TERMS OF SERVICE & USE AGREEMENT

WEBHOSTIT.COM is a division of BLUEINKIT.COM

The following polices are enforced in order to maintain healthy servers and a worry free hosting environment for all users. These policies are strictly enforced and all users agree to and become bound by these policies upon submitting an application for an account on our servers.

In the event that any user disagrees with the policies as set forth, the user must terminate their account and cease all activity on WEBHOSTIT.COM / BLUEINKIT.COM servers.

All policies are enforced. In the event that WEBHOSTIT.COM / BLUEINKIT.COM does not act upon any violation at first knowledge of such violations, does not constitute our consent, and WEBHOSTIT.COM / BLUEINKIT.COM reserves the right to, at any time, act upon and take necessary steps to cease such activity at our discretion.

Age. All users must be 18+ years of age to obtain and/or utilize our service.

Technical Support & Communicating With WEBHOSTIT.COM / BLUEINKIT.COM:

Technical Support, Billing Issues, Account Inquiries, and all other communications between WEBHOSTIT.COM / BLUEINKIT.COM and Clients are handled through the Account Management Area that corresponds to the client:

Hosting Client Account and Domain Registration Management
Non Hosting Client Domain Registration Management.

All users are required to utilize these areas to communicate with WEBHOSTIT.COM / BLUEINKIT.COM. These areas have various forms pertaining to different issues, when in doubt regarding which form to use for your particular request, users should always submit the Technical Support Request Form.

UNACCEPTABLE ACTIVITIES:

These include spamming (sending unsolicited advertising to those with which the customer has no existing business relationship, posting off-topic advertising in newsgroups); spoofing (using a return email address which is not the valid reply address of the sender or sending an email message which does not contain enough information to enable the recipient to identify the party who is really sending the message; passive spamming (promoting a web site hosted by WEBHOSTIT.COM / BLUEINKIT.COM by spamming from some other source), trolling (posting controversial messages in newsgroups to generate responses), mailbombing (inundating a user with email without any serious intent to correspond), generating a higher volume of outgoing mail than a normal user (20% or more of available system resources), and subscribing someone else to an electronic mailing list without that person's permission. A message is considered unsolicited if it is posted in violation of a newsgroup charter or sent to a recipient who has not requested the message. Making an email address available to the public does not constitute a request to receive messages. Distribution of mass emailing programs is also prohibited. All recipients on a mailing list must have personally subscribed. Mailing lists may not be used to distribute unsolicited email. Any customer repeatedly "mailbombed" or that attracts such behavior will be asked to leave. If you are not sure if your actions will be in violation, please ask first by submitting the support request form located in the Account Management Area.

Any user found to be in violation of our spamming Policy as stated above, will be immediately terminated from our server without any prior notice or immediately suspended depending on the extent of, and necessary investigation of, any complaints received.

Spam Relaying:

Any account that uploads/contains any script that would allow spam to be relayed through our servers is in violation of these Policy's. Users cgi-bins containing such scripts will be disabled to prevent further relaying and a notice will be sent to the user providing them with 24 hours to remove the offending script(s) from their account. If said scripts are not removed within the 24 hour allowance or future complaints are received against the account in question after script removal, the offending account will be permanently terminated from our servers without further notice or access.

Abuse of the legal rights of others:

Examples of unacceptable activities in this regard include posting private information about a person without their consent, infringing intellectual property rights, defaming a person or business, and knowingly making available code which will have a deleterious effect on third party computers. WEBHOSTIT.COM / BLUEINKIT.COM supports free speech on the Internet, and will not suspend or cancel a customer’s account simply because it disagrees with the views expressed by the customer. Where there are allegations that a customer’s on-line activity has violated the legal rights of a third party, WEBHOSTIT.COM / BLUEINKIT.COM will not substitute itself for a court of law in deciding tort claims raised by the third party.

Abuse of the law:

WEBHOSTIT.COM / BLUEINKIT.COM services may be used for lawful purposes only. Illegality includes but is not limited to: drug dealing; attempting without authorization to access a computer system; pirating (distributing copyrighted material in violation of copyright law, specifically MP3s, MPEG's, ROMs, and ROM emulators); gambling; schemes to defraud; trafficking in obscene material; sending a message or having content that is obscene, lewd, lascivious, filthy, or indecent with intent to annoy, abuse, threaten, or harass another person; threatening bodily harm or damage to individuals or groups; violating U.S. export restrictions; stalking; or violating other state or federal law such as the Electronic Communications Privacy Act, the Computer Fraud and Abuse Act, or the Economic Espionage Act. Linking to illegal material is also prohibited. WEBHOSTIT.COM / BLUEINKIT.COM reserves the right to check system files, email, and other data on our servers for illegal content and materials, or for any other reasons deemed necessary.

