This Web Hosting Agreement is between Blue Sky Creative Limited and the person/persons who use our website hosting and domain service. Please read carefully to ensure you understand our terms before purchasing any of our products or services.
Blue Sky Creative Limited agrees to provide the services stated for the price agreed at any given time. We do not mislead customers with hidden costs unlike many other web hosting companies.
All customers are responsible for monitoring their storage space and bandwidth transfer each month. Customers who go over the limit of their account will be sent an email with the option to either upgrade their account or reduce store and or storage. If customers continue to go over we will do everything possible to fix the problem. We do hold to right to ban accounts for continuous problems. If customers sign up for an account and cancel it within the first month they will still be charged for the full first month.
All orders are fraud checked and may not pass if there is a country mismatch, where an order address is different from IP location, we do not axcept orders through proxys, and some orders may be rejected though being from high risk countries. Blue Sky Creative reserve the right to reject any order without giving a reason.
Renewal notices are emailed forteen days before the actual renew date in your account. If your using a credit card or have a paypal subscription you will not have to worry about manual payments.
All accounts are set up on a pre-pay basis. If payment is not received within 7 days of its due date a £20 fee will be added. Blue Sky Creative Limited reserves the right to change prices at any time, unless other terms have been agreed upon.
Any account not brought current within a week (7 days) of e-mail notice or exceeding this time frame in any way is subject to suspension.
After 60 days of non payment your account will be terminated and will result in loss of emails and website data.
YOU are responsible for all fees owed on the account from the time it was established to the time that YOU notify Blue Sky Creative Limited to request for termination of services. YOUR particular billing cycle corresponds to the contract length that was initially chosen at setup. YOUR account will automatically renew at this length unless cancelled before hand.
There is no fee for cancelled accounts that have been paid for yearly. If you cancel an account on the monthly billing cycle Blue Sky Creative Limited can not refund any payments made before.
All annual payments are non refundable once the 30 day money back guarantee has passed. The only time your annual plan will end is if your account does not comply with our terms of service/acceptable usage policy.
Both monthly and annual payments are non-refundable if your account does not follow our terms of service/acceptable usage policy.
Pricing: All prices quoted are inclusive of any Vat( if applicable)
Except for Dedicated and VPS Hosting where Vat is applicable
Prices are liable to change at any time. We will notify you of a change in our prices at least thirty (30) days before the price increase comes into force. If you do not agree to such price changes, please cancel your Services via our support ticket system as per our cancellation policy. If you do not cancel you will be deemed to have accepted the new prices, and they will be chargeable by the usual payment method.
No payment shall be deemed to have been received until we have received cleared funds. If your chosen method of payment is not authorised by your credit card provider or bank, you hereby authorise us to seek payment from any other payment method registered against your account. Further, if your payment is still not authorised we may, at our discretion, suspend or terminate any Services we provide to you from time to time, even if payment in respect of such Services is not outstanding.
Cancellation and Early Termination
Customers must acknowledge that the amount of the services bought is based on customers agreement to pay the fee for the initial term or renewal term.
To cancel the Contract, you must inform us in writing through our support ticket system.
As part of our cancellation process, we will respond to you via our support ticket system to confirm your cancellation request. You must re-confirm your cancellation request via our support ticket system or we will continue to supply the Hosting Service and your cancellation will be ineffective.
If you are buying as a consumer (i.e., not within the course of your business), ordinarily, the Consumer Protection (Distance Selling) Regulations 2000 allow you to cancel the Contract at any time within seven (7) working days, beginning on the day after you received the Acceptance Confirmation.
However, by placing your order for the Services, you agree to us starting supply of those Services before the end of the seven working day cancellation period referred to here. As such, you will not have the right to cancel the Contract under the Consumer Protection (Distance Selling) Regulations 2000.
This provision does not otherwise affect your statutory rights.
Any attempt to undermine or cause harm to a server or customer of Blue Sky Creative Limited is strictly prohibited.
Blue Sky Creative Limited will strongly react to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include "Internet scamming" (tricking other people into releasing their passwords), password theft, security hole scanning, etc.
Any unauthorized use of accounts or computers by YOU, whether or not the attacked account or computer belongs to Blue Sky Creative Limited, will result in action against YOU. Possible actions include warnings, account suspension or cancelation, as well as civil or criminal legal action, depending on the seriousness of the attack.
IMPORTANT NOTE - Blue Sky Creative Limited has the right to discontinue service, or deny access to anyone who violates our policies or the terms and conditions shown below WITHOUT WARNING or PRIOR NOTICE. No refunds of fees paid will be made if account termination is due to violation of the terms outlined below.
