1. These Shared Hosting Terms and Conditions are supplemental to the Bluebit Ltd Terms and Conditions and govern your use of shared hosting services.
2. Description of Services
Shared Hosting Services plans give you a streamlined and optimised experience to build and manage your website without the headache or expense of running your own server. We handle the basic hosting administrative tasks, such as: installing WordPress, WooCommerce, Opencart or Typo3, automated daily backups, server-level caching, firewall protection and limitation, virus and malware scanning and detection, intrusion detection and server optimisation.
3. Account termination; limitations
a. Migration of Servers: You acknowledge and agree that as a normal course of business, it may be necessary for us to migrate our servers. As a result, even if you have a dedicated IP, you may be assigned a different IP number. We do not warrant that you will be able to consistently maintain your given IP numbers.
b. Termination of Shared Hosting Services: You acknowledge and agree that upon expiration or termination of your Shared Hosting Services, you must discontinue use of the Shared Hosting Services and relinquish use of the IP addresses and server names assigned to you in connection with Shared Hosting Services, including pointing the domain name system (“DNS”) for your domain name(s) away from our servers. Prior to termination of the Shared Hosting Services, you are responsible for moving your website, mailbox or server content off our servers. We will not transfer or FTP your website, mailbox or server content to another provider. If you fail to move your website, mailbox or server content off our servers prior to cancellation, we will delete all such content and we will not be able to provide a copy of such content.
c. Free Products Credits: Upon termination of the Shared Hosting Services, all free products provided as part of the Shared Hosting Services will only be cancelled on your request.
d. Storage and Security. You shall be solely responsible for undertaking measures to: (1) prevent any loss or damage to your website or server content; and (2) ensure the security, confidentiality and integrity of all your website or server content transmitted through or stored on our servers.
Our servers are not an archive and we shall have no liability to you or any other person for loss, damage or destruction of any of your content. The Shared Hosting Services are not intended to provide a PCI (Payment Card Industry) or HIPAA (Health Insurance Portability and Accountability Act) compliant environment and therefore should not be used or considered as one. You shall not use the Shared Hosting Service in any way, in our sole discretion, that shall impair the functioning or operation of our services or equipment. Specifically by way of example and not as a limitation, you shall not use the Shared Hosting Services as: (1) a repository or instrument for placing or storing archived files; and/or (2) placing or storing material that can be downloaded through other websites. You acknowledge and agree that we have the right to carry out a forensic examination in the event of a compromise to your server or account.
e. Website/Server Content. You shall be solely responsible for providing, updating, uploading and maintaining your website or server and any and all files, pages, data, works, information and/or materials on, within, displayed, linked or transmitted to, from or through your website or server including, but not limited to, trade or service marks, images, photographs, illustrations, graphics, audio clips, video clips, email or other messages, meta tags, domain names, software and text. You acknowledge and agree that in the course of providing you with technical assistance, it may be necessary for our support staff to modify, alter or remove the content of your hosted product. Your website or server content shall also include any registered domain names provided by you or registered on behalf of you in connection with the Shared Hosting Services.
If access to a third-party hosting website is required in the provision of any Service, you represent and warrant that you are authorized to provide us with access to the third-party hosting account for the purposes of this Service Agreement. You agree that you retain sole contractual and any other legal or fiduciary responsibilities related to your third-party hosting account.
If you request that we install any Third Party Software (defined below) not provided as part of the Shared Hosting Services, you represent and warrant that (1) you have the right to use and install the Third Party Software, (2) you have paid the applicable licensing fees for the Third Party Software, and (3) the Third Party Software does not and shall not infringe on the intellectual property rights of any other person or entity.
f. If you wish to terminate your Shared Hosting Services, we require no less than 30 days notice in writing either by post or by email to [email protected]. Please note that the cancellation of your Direct Debit mandate, bank Standing Order or a credit/debit card subscription does not constitute confirmation of account termination and you will be required to pay all invoices raised until we receive formal written cancellation.
4. Storage and Plan Limits
All Shared Hosting Services plans are limited to no more than 1,000 tables per database and no more than one gigabyte of storage per database. Any account or database that exceeds these limits may be issued a network violation warning and will be required to reduce the number of inodes, files and folders, tables or gigabytes (as the case may be), or may be temporarily or permanently suspended, in our sole discretion.
Shared Hosting Services may only be used to host one website. Only a single installation of any software such as WordPress, Opencart, Typo3 is allowed per website. Any hosting account found to be hosting more than one website may be issued a network violation warning and will be required to remove the additional website(s), or may be temporarily or permanently suspended, in our sole discretion. Additionally, you may be required to purchase an appropriate hosting plan in order to host the other site(s) should you wish to continue hosting the other site(s) on our network.
You acknowledge and agree that inbound UDP is not supported in shared hosting environments.
5. Website/Server Content
Your website may not include any of the following content: (1) image hosting scripts that allow an anonymous user to upload an image for display on another website (similar to Photobucket or Tinypic); (2) banner ad services for display on other websites or devices (commercial banner ad rotation); (3) file dump/mirror scripts that allow an anonymous user to upload a file for other to download (similar to rapidshare); (4) commercial audio streaming (more than one or two streams); (5) push button mail scripts that allow the user to specify recipient email addresses; (6) anonymous or bulk SMS gateways; (7) backups of content from another computer or website; (8) Bittorrent trackers; or (9) any script that causes a degradation in the performance of our server or network environment.