Pornography:

Pornography and sex-related merchandising, or links to such material, even if legal, is not an acceptable use of WEBHOSTIT.COM / BLUEINKIT.COM servers.

Abuse of WEBHOSTIT.COM / BLUEINKIT.COM's Server Resources and Disk Space:

Running programs in the background on a WEBHOSTIT.COM / BLUEINKIT.COM server without WEBHOSTIT.COM / BLUEINKIT.COM prior written authorization, or running chat rooms, Internet Relay Chat, IRC bots, and the like are not acceptable uses of WEBHOSTIT.COM / BLUEINKIT.COM servers and violator's will be deleted from servers without prior notice.

WEBHOSTIT.COM / BLUEINKIT.COM provides a shared hosting environment. Any activity that places a strain on any server, also places undo strain on others sharing the server. Any account consuming twenty percent (20%) or more of our system resources is an undue burden on our system and other users and is unacceptable. If your usage ever exceeds twenty percent (20%) of system resources you will be terminated without prior notice.

Hacking/Cracking:

WEBHOSTIT.COM / BLUEINKIT.COM reserves the right to report illegal activities to any and all regulatory, administrative, and/or governmental authorities for prosecution.

TRAFFIC USAGE RESTRICTIONS:

Each account plan comes with a pre-determined amount of bandwidth allowance. We monitor all usage of the domains residing on our servers. Sites that exceed or are reaching their allotted allowance will be contacted immediately to resolve the problem. Accounts exceeding their bandwidth allowance are required to pay a maximum of $5.00 per gig of traffic for each gig of traffic that exceeds their allotted amount. Following is a list of sites that will often require more than what is allotted for each account plan: Multiple domains residing at a single IP address, domains with archives or galleries, (i.e. .gif, .jpg, .exe, .zip, .tar, etc.), domain accounts offering download files, running cgi scripts. (Note: This is only a sample list of sites that may consume more traffic than is what allowed them.)

OTHER BEHAVIOR:

The following examples of unacceptable behavior are non-exclusive, and are provided for guidance purposes. If you are unsure if your actions will be a violation of our policies please ask first by submitting the support request form located in the Account Management Area.

Server broadcast messages or any message sent on an intrusive basis to any directly or indirectly attached network Attempt to circumvent any user authentication or security of host, network, or account. Accessing data not intended for user. Probing the security of any network. Spawning dozens of processes. Port scans, ping floods, packet spoofing, forging router information, Denial of Service attacks, sniffers, flooding, spoofing, ping bombing, smurfs, winnuke, land, teardrop. Promulgation of viruses. IRC bots such as eggdrop or BitchX. Any activity, whether or not the intrusion results in the corruption or loss of data, will be investigated and proper action taken. The presence of any of these programs, whether or not run, will result in action against the user including suspension or termination.

SYSTEM RESOURCES:

If at any time your site extensively exceeds more than 20% of our systems resources in one day, your account will be deactivated immediately without notice and you will have to contact us for reactivation.

CLIENT RESPONSIBILITY:

The client is responsible for all activity originating from the account unless proven to be a victim of outside hacking or address forgery. The client is responsible for securing their username/password. Use of WEBHOSTIT.COM / BLUEINKIT.COM's service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of the web space by the client. The following examples are offered: Web Publishing: requires knowledge of HTML, properly locating and linking documents, FTPing Web contents, Graphics, text, sound, image mapping, etc. Front Page web publishing: knowledge of the Front Page tools as well as Telnet and FTP understanding and capability. CGI-Scripts: requires a knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, CShell scripts, permissions, etc. Mail: a use of mail clients to receive and send mail, etc. The client agrees that he or she has the necessary knowledge to create and maintain their web space. Client agrees that it is not the responsibility of WEBHOSTIT.COM / BLUEINKIT.COM to provide this knowledge or support outside matter specific to WEBHOSTIT.COM / BLUEINKIT.COM's servers.

BACKUPS:

Backups are made nightly. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. We STRONGLY recommend that you perform your own backups of your site. Server backups are made for server restoration purposes only. It is the clients responsibility to maintain local copies of their web content and any other information that is stored on your domain account. If loss of data occurs due to an error of WEBHOSTIT.COM / BLUEINKIT.COM, WEBHOSTIT.COM / BLUEINKIT.COM will attempt to recover the data for no charge to the client. If data loss occurs due to negligence of client in securing their account or by an action of the client, WEBHOSTIT.COM / BLUEINKIT.COM will attempt to recover the data from the most recent archive for a $10.00 fee. Although we attempt to recover backups, we must stress to you, we can not guarantee the quality of or the lack of any results. All users have the ability to back up their entire account by utilizing the feature inside their control panels, we recommend that backups be performed after any changes to users sites.