YOU may not run IRC, bots or clients on shared servers. Unacceptable uses also include, but are NOT limited to: Bulk emailing, unsolicited emailing, newsgroup spamming, upload scripts (Rappidleach), pornographic content, illegal content, copyright infringement, trademark infringement, warez sites (including links to/from), cracks, software serial numbers, proxy-relaying, link farming (the act of or by use of scripts), link grinding, link-only sites, spamdexing, FFA (Free-For-All) and/or anything else determined by Blue Sky Creative Limited to be unacceptable use of our services including abuse of server resources.
WEB APPLICATIONS and WEB ACCESSIBLE SCRIPTS - All web applications that are out-of-date and actively being exploited will be shut down immediately without prior notice. YOU are responsible for and should evaluate YOUR web-based applications and scripts on a regular basis to ensure their security and orderliness.
Shared hosting accounts may also be terminated if it includes the following content or have links to the following content: Providing material that is grossly offensive to the Web community including blatant expressions of bigotry, racism, hatred, or profanity; promoting or providing instructional information about illegal activities; promoting physical harm or injury against any group or individual; displaying material containing obscene nudity or pornographic material (not applicable to managed dedicated servers); displaying material that exploits children under 18-years of age; acts of copyright infringement including offering pirated computer programs or links to such programs; information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities.
Disk Space Abuse
Blue Sky Creative Limited will be the sole arbiter as to what constitutes a violation of this provision. You are reponsable for monitoring your disk space usage. If you need extra disk space contact one of our staff and they will be happy to help out. You can also upgrade your hosting plan from inside your Blue Sky Creative Limited client account.
The intention of Blue Sky Creative Limited is to provide a large bandwidth to transfer web documents, and not an offsite storage area for electronic files. If YOU violate this condition, YOU will be notified and given 48 hours to remedy the problem. Failure to do so will result in YOU being billed for the overages.
Traffic will go unmonitored until YOU reach the amount of quota allocated to YOUR specific PLAN. Blue Sky Creative Limited will be the sole arbiter as to what constitutes a violation of this provision.
Customers agree to use our services under the Acceptable Usage Policy which is here by incorporated with this agreement. Customers agree that Blue Sky Creative Limited hold the right to change their AUP at any time to meet web hosting standards and laws. Amendments to the AUP are effective on the earlier of Blue Sky Creative Limited notice to Customer that an amendment has been made, or the first day of any Renewal Term that begins subsequent to the amendment. Customer agrees to cooperate with Blue Sky Creative Limited reasonable investigation of any suspected violation of the AUP. In the event of a dispute between Blue Sky Creative Limited and Customer regarding the interpretation of the AUP, Blue Sky Creative Limited commercially reasonable interpretation of the AUP shall govern.
Customer represents and warrants to Blue Sky Creative Limited that the information he, she or it has provided and will provide to Blue Sky Creative Limited for purposes of establishing and maintaining the service is accurate. If Customer is an individual, Customer represents and warrants to Blue Sky Creative Limited that he or she is at least 18 years of age. Blue Sky Creative Limited may rely on the instructions of the person listed as the Primary Customer Contact on the Order with regard to Customer's account until Customer has provided a written notice changing the Primary Customer Contract.
UNSOLICITED EMAIL & SPAMMING
Unsolicited commercial advertisements ("SPAM") are not allowed in e-mail, and will likely result in account cancelation. Blue Sky Creative Limited takes a zero-tolerance approach to SPAM originating from its servers or for spam advertising of domains hosted within our network. If found, YOUR account may be deleted.
The following activities are not allowed: SPAM, which includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts (such messages may only be sent to those who have explicitly requested it from your domain); Forging, altering or removing electronic mail headers - any domain sending stealth spam will be terminated without warning and without refund. Sending numerous copies of the same or substantially similar message with the intent to disrupt a server or account ("mail bombing"); Spamming Newsgroups: Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account cancelation. See the newsgroup or mailing list's charter for whether advertising is allowed or not. Sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such; Mail may not be used to harass or intimidate others. Harassment, whether through language, frequency of messages, or size of messages, is prohibited. Sending a single unwelcome message may be considered harassment. If a recipient asks to stop receiving e-mail, YOU must not send that person any further messages.
NOTE - If YOU use the services of another provider to promote a website hosted by or through Blue Sky Creative Limited ("spamvertising"), then the provisions of the above policy shall apply as if the SPAM were sent through our servers.
99.99% UPTIME GUARANTEE
(1.) COVERAGE - This 99.99% uptime guarantee applies to any Customer in good financial standing with Blue Sky Creative Limited at the time of a service outage.
(2.) SERVICE LEVEL AGREEMENT ("SLA") & SPECIFICATIONS - Blue Sky Creative Limited endeavors to have the content of YOUR website available for http access by any party in the world 99.99% of the time. Network downtime ("unavailability") is defined as 100% packet loss from Blue Sky Creative Limited to its backbone providers. Downtime is measured past 10 minutes after notification of network failure via Blue Sky Creative Limited's online ticketing system. If the ticketing system itself is unreachable, the ticket must be started by calling the Blue Sky Creative Limited NOC.
