SERVICES OVERVIEW
Blast Off Hosting is designed to serve the web hosting needs of small, independently owned and operated businesses in a single country. It is not appropriate to use our services to support large enterprises or internationally based businesses with a sustained demand that places undue burden on our systems or negatively impacts use by small, independently owned and operated businesses.
Blast Off Hosting is a shared web hosting service, which means that a number of customers web sites and other services are hosted from the same server. Blast Off Hosting uses abuse controls to help ensure that use of our services does not adversely affect the performance of our system or other customers sites. It is not appropriate to use an account primarily as an online storage space or for archiving electronic files.
Disk Space
If you use your services consistently with the Terms of Service below, your site can grow as large as necessary to meet your small business needs, but to ensure a great experience for all, we will place some constraints on how fast you can grow. The vast majority of our customers sites grow at rates well within our rules, but our abuse controls may cause a brief delay while we evaluate if expansion is appropriate.
Data Transfer
In most cases, if you use our services consistently with the Terms of Service below, visitors to your website will be able to download and view as much content from your site as they like. However, in certain circumstances, our server processing power, server memory, or abuse controls could limit downloads from your site. You can also upload as much as content as you like each month, subject only to the Terms of Service and the rules that control how fast your site can grow (see above).
Email Storage
You do not have to worry about hitting a storage limit if you use our services consistently with the Terms of Service below. Blast Off Hosting will increase your space coinciding with your appropriate small business needs, but our abuse controls may impact the rate of growth or your folder size, and there may be a short delay while we assess your usage.
ACCEPTABLE USE POLICY & TERMS OF SERVICE
The following is the entire Acceptable User Policy (AUP) agreement between Blast Off Hosting and the personal or corporate account holder (YOU/YOUR Customer). Blast Off Hosting provides World Wide Web Hosting, Marketing, and Development services. Blast Off Hosting has certain legal and ethical responsibilities consisting with the use of its servers and equipment involved in these services. The general policy of Blast Off Hosting is to act as a provider of Internet presence. Blast Off Hosting reserves the rights to suspend or cancel a customer’s access to any or all services provided by Blast Off Hosting when we decide that the account has been inappropriately used according to our policies or the terms and conditions shown below.
Server Abuse
Any attempt to undermine or cause harm to a server or customer of Blast Off Hosting is strictly prohibited. Blast Off Hosting 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 Blast Off Hosting, 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 – Blast Off Hosting 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, 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 Blast Off Hosting 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; 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.
Storage Space Abuse
Blast Off Hosting will not tolerate any form of storage space abuse. Websites that are found to contain few or no HTML documents or a large number of unlinked files are subject to files deletion or account cancelation at the discretion of Blast Off Hosting Management (MANAGEMENT), with or without prior notice. YOUR disk space will go unthrottled until YOU reach the amount allocated to YOUR specific web hosting plan (PLAN). Thereafter, normal website data storage costs $0.20/1MB/month will be billed to YOUR account. If you want to pre-pay for disk space overages, you will be billed $0.10/1MB/month. YOU will have 3 days to pay for your overages. Failure to do so will result in YOUR website being disabled within 3 days of YOUR first notice. Blast Off Hosting will be the sole arbiter as to what constitutes a violation of this provision.
Bandwidth Abuse
The intention of Blast Off Hosting 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. Web traffic will continue unthrottled until YOU reach the amount of quota allocated to YOUR specific PLAN. Thereafter, normal data transfer cost of $10.00/1GB/month will be billed to YOUR account. If YOU want to pre-pay for bandwidth overages, YOU will be billed $5.00/1GB/month. YOU will have 3 days to pay for your overages. Failure to do so will result in YOUR website being disabled within 3 days of YOUR first notice. Blast Off Hosting will be the sole arbiter as to what constitutes a violation of this provision.
Unsolicited Email & Spamming
Unsolicited commercial advertisements (SPAM) are not allowed in e-mail, and will likely result in account cancelation. Blast Off Hosting takes a zero-tolerance approach to SPAM originating from its servers or for spam advertising of domains hosted within our network. If found, we will charge YOU up to $25 per unsolicited email message sent and delete YOUR account with any prior notice. The following activities are not allowed:
NOTE – If YOU use the services of another provider to promote a website hosted by or through Blast Off Hosting (spamvertising), then the provisions of the above policy shall apply as if the SPAM were sent through our servers.
99.9% Uptime Guarantee
SHARED HOSTING CREDITS – In the event that YOUR website is unavailable for less than 99.9%, Blast Off Hosting will credit the following months 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 100% of the monthly service charge for the affected month.
Monthly Uptime Credit:
In order for YOU to receive a credit on YOUR account, YOU must request such credit within seven (7) days after YOU experienced the downtime. You must request credit by sending an email message to billing@blastoffhosting.com. For security, the body of this message must contain YOUR account number, the dates and times of the unavailability of YOUR website, and such other customer identification requested by Blast Off Hosting. Credits will usually be applied within fourteen (14) days of YOUR credit request. Credit to YOUR account shall be YOUR sole and exclusive remedy in the event of an outage.
Technical Support Boundaries
Blast Off Hosting 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.
However, in under no circumstances is Blast Off Hosting neither 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 will only provide assistance in making sure any one-click applications that are installed through the cPanel control panel interface are installed as directed.
CGI Scripts
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.