IP ADDRESSES:

WEBHOSTIT.COM / BLUEINKIT.COM maintains control and any ownership of any and all IP numbers and addresses that may be assigned to the client and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses.

WEBSITE DESIGN SERVICES:

All website design services are explained and provided on our website. WEBHOSTIT.COM/BLUEINKIT.COM only provides design by pre-designed templates allowing client to see and select their design prior to purchase. The template the client chooses represents the final overall design of clients website.

All potential design clients have the option to signup for a 20 day free trial. This allowing the potential client to test all features and functionality of our design services prior to signing up.

Once work commences for any purchased design package, design fees become non-refundable.

The purchase of a website design package requires user to accept our design policies at the time of form submission as well as signing and faxing in the design contract specific to their purchase and requirements. Failure to fax in the required contract does constitute a refund if any work has commenced.

WEBSITE TEMPLATE PURCHASES:

Website templates are purchased for single site use only and may not be used on any domain other than the one it was purchased and installed in. Website template fees are non-refundable.

Purchase of any website template requires the user have all required software as well as full knowledge of such software as listed with each template.

For indepth terms of use for website template purchases please visit Website Template Terms of Use

BILLING POLICIES:

The billing name that will appear on all credit card and banking statements will be BLUEINKIT.COM.

Billing for all services is due at the beginning of each billing period.

WEBHOSTIT.COM / BLUEINKIT.COM does not make full or partial funds for monthly or annual paid accounts. Account . A All clients are setup on recurring billing and fees are due at the beginning of each billing period. Billing is processed on Sunday's and Wednesday's of each week at 3:00 AM EST. If client's billing date, as provided in their initial welcome email, falls on a Monday, Tuesday, or Wednesday, billing will occur that Sunday. If client's billing date falls on Thursday, Friday, Saturday, or Sunday, billing will occur that Wednesday.

Invoices / Statements / Billing Receipts: A receipt is automatically dispursed to the email address on file for each users account after billing runs. WEBHOSTIT.COM / BLUEINKIT.COM does not submit monthly invoices or statements for any accounts.

Account Cancellations: Account cancellations must be submitted 24 hours prior to billing date. WEBHOSTIT.COM / BLUEINKIT.COM does not refund full or partial fees.

Auto Renewal: Auto renewals must be cancelled 24 hours prior to billing date. Once billing has processed WEBHOSTIT.COM / BLUEINKIT.COM does not refund full or partial fees.

Domain Registration: New Registrations or Registration Renewals WEBHOSTIT.COM / BLUEINKIT.COM does not refund any fees paid for domain registrations or domain registration renewals. Additionally, there is a 6 month waiting period after a domain name has been registered or renewed before such domain name can be transferred to a new registrar.

Refunds: Once payment has processed for monthly or annual fees, WEBHOSTIT.COM / BLUEINKIT.COM does not refund full or partial fees.

Unpaid Accounts: In the event that a users credit card is declined for their fees we will email the client and provide them 48 hours to update the billing method so that fees due can be collected. In the event that new billing information is not provided within time given, the account in question will be suspended until payment is made. Any account suspended will be deleted from our servers after 15 days.

Chargebacks / Reversal of Fees: In the event that any client performs chargeback(s) / reversal of fees for services rendered, the account in question will be suspended immediately, without notice to client. An email will be sent to the client requesting fees be paid along with a $35.00 administrative handling fee. All communications with client, including account activation request, support requests, and all other correspondence between WEBHOSTIT.COM / BLUEINKIT.COM and client are maintained in the event of any dispute. Any account suspended will be deleted from our servers after 15 days.

Returned Checks: Upon receipt of a returned check, the account in question will be immediately suspended. An email will be sent to the client, providing them with 48 hours to pay the check amount, plus a $35.00 return check fee. In the event that the fees are not paid, the check will be turned over to a collection agency for collection. After a 3rd check is returned for any one client, payment by check privileges will be revoked for said client and all future payments must be made by Credit Card. Any account suspended will be deleted from our servers after 15 days.

MONEY BACK GUARANTEE:

Money Back Guarantee applies to first time clients only. First time clients are considered those that do not currently have a hosting account with WEBHOSTIT.COM / BLUEINKIT.COM and have not had a hosting account with WEBHOSTIT.COM / BLUEINKIT.COM in the past 6 months.

Regular Hosting Clients - Month to Month paying clients: Should you become unsatisfied with our services within the first 30 days of your account activation, WEBHOSTIT.COM / BLUEINKIT.COM will refund your hosting fee.