6. Unlimited Disk Space/Bandwidth/Website Plans
Shared Hosting Services plans are designed to host most personal, small business and organization websites, and thus we offer unlimited bandwidth and some plans offer unlimited disk space and websites. This means that we do not set a limit on the amount of bandwidth, websites or disk space you may use in the operation of your website, provided it complies with this Shared Hosting Terms and Conditions. In the event the bandwidth, number of websites or disk space usage of your website presents a risk to the stability, performance or uptime of our servers, data storage, networking or other infrastructure, you may be required to upgrade to a V-Server or Dedicated Server, or we may take action to restrict the resources your website is utilizing.
7. Hosting Migrations
If you have your domain name registered with us and the web hosting associated with the domain is provided by a third-party, we may, at your request and in our sole discretion, attempt to assist you to move the web hosting for the domain name to us (“Hosting Migration”). Hosting Migrations are provided as a courtesy service, and we do not make any guarantee regarding the availability, possibility, or time required to complete a Hosting Migration. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make us unable to assist you in the transfer of data from a third-party host.
You are solely responsible for reviewing the functionality and accuracy of migrated content in its new location following a Hosting Migration. If you are satisfied with the data migration, you will need to update the DNS record for the domain name in order to publish the website in its new location. We will not perform website backups or archives in connection with a Hosting Migration, and we recommend that you back up your third-party hosted website before migration to ensure that no data is lost. You agree not to make any changes or revisions to your website during the migration process.
You agree that we are not liable for any delay in website resolution or loss of data related to your Hosting Migration. Hosting Migrations are not available for websites with over 10GB of data or more than 100,000 files.
8. SERVICE LEVEL AGREEMENT
Our Service Level Agreement applies to Shared Hosting Services.
9. THIRD PARTY SOFTWARE
a. Definition and Scope. As part of the Shared Hosting Services, you may be allowed to use certain software, widgets, or other applications (“Software”) developed, owned, or licensed by a third party. Your use of this Software may be subject to additional terms. If the Software is accompanied by or requires a license agreement from the third-party provider, your use of the Software is subject to that license agreement, in addition to this Service Agreement.
b. Terms and Conditions Applicable to all Software and Operating Software. You may use the Software and Operating Software solely as part of the Services. You may not remove, modify, or obscure any copyright, trademark, or other proprietary rights notices that are contained in or on the Software. Additionally, you may not sell, modify, re-use reverse-engineer, decompile, disassemble, reverse compile, create derivative works of or attempt to derive the source code from the Software.
Bluebit Ltd may provide your personal information to third-party providers as required to provide the third-party Software. Bluebit Ltd reserves the right to modify, change, or discontinue provision of the Software at any time.
Bluebit Ltd makes no representations or warranties about any third-party Software offered in connection with the Shared Hosting Services, and expressly disclaims any liability.
You will indemnify, defend, and hold harmless Bluebit Ltd from and against any and all claims imposed upon or incurred by Bluebit Ltd directly or indirectly arising from your use or misuse of the third-party Software. The providers of the third-party Software are third-party beneficiaries to this Services Agreement for purposes of enforcing their rights under this Services Agreement.
We reserve the right to modify, change, or discontinue any Third-Party Software at any time, and you agree to cooperate in performing such steps as may be necessary to install any updates to the Third-Party Software. The Third-Party Software is neither sold nor distributed to you, and you may use the Third-Party Software solely as part of the Shared Hosting Services. You may not use the Third-Party Software outside of the Shared Hosting Services. We may provide your personal information to third-party providers as required to provide the Third-Party Software. You acknowledge and agree that your use of the Third-Party Software is subject to our agreement(s) with the third-party providers. In addition, if the Third-Party Software is accompanied by or requires consent to a service or license agreement from the third-party provider, your use of the Third-Party Software is subject to such service or license agreement. You may not download, install, or use any Third-Party Software that is accompanied by or requires consent to a service or license agreement from a third-party provider unless you first agree to the terms and conditions of such service or license agreement. You may not remove, modify, or obscure any copyright, trademark, or other proprietary rights notices that are contained in or on the Third-Party Software. You may not reverse engineer, decompile, or disassemble the Third-Party Software, except and only to the extent that such activity is expressly permitted by applicable law. You acknowledge and agree that the third-party providers (and their affiliates and suppliers) make no representations or warranties about any Third-Party Software offered in connection with the Shared Hosting Services, and expressly disclaim any liability or damages (whether direct, indirect, or consequential) arising from the use of the Third-Party Software. You acknowledge and agree that any Third-Party Software will be supported by us and not by the third-party providers (or their affiliates or suppliers).
Additional Terms and Conditions Applicable to images and Software. The third-party providers listed in this section make no representations or warranties about any Software offered in connection with the Shared Hosting Services, and expressly disclaim any liability or damages (whether direct, indirect, or consequential) arising from the use of the Software.
You are responsible for managing and maintaining in good standing any paid subscription and/or account required with a third-party provider. You must cancel or terminate your paid subscription and/or account with the applicable third-party provider and not Bluebit Ltd
10. Conflict
In the event of any conflict between these Terms and Conditions, the General Terms and Conditions and any other terms and conditions, these Terms and Conditions shall prevail.