Blue Sky Creative Limited's administrators will determine the end of the downtime by a traceroute to YOUR machine from outside the Blue Sky Creative Limited network.
(3a.) SHARED HOSTING CREDITS - In the event that YOUR website is unavailable for less than 100%, Blue Sky Creative Limited will credit the following month's service fee as follows. YOUR credit shall be retroactive and measured in 24 hours a day of a calendar month, with the maximum credit not exceeding 50% of the monthly service charge for the affected month.
- 95% to 99.9% - YOUR account will be credited 10% of your monthly hosting fee
- 90% to 94.9% - YOUR account will be credited 20% of your monthly hosting fee
- 89.9% or below - YOUR account will be credited 50% of your monthly hosting fee (3b.)
Credit shall not be provided to YOU in the event that you have any outage resulting from:
- scheduled maintenance as posted from time to time at Blue Sky Creative Limited,
- your behavior or the performance or failure of your equipment, facilities or applications,
- circumstances beyond Blue Sky Creative Limited's reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services, including DNS propagation, domain name registration/transfer, failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of your web site,
- YOU breaking any agreement policy in Blue Sky Creative Limited's "Terms & Conditions and AUP" causing a machine to fail as a result.
TECHNICAL SUPPORT BOUNDARIES
Blue Sky Creative Limited provides technical support for YOU that encompasses within our area of expertise only. Such expertise includes assistance, troubleshooting, and debugging of our cPanel control panel interface, servers within our immediate responsibility and any other hosting related issues.
Unlike many hosting companies We do our best to help with scripts, templates and programing languages. However, under no circumstances is Blue Sky Creative Limited obligated to help YOU in the installations of new application modules, templates and/or programming languages, nor in providing assistance for any errors produced by any applications that have been modified by YOU previously.
We provide support via our ticket system 24 hours a day 7 days a week. Out of office hours the response may take longer but we endevour to answer all tickets as quickly as possible.
We provide telephone support for our services during office hours (9-5) Monday to Friday GMT only by calling 020 8123 7168.
Each shared web hosting account comes with its own CGI-BIN. YOU are free to use any CGI scripts YOU wish, however we reserve the rights to disable any CGI script that effects normal shared server operation without prior notice.
Customer agrees to indemnify and hold harmless Blue Sky Creative Limited, Blue Sky Creative Limited's affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of Customer's services in violation of applicable law or the AUP by Customer or any person using Customer's log on information, regardless of whether such person has been authorized to use the services by Customer.
YOU AGREE TO DEFEND,INDEMNIFY AND HOLD HARMLESS Blue Sky Creative Limited AGAINST LIABILITIES ARISING OF:
(1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH Blue Sky Creative Limited'S SERVER.
(2) ANY MATERIAL SUPPLIED BY THE CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY
(3) COPYRIGHT INFRINGEMENT AND
(4) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM Blue Sky Creative Limited'S SERVER.
Disclaimer of Warranties
Blue Sky Creative Limited does not warrant or represent that the services will be uninterrupted, error free, or completely secure. To the extent permitted by applicable law Blue Sky Creative Limited disclaims any and all warranties including the implied warranties or merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by applicable law all services are provided on an "As Is" basis.
Limitation of Damages
Neither party shall be liable to the other for any lost profits or any indirect, special incidental, consequential or punitive loss or damage of any kind, or for damages that could have been avoided by the use of reasonable diligence, arising in connection with the agreement, even if the party has been advised or should be aware of the possibility of such damages.
Notwithstanding anything else in the agreement to the contrary, the maximum aggregate liability of Blue Sky Creative Limited and any of its employees, agents or affiliates, under any theory of the law (including breach of contract, tort, strict liability and infringement) shall be a payment of money not to exceed the amount payable by customer for the three months service.
Suspension of Services/Termination
Customer agrees that Blue Sky Creative Limited may suspend services to Customer without notice and without liability if: (i) Blue Sky Creative Limited reasonably believes that the services are being used in violation of the AUP; (ii) Customer fails to cooperate with any reasonable investigation of any suspected violation of the AUP; (iii) Blue Sky Creative Limited reasonably believes that the suspension of service is necessary to protect its network or its other customers, or (iv) as requested by a law enforcement or regulatory agency. Customer shall pay Blue Sky Creative Limited reasonable reinstatement fee if service is Blue Sky Creative Limited following a suspension of service under this subsection.