Annual Paying Clients - Clients paying their accounts for a year in advance ARE NOT ELIGIBLE for refunds on their accounts. We ask that all clients try us for 30 days before paying for a year.

OTHER REFUNDS

After the initial 30 day Money Back Guarantee period, no refunds, in full or for partial months will be issued for any account. Account cancellations must be received 24 hours prior to account billing date.

Website Design and Website Template Refunds - WEBHOSTIT.COM / BLUEINKIT.COM does not refund design fees once work has commenced. WEBHOSTIT.COM / BLUEINKIT.COM provides samples of all templates on our website which allows clients to select their design and the overall design is how their new website will appear as well as a free 20 day trial to test the functionality. Design work commences upon our receipt of design order request from client at which time fees are non refundable. Template fees are non refundable. Upon our receipt of clients template order request, the template is automatically purchased from our template design contractor at which time we can receive no refund, making template fees non refundable. Clients purchasing templates understand that they must have and be efficient in the use of software required in order to edit template.

Domain Registrations - WEBHOSTIT.COM / BLUEINKIT.COM does not refund fees which you have paid to register any domain name(s).

LIMITATION OF LIABILITY:

WEBHOSTIT.COM / BLUEINKIT.COM shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from WEBHOSTIT.COM / BLUEINKIT.COM's servers going off-line or being unavailable for any reason whatsoever. Further, WEBHOSTIT.COM / BLUEINKIT.COM shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of WEBHOSTIT.COM / BLUEINKIT.COMs servers. All damages shall be limited to the immediate termination of service.

WEBHOSTIT.COM / BLUEINKIT.COM shall be the sole arbiter of what is and is not a violation of these acceptable use policies. WEBHOSTIT.COM / BLUEINKIT.COM reserves the right to terminate an account at any time and for any reason that causes harm to any WEBHOSTIT.COM / BLUEINKIT.COM customer's web sites. WEBHOSTIT.COM / BLUEINKIT.COM reserves the right to delete all content and files upon termination. WEBHOSTIT.COM / BLUEINKIT.COM reserves the right to withhold any pre-paid funds for any site removed for violations of these policies. WEBHOSTIT.COM / BLUEINKIT.COM reserves the right to refuse, cancel, or suspend service at our sole discretion.

WEBHOSTIT.COM / BLUEINKIT.COM reserves the right to change these Policies without prior notice or warning. Non-enforcement of any part of these Policies does not constitute consent.

Clients should review these Policies annually for changes and additions.

Violations of these Policies should be referred to legal.admin@webhostit.com.

All complaints will be investigated promptly.

Indemnification: You agree to indemnify, defend and hold harmless WEBHOSTIT.COM / BLUEINKIT.COM, its directors, officers, employees and agents from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or relating to your registration. This indemnification obligation will survive the termination or expiration of this Agreement.

Governing Law: Except as otherwise set forth in the Dispute Policy with respect to disputes, this Agreement, your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of the United States of America and the State of North Carolina as if the Agreement was a contract wholly entered into and wholly performed within the State of North Carolina, Except as otherwise set forth in the Dispute Policy with respect to disputes, any action to enforce this Agreement or any matter relating to your use of BLUEINKIT.COM services shall be brought exclusively in the United States District Court for the State of North Carolina.

10. Limitation of liability: YOU AGREE THAT WEBHOSTIT.COM / BLUEINKIT.COM WILL NOT BE LIABLE FOR ANY (1) SUSPENSION OR LOSS OF THE DOMAIN NAME REGISTRATION IN YOUR NAME, (2) USE OF YOUR DOMAIN NAME REGISTRATION, (3) INTERRUPTION OF BUSINESS, (4) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO OUR SITE OR THE WEB SITE(S) OR SERVICES YOU ACCESS BY THE DOMAIN NAME REGISTERED IN YOUR NAME; (5) LOSS OR LIABILITY RESULTING FROM ACTS OF GOD (6) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (7) EVENTS BEYOND WEBHOSTIT.COM / BLUEINKIT.COM'S CONTROL; (8) THE PROCESSING OF THIS APPLICATION; (9) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD; OR (10) APPLICATION OF THE DISPUTE POLICY. WEBHOSTIT.COM / BLUEINKIT.COM ALSO WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, 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 WEBHOSTIT.COM / BLUEINKIT.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL WEBHOSTIT.COM / BLUEINKIT.COM MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR REGISTRATION OF THE DOMAIN NAME, BUT IN NO EVENT GREATER THAN ONE HUNDRED DOLLARS ($100.00). BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.