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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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