The Agreement may be terminated by Customer prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability if Blue Sky Creative Limited fails in a material way to provide the service in accordance with the terms of the Agreement and does not cure the failure within ten (10) days of Customer's written notice describing the failure in reasonable detail. The Agreement may be terminated by Blue Sky Creative Limited prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability as follows: (i) upon five (5) days notice if Customer is overdue on the payment of any amount due under the Agreement; (ii) Customer materially violates any other provision of the Agreement, including the AUP, and fails to cure the violation within thirty (30) days of a written notice from Blue Sky Creative Limited describing the violation in reasonable detail; (iii) upon one (1) days notice if Customer's Service is used in violation of a material term of the AUP more than once, or (iv) upon one (1) days notice if Customer violates Section 5 (Customer Information) of this Agreement. Either party may terminate this agreement upon five (5) days advance notice if the other party admits insolvency, makes an assignment for the benefit of its creditors, files for bankruptcy or similar protection, is unable to pay debts as they become due, has a trustee or receiver appointed over all or a substantial portion of its assets, or enters into an agreement for the extension or readjustment of all or substantially all of its obligations.
If you break our terms of service/acceptable usage policy we hold the right to cancel any services. We will never cancel any services without trying our best to resolve the problem with you. However in extreme cases such as an account containing child pornography we hold the right to cancel services without any prior warning. We do not refund any accounts breaking our terms of service/acceptable usage policy. For example if we cancel your hosting account during your first month for breaching copyright, we will not refund you for the first month. This is to prevent people signing up for our services with the intention of breaching our terms.
Request For Customer Information
Customer agrees that Blue Sky Creative Limited may, without notice to Customer, (i) report to the appropriate authorities any conduct by Customer or any of Customer's customers or end users that Blue Sky Creative Limited believes violates applicable law, and (ii) provide any information that it has about Customer or any of its customers or end users in response to a formal or informal request from a law enforcement or regulatory agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.
Back Up Copy
Customer agrees to maintain a current copy of all content hosted by Blue Sky Creative Limited not with standing any agreement by Blue Sky Creative Limited to provide back up services.
Request For Restore Of Hosting Package
During any service term, customer may request up to one free restore for any reason of choice. If a customer should need to request a restore after this a £10 one time fee will be enforced.
Changes To Blue Sky Creative Limited's Network
Upgrades and other changes in Blue Sky Creative Limited's network, including, but not limited to changes in its software, hardware, and service providers, may affect the display or operation of Customer's hosted content and/or applications. Blue Sky Creative Limited reserves the right to change its network in its commercially reasonable discretion, and Blue Sky Creative Limited shall not be liable for any resulting harm to Customer.
Notices to Blue Sky Creative Limited under the Agreement shall be given via electronic mail to the e-mail address posted for customer support. Notices to Customer shall be given via electronic mail to the individual listed as the Primary Customer Contact on the Order. Notices are deemed received on the day transmitted, or if that day is not a business day, on the first business day following the day delivered. Customer may change his, her or its notice address by a notice given in accordance with this Section.
Blue Sky Creative Limited shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond Blue Sky Creative Limited's control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labour action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.
Contracts for the purchase of Services through our site will be governed by English law. Any dispute arising from, or related to, such the Contract shall be subject to the exclusive jurisdiction of the courts of England and Wales. English is the language offered for the conclusion of the contract between us both.
Each party acknowledges and agrees that the other party retains exclusive ownership and rights in its trademarks, service marks, trade secrets, inventions, copyrights, and other intellectual property. Neither party may use the other party's name or trade mark without the other party's prior written consent. The parties intend for their relationship to be that of independent contractors and not a partnership, joint venture, or employer/employee. Neither party will represent itself to be agent of the other. Each party acknowledges that it has no power or authority to bind the other on any agreement and that it will not represent to any person that it has such power or authority. This Agreement may be amended only by a formal written agreement signed by both parties. The terms on Customer's purchase order or other business forms are not binding on Blue Sky Creative Limited unless they are expressly incorporated into a formal written agreement signed by both parties. A party's failure or delay in enforcing any provision of the Agreement will not be deemed a waiver of that party's rights with respect to that provision or any other provision of the Agreement. A party's waiver of any of its right under the Agreement is not a waiver of any of its other rights with respect to a prior, contemporaneous or future occurrence, whether similar in nature or not. The captions in the Agreement are not part of the Agreement, but are for the convenience of the parties. The following provisions will survive expiration or termination of the Agreement: Fees, indemnity obligations, provisions limiting liability and disclaiming warranties, provisions regarding ownership of intellectual property, these miscellaneous provisions, and other provisions that by their nature are intended to survive termination of the Agreement. There are no third party beneficiaries to the Agreement. Neither insurers nor the customers of resellers are third party beneficiaries to the Agreement. Customer may not transfer the Agreement without Blue Sky Creative Limited's prior written consent. Blue Sky Creative Limited's approval for assignment is contingent on the assignee meeting Blue Sky Creative Limited's credit approval criteria. Blue Sky Creative Limited may assign the Agreement in whole or in part. This Agreement together with the Order and AUP constitutes the complete and exclusive agreement between the parties regarding its subject matter and supersedes and replace any prior understanding or communication, written or oral.
