Terms & Conditions
As used in this Terms & Conditions,
Bludot means BLUDOT COMMUNICATIONS PTE LTD, of 315 Alexandra RD, #05-01
Performance Centre Singapore 159944, a Singapore registered company.
BLUDOT provides World Wide Web hosting and development
solutions. BLUDOT has certain legal and ethical responsibilities
consisting with the use of its server and equipment involved in these
services.
1. Server Abuse
Any attempt to undermine or cause harm to
a server, or customer, of BLUDOT is strictly
prohibited.
BLUDOT will take serious action for any kind of
unauthorized use of accounts and computers. Such attempts include
"Internet scamming" (tricking other people into releasing their
passwords), password robbery, security hole scanning
etc.
Possible actions include warnings, account suspension or
cancellation, and civil or criminal legal action, depending on the
seriousness of the attack.
Hosting accounts may be terminated
that include the following content or which have links to the
following content:
- Promoting or providing
instructional information about illegal activities, or promoting
physical harm or injury against any group or individual
- Displaying material containing
obscene nudity or pornographic must move to an adult server.
Contact sales for more information.
- 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
- Programs which put high loads on
shared servers are not allowed. This includes Forums (IKONBOARD),
Message Boards, IRC Chats and any program or script in any language
which performs a high load on the CPU
2. Unsolicited Email (Spam)
Unsolicited
commercial advertisements (spam) are not allowed in e-mail, and will
likely result in account cancellation. Such as:
- Unsolicited bulk or commercial
messages ("spam"). This 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 is prohibited. 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.
- Mail may not be used to harass or
intimidate others. Harassment, whether through language, frequency of
messages, or size of messages, is prohibited.
3. Payment Policies
All accounts are billed
and charged according to the agreement between BLUDOT and the
Customer. Customers may be billed on arranged cycles automatically
when using PayPal. You have the right to cancel your account at
any time for any reason. To cancel your account you can email sales@bludot.net or logon to
your PayPal account to cancel subscription. Customer may also choose
alternate payment method such as Credit Card (Master/Visa credit or debit
card), mail in cheque, interbank fund transfer/Telegraphic transfer or any
arrangement made by BLUDOT. Only upon receipt of payment, your
account will be processed within 1 to 2 working days. BLUDOT reserves
the right to suspend other services until the outstanding debt
is cleared. The client is responsible for all money owed on the
account from the time it was established to the time that the client
sends an cancellation request. All invoices will be sent directly to
clients via email shortly after the online purchase has been
made.
4. Failure to
Pay
The Company may temporarily deny service or terminate this
Agreement upon the failure of Client to pay charges when due. Such
termination or denial will not relieve Client of responsibility for the
payment of all accrued charges, plus reasonable interest and any
collection fees. Service interrupted for nonpayment
is subject to a SGD$150 reactivation charge.
5. Account
Cancellation
All requests for canceling accounts should be made
48-72 hours before renewal date of account. Upon submitting the
cancellation request account access will be disabled. If for any reason
after submitting cancellation access is enabled a $50.00 fee will be
applied.
Account cancellations should be process via e-mail to: sales@bludot.net
6. Disk And Bandwidth Overages
All BLUDOT
accounts come with specified disk space and bandwidth. If you wish to
Upgrade your Web Space or bandwidth it is possible through our
Add-Ons. Contact our sales department for more information. sales@bludot.net
7. Intellectual
Property Rights
Material accessible to you through BLUDOT's
services may be subject to protection under the United States or
other copyright laws, or laws protecting trademarks, trade secrets or
proprietary information. Except when expressly permitted by the owner
of such rights, you must not use BLUDOT or its servers and network in
a manner that would infringe, violate, dilute or misappropriate any
such rights, with respect to any material, which you access or
receive through the BLUDOT network. If you use a domain name in
connection with BLUDOT or similar service, you must not use that
domain name in violation of any trademark, service mark, or similar
rights of any third party.
8. Network Security
Customers
may not use the BLUDOT 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 the
customer, logging into a server or account the customer is
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. Customers 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. BLUDOT
will cooperate fully with investigations of 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.
9. Backups
BLUDOT
performs constant mirrioring of critical system files for emergency
purposes. Subscribers should not rely on BLUDOT to perform site/data
backups for them. Subscribers are responsible for backing up their own
data. MySQL data dumps can be easily performed by the Subscriber via the
included phpMyAdmin utility. Subscribers are advised to backup all of
their own files to their local drives. BLUDOT shall not be liable for any
loss of data.
10. Lawful Purpose
Customers may only use BLUDOT server for lawful
purpose. Transmission of any material in violation of any Federal,
State or Local regulation is prohibited. This includes, but is not
limited to copyrighted material, material legally judged to be
threatening or obscene, and material protected by trade secrets. The
designation of any materials as such described above is left entirely
to the discretion of BLUDOT management.
