Terms of Service

Terms of Service

Our Hosting Terms of Service is an important document because it reflect the care for our clients and the consideration we expect our clients to show for one another. In a multi-hosted server environment the actions of one client have the potential to adversely affect others. Therefore we have designed the following guidelines to ensure that our services remain of the utmost quality.


You may consider this document to be the rules and regulations of using our hosting services. Please read them carefully and ensure that you understand and agree to all parts as our services are subject to these terms. Your use of Blue Dolphin Network's hosting services implies your agreement with these terms.



Questions?

If you have any questions regarding this document, please contact Blue Dolphin Networks (info@bluedolphinnetworks.com) prior to signing up for a plan.



End User Agreement

Customers may not sublease, sub host, or give away control of any portion of their web space and/or resources (including, but not limited to, e-mail accounts, space, ftp accounts, etc.), unless otherwise stated in writing.



Content

All services provided by Blue Dolphin Networks may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless Blue Dolphin Networks from any claims resulting from the use of the service which damages the subscriber or any other party.


Note: Pornography and sex-related merchandising are prohibited on any Blue Dolphin Networks server. This includes sites that may imply sexual content, or Link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to Blue Dolphin Network servers or any other server on the internet. Links to such materials are also prohibited.


Examples of non-acceptable content or links:

  • Pirated software
  • Bulk Email related products
  • Pornography/Nudity/Adult Content
  • Hacking/cracking related websites
  • Warez and/or copyrighted software, music or video
  • Illegal material or material that is against public policy

Sites containing or linking to material that may be considered detrimental to the public health, safety, or welfare. (Such as, but not limited to: Anarchists Cookbook, bomb making, weapon information, or anything else that may be considered detrimental or illegal.) Blue Dolphin Networks will be the sole arbiter as to what constitutes a violation of this provision, and reserves the right to deactivate and remove any site at any time for this reason without refund!



Copyright Violations

Blue Dolphin Networks will respond to all reports of infringement that are formatted in accordance with the Digital Millennium Copyright Act and any other applicable copyright laws. We will act in accordance with the DMCA when handling infringement reports.



System Resource Usage

If Blue Dolphin Networks determines that a customer's account is utilizing an unacceptable amount of system resources, we may temporarily deactivate the account in question. If we deem it necessary, an eviction notice may be sent to the customer of an offending account providing them with ten (10) days in which to locate a new provider. This only occurs in extreme cases. Blue Dolphin Networks will be the sole arbiter as to what constitutes a violation of this provision. Because of the nature of this provision, each account will be considered and analyzed individually.



Backups

Blue Dolphin Networks hosting accounts include a nightly backup service but these backups are for internal administrative purposes only, and are in NO WAY GUARANTEED! Customers are responsible for maintaining their own backups on their own personal computers. Blue Dolphin Networks does not provide any sort of compensation for lost or incomplete data in the event that backups do not function properly, even if the malfunction was due to negligence on Blue Dolphin Networks's part. We will do our best to ensure complete and accurate backups, but assume no responsibility for this duty. Always back your site up to your personal computer! We make no guarantees about the availability of backups.



Cron Jobs

We do allow Cron Jobs to be conducted on our servers. You can setup and manage the cron jobs for your account from the "Cron" section of NetAdmin.



IRC (Internet Relay Chat)

We do not allow IRC or IRC bots to be operated on our servers. Any account found to be in violation of this provision will be immediately suspended and/or deactivated and no refund will be issued.



Unsolicited Email (SPAM)

SPAMing, or the sending of unsolicited email, from a Blue Dolphin Networks server or using a return email address that is maintained on a Blue Dolphin Networks server is STRICTLY prohibited. Using SPAM to advertise a site hosted on Blue Dolphin Networks' network also constitutes as a violation of this provision. Blue Dolphin Networks will be the sole arbiter as to what constitutes a violation of this provision. Sites found to be in violation of our SPAM policies will be immediately deactivated and no refund will be issued.


Help us STOP SPAM! Please contact us immediately to report a violation of our SPAM policies. Don't delete the message - we will want to examine it.



Server Abuse

Any attempts to undermine or cause harm to a Blue Dolphin Networks' server or customer of Blue Dolphin Networks is strictly prohibited. Blue Dolphin Networks will be the sole arbiter as to what constitutes a violation of this provision. Customers found in violation of this provision will be subject to account deactivation without refund. Blue Dolphin Networks will turn all available information about abuse incidents, including customer contact data, over to the proper authorities and press charges.



Failure to Follow Policies

Failure to fully comply with these terms is grounds for account suspension and/or deactivation (with or without refund at Blue Dolphin Networks discretion). Any accounts and/or servers contained within Blue Dolphin Networks' network must adhere to the above policies.


We reserve the right to remove any account without prior notice. If we deactivate your account for violating policy, you will forfeit your rights to a refund--and none will be given. No refunds for advanced payment. Our normal policy is a warning first, and account deactivation the second offense, but no warning is required.


Blue Dolphin Networks reserves the right to deactivate and remove any site hosted on our servers that contains any content that it deems in its sole discretion to be unacceptable, undesirable or contraindicated.


Blue Dolphin Networks, Inc.

PO Box 700, Waimanalo, HI 96795

info@bluedolphinnetworks.com

PDF icon to click for download Terms of Service

Click the PDF icon to download the "Standard Terms and Conditions".