Delivery: There are no physical products available for delivery, electronic activation of products/services is completed when the order is accepted by Blue Sky Creative Limited. Domain name registration may be subject to delays if information is incorrect or the domain registrar has a question about a registration. We will endevour to have services online within 24hrs.
All files stored on Blue Sky Creative Limited's servers must be legally-owned and be accompanied with a valid license and/or copyright. This include and is not limiting to MP3, AVI, MID, MIDI, MPG, MPEG, MOV, EXE, ISO. Should we discover any unlicensed and/or illegal files within YOUR account, the files will be subjected to deletion.
CANCELATION OF SERVICE
Blue Sky Creative Limited reserves the right to cancel a service at any time. All fees paid in advance of cancellation will be pro-rated and paid by Blue Sky Creative Limited if we institutes our right of cancelation. Any violation of policies which results in extra costs billed to YOU.
PROMOTIONAL RATES & SPECIAL OFFERS
Blue Sky Creative Limited may offer subsequent promotional rates or special offers, the terms of which may or may not be more favorable than the terms and conditions for YOUR Services. Any such promotions or modifications shall not effect YOUR obligations under this Agreement. Promotional fees may be subject to additional terms and conditions which, to the extent they conflict with the terms of this Agreement, shall govern. Different promotional fees and special offers may not be combined together.
We have various special promotions and as a result of this our promotions are not refundable and are not covered by our 30-day money back guarantee.
INTELLECTUAL PROPERTY RIGHTS
Material accessible to you through Blue Sky Creative Limited's services may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets and proprietary information. Except when expressly permitted by the owner of such rights, YOU must not use Blue Sky Creative Limited or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material that you access or receive through the Blue Sky Creative Limited network. If YOU use a domain name in connection with Blue Sky Creative Limited or similar service, YOU must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.
Customers may not use the Blue Sky Creative Limited network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for YOU, logging into a server or account YOU are not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. YOU may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. Blue Sky Creative Limited will cooperate fully with investigations for violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.
YOU will be solely responsible for the development, operation and maintenance of YOUR online store and products along with all content and materials appearing online or on YOUR products, including without limitation:
(a.) the accuracy and appropriateness of content and materials appearing within the store or related to YOUR products,
(b.) ensuring that the content and materials appearing within the store or related to YOUR products do not violate or infringe upon the rights of any third party, and
(c.) ensuring that the content and materials appearing within the store or related to YOUR products are not libelous or otherwise illegal. YOU will be solely responsible for the final calculation and application of shipping and sales tax. YOU will also be solely responsible for accepting, processing, and filling any customer orders, and for handling any customer inquiries or complaints arising there from.
YOU are also responsible for the security of any customer credit card numbers and related customer information YOU may access as a result of conducting electronic commerce transactions through YOUR website. YOU will keep all such information confidential and will use the same degree of care and security as YOU use with your confidential information.
STATIC & DYNAMIC CONTENT CACHING
(i) grant to Blue Sky Creative Limited a license to cache the entirety of YOUR website, including content supplied by third parties, hosted by Blue Sky Creative Limited under this Agreement and
(ii) agree that such caching is not an infringement of any of YOUR intellectual property rights or any third party's intellectual property rights.
IP ADDRESS OWNERSHIP
Blue Sky Creative Limited shall maintain and control ownership of all IP numbers and addresses that may be assigned to YOU by Blue Sky Creative Limited. Blue Sky Creative Limited reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.
DOMAIN NAME REGISTRATION
YOU agree to pay Blue Sky Creative Limited prior to the effectiveness of the desired domain name registration, the then-current amount set forth in the Blue Sky Creative Limited price schedule for the initial registration of the domain name and, should YOU choose to renew the registration, subsequent renewals of the registration. All fees are non-refundable, in whole or in part, even if YOUR domain name registration is suspended, canceled or transferred prior to the end of YOUR then current registration term. Blue Sky Creative Limited reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. YOUR requested domain name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed YOUR registration in an email from Blue Sky Creative Limited to the email address indicated in YOUR registration application. In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by Blue Sky Creative Limited) in connection with the payments of the registration fee for YOUR domain name registration, YOU agrees and acknowledges that the domain name registration shall be transferred to Blue Sky Creative Limited as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. Blue Sky Creative Limited will reinstate YOUR domain name registration solely at Blue Sky Creative Limited's discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee.
Transfer domain registrar to Blue Sky Creative Limited
YOU agree to pay Blue Sky Creative Limited prior to the effectiveness of the desired domain name transfer request, the then-current amount set forth in the Blue Sky Creative Limited price schedule for the initial transfer request of the domain name. YOU agree and acknowledge that the domain name transfer will fail, and all fees are non-refundable, for the following reasons, but not limited to:
- No response from the Registered Name Holder or Administrative Contact
- Domain name in Registrar Lock Status
- Domain name registration period time expires or other constraints, other than during the first 60 days of initial registration or during the first 60 days after a registrar transfer
Blue Sky Creative Limited reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. YOUR requested domain name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed YOUR registration in an email from Blue Sky Creative Limited to the email address indicated in YOUR registration application. In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by Blue Sky Creative Limited) in connection with the payments of the registration fee for YOUR domain name registration, YOU agrees and acknowledges that the domain name registration shall be transferred to Blue Sky Creative Limited as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. Blue Sky Creative Limited will reinstate YOUR domain name registration solely at Blue Sky Creative Limited discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee.
