
address has changed.
18. Because the
Internet is a global communication
tool, and we have clients from nearly
every country in the world it is
difficult to dictate what is
considered "adult material." However,
it is not our function to discriminate
against those who choose to utilize
adult content or adult related
material. This being said, there are
still several reasons why Blaser
Hosting has
been forced to create its no adult
sites policy for its virtual server
users.
19. Virtual account
holders can receive a refund if
account is cancelled within the
initial 30 days after sign up.
Reseller account holders can receive a
refund if account is cancelled within
the initial 7 days after sign up. If
the account holder cancels after the
time period specified, there will be
no refund given.
20. Blaser Hosting
may temporarily deny service or
terminate this Agreement upon the
failure of Account Holder to pay
charges when they become due. Such
termination or denial will not relieve
the Account Holder of responsibility
for the payment of all accrued
charges, plus reasonable interest and
any collection fees.
21. If an account holder's account
becomes overdue, the account will be
suspended. Interest will accrue on the
overdue account at a rate of 5% per
month until the outstanding balance is
paid in full.
22. If an account holder charges back
for services rendered, a $50.00 charge
back fee will be added to the amount
charged back by the customer.
23. If an account holder's account is
overdue for 90 days, the account will
be handed over to an outside
collection agency. At that time the
account holder will incur a $50.00
collection fee added to the balance
previously due.
24. All accounts are
subject to verification by our Billing
Department.
25. Terms of
Verification: We must be able to
verify your account within 24 hours of
signup. Verification for U.S. citizens
can be done by phone. For foreign
account holders documentation can be
sent via fax or uploaded through our
secure form. If we cannot verify your
account within 24 hours, the account
will be suspended until verified.
26. Check/Money
Order Payments.
A. New accounts utilizing
check/money order payment will not be
activated until payment is received.
B. Returned checks
will incur a $50 worthless check fee.
Any account holder who incurs a
worthless check fee will be required
to pay all future payments via money
order or cashier's check.
C. Customers
utilizing check/money order payment
must have their check or money order
payment to us within 10 days of their
rebill date. Failure to do so will
result in account suspension.
D. International
customers that wish to utilize the
check/money order payment option must
pay via International Money Order and
payments must be received within 10
days of their rebill date. Failure to
do so will result in account
suspension.
27. Billing
Information: All account billing
information including email and phone,
must be valid at all times for the
account to remain active. If the
billing information provided is
inaccurate, 24-hour notice is given to
update the information before account
suspension. If the account holder is
not available by phone (foreign
accounts) or no alternate contact
email address is given, account will
be suspended immediately.
28. You agree that
Blaser Hosting may establish limits
concerning use of any of Blaser
Hosting's
service offered on any Blaser Hosting
web site, including without limitation
the maximum number of days that e-mail
messages will be retained by any
Blaser Hosting service, the maximum
number of e-mail messages that may be
sent from or received by an account on
any Blaser Hosting service, the
maximum size of an e-mail message that
may be sent from or received by an
account on any Blaser Hosting service,
the maximum disk space that will be
allotted on Blaser Hosting's servers
on your behalf either cumulatively or
for any particular service. You agree
that Blaser Hosting has no
responsibility or liability for the
deletion, corruption or failure to
store any messages or other content
maintained or transmitted by any
Blaser Hosting service. You
acknowledge that the features,
parameters (for example, the amount of
storage available to users) or
existence of any Blaser Hosting
service may change at any time.
29. OFAC Compliance: Blaser Hosting is
an American corporation and is subject
to international commerce regulations
by The Office of Foreign Asset Control
of the US Department of the Treasury.
This office administers and enforces
economic and trade sanctions based on
US foreign policy and national
security goals against targeted
foreign countries, terrorists,
international narcotics traffickers,
and those engaged in activities
related to the proliferation of
weapons of mass destruction. You
hereby agree to abide by all laws,
rules, guide lines and regulations set
out by the OFAC. You further agree to
hold Blaser Hosting, it’s agents,
officers and assignees blameless if
your actions while utilizing our
reseller and hosting services ever
violates these prohibitions. In
general you agree to not sell hosting
services under any circumstances to
any entity located in the following
countries: Balkans, Burma (Myanmar),
Cuba, Iran, Iraq, Liberia, Libya,
North Korea, Sudan, Syria, Zimbabwe.
Also prohibited is the selling of
hosting services to “Specifically
Designated Nationals” SDNs or blocked
persons. For more information and a
list of SDNs, blocked persons and
sanctioned countries please go here:
http://www.treas.gov/offices/enforcement/ofac/
What does Blaser Hosting
consider "Adult Material?"
Any site whose
revenue is gained in part or whole
from its adult content.
Photos or videos
showing frontal nudity on either men
or women for non-scientific or
non-artistic purposes.
Photos or videos
showing graphic violence, death or
dismemberment.
Photos or videos
showing graphic violence or death.
Websites containing information or
affiliation of known or suspected
terrorist organizations.
Revenue-generating
hyperlinks to sites who violate policy
#1.
Why does Blaser Hosting have this policy?
Bandwidth and
Resources
A virtual server is a shared
environment where many servers reside
on each particular machine. This being
said, consider that an average "adult
site" gets more hits than 100 standard
websites. Some of the smaller adult
sites get around 5 GB of transfer per
day. With these types of resources
being utilized, our servers would be
severely slowed if we allowed these
high traffic sites to also reside on
our servers. On top of that, we would
be forced to raise our prices to pay
for the additional bandwidth. We
strive to keep our servers fast and
inexpensive, and our bandwidth clear;
therefore, adult sites are not an
option.
Blaser Hosting reserves the
right to decide what it considers
"adult content", "adult material",
"sexually explicit", or "sexually
related". Let us know if you are
unsure of the approval of your site
before placing an order.
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