11. Limitation of
Liability
BLUDOT AND ITS PARTNERS, AFFILIATES AND CONTRACTORS
WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS), REGARDLESS OF
THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR
OTHERWISE, EVEN IF BLUDOT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. WE EXPLICITLY DISCLAIM ANY AND ALL LOSS OR LIABILITY RESULTING
FROM, BUT NOT LIMITED TO:
- SUSPENSION, LOSS, OR MODIFICATION OF
YOUR DOMAIN REGISTRATION;
- USE OR MISUSE OF YOUR DOMAIN NAME
REGISTRATION;
- INTERRUPTION OF YOUR BUSINESS, WEB SITE, EMAIL, OR
OTHER SERVICES;
- ACCESS DELAYS OR INTERRUPTIONS TO THIS WEB SITE OR
ANY WEB SITES ACCESSED BY YOUR REGISTERED DOMAIN NAMES;
- NON-DELIVERY,
MIS-DELIVERY, CORRUPTION, DESTRUCTION, OR MODIFICATION OF DATA;
- USE
OR MISUSE OF YOUR USER NAME OR PASSWORD;
- FAILURE TO ACQUIRE OR
RE-ACQUIRE A DOMAIN NAME;
- ERRORS, OMISSIONS, OR MISSTATEMETNS IN ANY
AND ALL INFORMATION OR SERVICES PROVIDED UNDER THIS AGREEMENT;
- EVENTS
BEYOND THE REASONABLE CONTROL OF BLUDOT, INCLUDING WITHOUT LIMITATION
FAILURE OF ELECTRICAL OR TELECOMMUNICATIONS SERVICES; or
- APPLICATION
OF ANY RELEVANT DISPUTE POLICY OR ANY OTHER ICANN (OR SIMILAR GOVERNMENTAL
OR SUCCESSOR ORGANIZATION) ADOPTED POLICIES.
Customer
agrees that no BLUDOT Personnel, under any circumstances, shall be held
responsible or liable for situations where the Services are accessed by
third parties through illegal or illicit means, including situations where
such data is accessed through the exploitation of security gaps,
weaknesses or flaws (whether known or unknown to BLUDOT at the time) which
may exist in the Services or BLUDOT's equipment used to provide the
Services.
Under no circumstances, including negligence, shall any
BLUDOT Person be liable for any indirect, incidental, special,
consequential or punitive damages, or loss of profits, revenue, data or
use by Customer, any of its customers, any Reseller Customer or any other
third party, whether in an action in contract or tort or strict liability
or other legal theory, even if BLUDOT has been advised of the possibility
of such damages. No BLUDOT Person shall be liable to Customer, any of its
customers, any Reseller Customer or any other third party, for any loss or
damages that result or are alleged to have resulted from the use of or
inability to use the Services, or that results from mistakes, omissions,
interruptions, deletion of files, loss of data, errors, viruses, defects,
delays in operations, or transmission or any failure of performance,
whether or not limited to acts of God, communications failure, theft,
destruction or unauthorized access to BLUDOT's records, programs,
equipment or services.
Customer acknowledges that the
service provided is of such a nature that service can be interrupted for
many reasons other than the negligence of the company and that damages
resulting from any interruption of service are difficult to ascertain.
Therefore, Customer agrees that the company shall not be liable for any
damages arising from such causes beyond the direct and exclusive control
of the company. Client further acknowledges that the company's liability
for its own negligence may not in any event exceed an amount equivalent to
charges payable by Client for services during the period damages occurred.
In no event shall the company be liable for any special or consequential
damages, loss or injury.
Notwithstanding
anything to the contrary in this Agreement, BLUDOT's maximum liability
under this Agreement for all damages, losses, costs and causes of actions
from any and all claims (whether in contract, tort, including negligence,
quasi-contract, statutory or otherwise) shall not exceed the actual dollar
amount paid by Customer for the Services which gave rise to such damages,
losses and causes of actions during the 12-month period prior to the date
the damage or loss occurred or the cause of action arose.
Customer
understands, acknowledges and agrees that if BLUDOT takes any corrective
action under this Agreement because of an action of Customer or one if its
customer, that corrective action may adversely affect other customers of
Customer or other Reseller Customers, and Customer agrees that BLUDOT
shall have no liability to Customer, any of its customers due to such
corrective action by BLUDOT.
This limitation of liability reflects
an informed, voluntary allocation between the parties of the risks (known
and unknown) that may exist in connection with this Agreement. The terms
of this section shall survive any termination of this
Agreement.
Note: BLUDOT has the authority to discontinue or suspend
your account whenever necessary according to its internal or external
policies.
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