Transfer domain away from Blue Sky Creative Limited
Blue Sky Creative Limited reserves all rights, without limitation, to reject the domain name transfer request for the following reasons, but not limited to:
- No response from the Registered Name Holder or Administrative Contact
- Domain name in Registrar Lock Status and there is no request from Registered Name Holder or Administrative Contact for the status change
- Domain name registration period time will be expiring in less than 60 days or other constraints, other than during the first 60 days of initial registration or during the first 60 days after a registrar transfer
YOU agree and acknowledge that the failure or success of a domain name transfer will be his/her sole responsibility, and Blue Sky Creative Limited will not be held liable for the failure of a domain name transfer for any reason.
Domain registrations are non-refundable. Please do not purchase the domain name until you are certain that it is exactly what you would like to buy.
CUSTOMER DOMAIN REGISTRATION PRODUCT AGREEMENT EXTENSION
Blue Sky Creative Limited (hereinafter referred to as "Parent") AND you (hereinafter referred to as "Customer")
entered into a Customer Master Agreement ("Agreement") effective from the agreement date of which this "Domain Registration Product Agreement Extension" is a part.
WHEREAS, Parent is authorized to provide Internet registration and management services for domain names, for the list of TLDs mentioned within APPENDIX 'B';
WHEREAS, the Customer wishes to purchase Registration and/or Management and/or Renewal and/or Transfer for the list of TLDs mentioned within APPENDIX 'B' through Parent;
NOW, THEREFORE, for and in consideration of the mutual promises, benefits and covenants contained herein and for other good and valuable consideration, the receipt, adequacy and sufficiency of which are hereby acknowledged, Parent and the Customer, intending to be legally bound, hereby agree as follows:
(1) "TLD" refers to .COM, .NET, .ORG, .BIZ, .INFO, .NAME, .US, .IN, .EU, .UK, .TRAVEL, .WS, .COOP, CentralNIC, .MOBI, .ASIA, .ME, .TEL, .MN, .BZ, .CC, .TV, .CN, .NZ, .CO, .CA, .DE, .ES, .AU, .XXX and .RU.
(2) "gTLD" refers to .COM, .NET, .ORG, .BIZ, .INFO, .NAME, .TRAVEL, .COOP, .MOBI, .ASIA, .TEL and .XXX.
(3) "Domain Order" refers to an Order fulfilled by the Customer through the Parent under this Domain Registration Product Agreement Extension.
(4) "Registrant" refers to the registrant/owner of a Domain Order as in the Order.
(5) "Registrar" refers to the Registrar of a Domain Order and/or shown in the Whois Record.
(6) Registry Operator refers to the Organisation/Entity that maintains the registry of a TLD of a Domain Order.
(7) "Whois Record" refers to the collection of all data elements of the Domain Order, specifically its Registrant Contact Information, Administrative Contact Information, Technical Contact Information, Billing Contact Information, Nameservers if any, its Creation and Expiry dates, its Registrar and its current Status in the Registry.
2. OBLIGATIONS OF THE CUSTOMER
(1) The Customer must ensure that the Registrant of each Domain Order must agree to be bound by the terms and conditions laid out by the Registrar of the Domain Name during the term of the Domain Order. The Customer must familiarize himself with such terms. The Customer acknowledges that the Registrar has various rights and powers as mentioned in the Registrar's terms and conditions. Parent is not liable for any action taken by Registrar pursuant to the Registrar's terms and conditions. The Customer acknowledges and agrees that the Customer shall indemnify Parent of, and shall be responsible for any liability resulting from Registrants' noncompliance with such terms and conditions.
(2) The Customer will not make any changes to any information associated with the Domain Order without explicit authorization from the Registrant of that Domain Order.
(3) The Customer must comply with all applicable terms and conditions, standards, policies, procedures, and practices laid down by ICANN, the Registrar and the Registry Operator.
3. RIGHTS OF PARENT
Parent and Service Providers, in their sole discretion, expressly reserve the right to freeze, delete, suspend, deny, cancel, modify, take ownership of or transfer any Domain Order, in order to comply with any applicable Dispute policies, requests of law enforcement, or in compliance with any Court Orders, or if Parent or Service Providers in their sole discretion determine that the information associated with the Domain Order is inaccurate, or has been tampered with, or has been modified without authorization, or if Parent or Service Providers in their sole discretion determine that the Domain Order ownership should belong to another entity, or if Customer/Customer/Registrant does not comply with any applicable terms and conditions, standards, policies, procedures, and practices laid down by Parent, Service Providers, ICANN, the Registrar and the Registry Operator. The Customer agrees that Parent and Service Providers, and the contractors, employees, directors, officers, representatives, agents and affiliates, of Parent and Service Providers, are not liable for loss or damages that may result from any of the above.
In the event of termination of this Product Agreement Extension for any reason, Sections 2 and 3 shall survive.
PRIVACY PROTECTION SERVICE SPECIFIC CONDITIONS
1. DESCRIPTION OF SERVICES
The Privacy Protection Service hides the contact details of the actual owner from appearing in the Whois Lookup Result of his domain name.
2. IMPLEMENTATION DETAILS
(1) Customer acknowledges and agrees that the contact information being displayed in the Whois of a privacy protected Domain Order will be those designated by the Parent, and
(1) any mail received via post at this Address would be rejected;
(2) any telephone call received at this Telephone Number, would be greeted with an electronic answering machine requesting the caller to email the email address listed in the Whois of this privacy protected domain name;
(3) the sender of any email to an email address listed in the Whois of this privacy protected domain name, will get an automated response email asking them to visit the URL http://www.privacyprotect.org/ to contact the Registrant, Administrative, Billing or Technical Contact of a privacy protected domain name through an online form. This message would be relayed as an email message via http://www.privacyprotect.org/ to the actual Registrant, Administrative, Billing or Technical Contact email address we have on file.
(2) Customer agrees that we can not guarantee delivery of messages to either the Registrant, Administrative, Billing, Technical Contact, of a privacy protected Domain Order, and that such message may not be delivered in time or at all, for any reason whatsoever. Parent and Service Providers disclaim any and all liability associated with non-delivery of any messages relating to the Domain Order and this service.
(3) Customer understands that the Privacy Protection Service is only available for certain TLDs.
(4) Irrespective of whether Privacy Protection is enabled or not, Customers and Registrants are required to fulfill their obligations of providing true and accurate contact information as detailed in the Agreement.
(5) Customer understands and acknowledges that Parent in its sole, unfettered discretion, can discontinue providing Privacy Protection Services on the Order for any purpose, including but not limited to:
(1) if Parent receives any abuse complaint for the privacy protected domain name, or
(2) pursuant to any applicable laws, government rules or requirements, requests of law enforcement agency, or
(3) for the resolution of disputes concerning the domain name, or
(4) any other reason that Parent in its sole discretion deems appropriate to switch off the Privacy Protection Services.
3. OBLIGATIONS OF CUSTOMER
Customer must ensure that the Registrant of each Domain Order must also acknowledge and agree to be bound by the following terms and conditions. The Customer acknowledges and agrees that the Customer shall indemnify Parent of, and shall be responsible for any liability resulting from Customer's nondisclosure of these terms to Registrant of Domain Order.
Customer and Registrant agree to release, defend, indemnify and hold harmless Parent, Service Providers, PrivacyProtect.org, and their parent companies, subsidiaries, affiliates, shareholders, agents, directors, officers and employees, from and against any and all claims, demands, liabilities, losses, damages or costs, including reasonable attorney's fees, arising out of or related in any way to the Privacy Protection services provided hereunder.
LIST OF TLDS PARENT IS AUTHORIZED TO PROVIDE DOMAIN NAME REGISTRATION AND MANAGEMENT SERVICES
* .COM, .NET
* .NAME and .NAME Defensive Registrations and .NAME Mail Forwards
* .TRAVEL (through Registrar Directi Internet Solutions Pvt. Ltd. D/B/A PublicDomainRegistry.com)
* .MN, .BZ
* .CC, .TV
VERISIGN MOBILEVIEW SERVICE SPECIFIC CONDITIONS
1. DESCRIPTION OF SERVICES
The Verisign MobileView Service creates a mobile-friendly version for your .COM and .NET website.
2. IMPLEMENTATION DETAILS
Registrant agrees that Verisign may store the following data elements about any MobileView-enabled domain name:
(1) General Details (Company Name, Description and Company Logo);
(2) Contacts (Phone, Email and Address);
(3) Social (Facebook and Twitter URL);
(4) Products (Product Name, Description, Price and Image);
(5) Business Hours (Title and Hours of Operation);
(6) Coupons (Name, Description, Disclaimer, Image, Start and End Date).
(7) Usage information:
(1) Number of hits for any given domain name;
(2) User agent (where the request is coming from);
(3) Crawling website to collect website information.
3. DATA USAGE
Registrant agrees and acknowledges the following terms of data usage by Verisign:
(1) The data will be used to display to the end users and not used for any other internal purposes. This data is all publicly available on the internet and/or customer website.
(2) Customer information is used to create and maintain accounts as well as contacting Customers in case of any problems with accounts, provide technical support, conduct surveys and other similar activities.
(3) Verisign may use data for statistical analysis purpose to understand the Verisign MovileView adoption rate, trend by TLD's etc. in order to make improvements to our services.
4. DATA RETENTION
Registrant acknowledges that Verisign may retain some data that has been anonymized under the IMPLEMENTATION DETAILS, as well as retain statistical information derived from aggregated data, even after the MobileView Service has been cancelled.
5. DATA TRANSFER
Registrant acknowledges that Verisign may transfer data collected under the IMPLEMENTATION DETAILS across International boundaries.
Blue Sky Creative Limited reserves the right to refuse service to anyone. YOU may only use Blue Sky Creative Limited server for lawful purposes and our services may not be used for illegal purposes or in support of illegal activities. We reserve the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing. If anything is not legal in the United States of America, it is not permitted to reside on our servers. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes but not limiting 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 Warez", OGG, AVI, MPEG, ISO, "Hacker programs or archives", "Copyrighted Digital Movie Copies (DIVX)" and "Unlicensed MP3". The designation of any materials as such described above is left entirely to the discretion of Blue Sky Creative Limited management.
If illegal content or usage is found, the account will be suspended and/or terminated. YOU agree that Blue Sky Creative Limited may disclose any and all YOUR information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification.
Regardless of the place of signing this agreement, YOU agree that for purposes of venue this contract is entered in Fremont, California, and any dispute will be litigated or arbitrated in Fremont, California. Defendants further waive all objections to venue and acknowledge that venue in any such litigation will be held in Fremont courts. IN NO EVENT SHALL Blue Sky Creative Limited'S MAXIMUM LIABILITY EXCEED FIVE HUNDRED ($500.00) DOLLARS.
Blue Sky Creative Limited follows the strict guidelines of our customer privacy statement. Please make sure you understand this statement fully.
Student Hosting Offer
The student hosting offer is available to all students. College and University students are those people who have left school. The student must pay for the domain name registration and select a preferred shared hosting package or transfer in a domain name. Not available on dedicated servers. This package is the hosting package they will be on during the offer period. This can be changed after the Free Offer ends. College and University students receive 1 years Free Hosting. If domain renewal is required then this is additional to the hosting charges. The student may only register once. All teaching staff must provide proof of teaching status when required or risk loss of services and or data. Teaching staff must inform Blue Sky Creative when they leave the teaching profession and either cancel or start paying for services. The student may cancel at any time in accordance with Blue Sky Creative cancellation policies. After the Free Offer ends any non payment for services and Blue Sky Creative Limited reserve the right to cancel all services immediately and will levi a £10 administration cost to the account. Blue Sky Creative will pursue all non payments which may incur additional court and legal fees being added to the account. We reserve the right to remove this offer at any time. Blue Sky Creative may ask for proof of student status at anytime, if this is not provided and satisfactorary then Blue Sky Creative Limited may deam this a breach of the offer terms and cancel the hosting services without notice.
FREE Hosting terms
Our Free hosting offer is only available on the stated hosting package. To qualify for a free hosting account you need to either purchase a new domain name with us or transfer an excisting one to us. We do not permit dns pointing to our free hosting packages. Our Free Hosting Packages are NOT meant for commercial websites, if you require or are going to run a business website on our free hosting package you may be in breach of our terms of service and as such we may remove the account without warning. There are no adverts, and no time limit, its free until you need more space or better services. If any information is deamed to be bogus or suspect then Blue Sky Creative may not authorise the account and if already active may delete the package without warning. Blue Sky Creative will not be liable for any loss of data or costs. We may check a clients details from time to time, all registered emails must be active and contactable. An active phone number is required and may be checked from time to time. Free hosting accounts may be upgraded at any time to any of our paid web hosting packages. All accounts are subject to our Terms of Service and Acceptable use policy.
30 Day Money Back Guarantee
You are entitled to claim our 30 day-money back guarantee providing you meet the following requirements.
- You must claim during the first 30 days of using our services
- Your are subject to our terms of service and acceptable usage policy
Our special promotions are excluded from our 30-day money back guarantee.
If a domain name was included as part of the plan the value of this domain name will not be refundable. You will however be compensated for the rest of the cost.
- If you provide us with the correct first name, second name & email address used by your friend or family member during signup
- If you claim within 10 days of your friend or family members signup date.
If you friend or family member cancels their service with us the commissions will end.
To cancel the Contract under this clause, you must inform us in writing through our support ticket system before the end of the thirty (30) day period.
As part of our cancellation process, we will respond to you via our support ticket system to confirm your cancellation request. You must re-confirm your cancellation request via our support ticket system or we will continue to supply the Hosting Service and your cancellation will be ineffective.
Services which may not be cancelled include but are not limited to:
Hosting Services where you request a dedicated hosting server;
Domain Registration and Renewal Services; and Use of SSL certificates and any other 'add on' products.