Chat Rooms
We do not allow YOU to install YOUR own chat rooms within a shared hosting account, without approving it with Blast Off Hosting. This includes, but not limited to, chat applications written in PHP, Perl, CGI, Python, Ruby, etc. Any web application that provides real-time chat is also not permitted. Most chat rooms tend to be large system hogs and we cannot allow it as an account option. However, web based forums such as vBulletin, phpBB or similar forum scripts are acceptable.
Unlicensed Or Illegal Files
Should we discover any unlicensed and/or illegal files within YOUR account, the files will be subjected to deletion without any further notifications. YOU are advised to have YOUR own file backup locally or elsewhere other than within the Blast Off Hosting servers. If YOU are found to not adhere to this Policy, the offending material(s) will be deleted from YOUR hosting account without any prior notice.
SMTP Mail Server Abuse
We do not allow YOU to send more than 350 pieces of e-mail per hour from a shared hosting account. If YOU violate Blast Off Hosting policies persistently in email activities, YOUR account will be suspended and deleted.
Background Running Programs
We may allow programs to run continually in the background. These are considered on a one-to-one basis and an extra charge will be incurred based on system resources used and operational maintenance needed.
IRC (Internet Relay Chat)
We currently do not allow IRC or IRC bots to be operated on our servers. IRC servers are not permitted on our network. The installation and/or execution of an script and/or binary that runs in the background or listens to any given port are also strictly prohibited.
Payment Policies
All accounts are set up on a pre-pay basis. Setup fees are applicable for major account changes after the initial setup and are non-refundable. All pricing is guaranteed for the term of prepayment. Blast Off Hosting 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. YOU are responsible for all fees owed on the account from the time it was established to the time that YOU notifies Blast Off Hosting to request for termination of services. All payment is in U.S. currency.
Blast Off Hosting will bill each client $20 per returned check, per wire transfer received and per credit card chargeback received. All Blast Off Hosting accounts are setup on anniversary billing cycles. YOUR particular billing cycle corresponds to the contract length that was initially chosen at setup. YOUR account will automatically renew at this length. There is no fee to change to a shorter billing cycle at the end of the current cycle. However, if you wish to change to a shorter billing cycle during a current cycle, there will be a $20.00 fee. Please contact the billing department at billing@blastoffhosting.com should you wish to change your anniversary billing cycle.
Cancelation of Service
Blast Off Hosting reserves the right to cancel a service at any time. All fees paid in advance of cancellation will be pro-rated and paid by Blast Off Hosting if we institutes our right of cancelation. Any violation of policies which results in extra costs is billed to YOU (i.e. transfer, space etc.). All of Blast Off Hosting PLANS are backed by a 60-day money back guarantee. If YOU are not completely satisfied with our services or support within the first 60 days of YOUR contract, YOU will be given a full refund of the contract amount excluding domain registration fees and overage fees. If YOU cancel, the full contract amount less any domain registration fees and overages will be refunded if Blast Off Hosting is notified within the first 60 days following activation. For credit card payment, refunds will be made to a PayPal account made available by the Customer. All account cancellations must be done via our cancelation form at YOUR hosting account control panel or by contacting Blast Off Hosting support via email at support@blastoffhosting.com.
Promotional Rates and Special Offers
Blast Off Hosting may offer subsequent promotional rates or special offers, the terms of which may or may not be more favourable than the terms and conditions for YOUR Services. Any such promotions or modifications shall not affect 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.
Intellectual Property Rights
Material accessible to you through Blast Off Hosting 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 Blast Off Hosting 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 Blast Off Hosting network. If YOU use a domain name in connection with Blast Off Hosting or similar service, YOU must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.
Network Security
Customers may not use the Blast Off Hosting 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 authorised 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. Blast Off Hosting 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.
Electronic Commerce
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:
Static and Dynamic Content Caching
YOU expressly grant to Blast Off Hosting a license to cache the entirety of YOUR website, including content supplied by third parties, hosted by Blast Off Hosting 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
Blast Off Hosting shall maintain and control ownership of all IP numbers and addresses that may be assigned to YOU by Blast Off Hosting. Blast Off Hosting 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 Blast Off Hosting prior to the effectiveness of the desired domain name registration, the then-current amount set forth in the Blast Off Hosting 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.
Blast Off Hosting 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 Blast Off Hosting 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 Blast Off Hosting) 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 Blast Off Hosting 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.
Blast Off Hosting will reinstate YOUR domain name registration solely at the discretion of Blast Off Hosting, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee. In a domain registrar transfer to Blast Off Hosting, YOU agree to pay Blast Off Hosting prior to the effectiveness of the desired domain name transfer request, the then-current amount set forth in the Blast Off Hosting 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:
Blast Off Hosting 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 Blast Off Hosting 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 Blast Off Hosting) 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 Blast Off Hosting 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.
Blast Off Hosting will reinstate YOUR domain name registration solely at the discretion of Blast Off Hosting, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee. In a domain registrar transfer away from Blast Off Hosting, Blast Off Hosting reserves all rights, without limitation, to reject the domain name transfer request for the following reasons, but not limited to:
YOU agree and acknowledge that the failure or success of a domain name transfer will be YOUR sole responsibility, and Blast Off Hosting will not be held liable for the failure of a domain name transfer for any reason.
Lawful Purpose
Blast Off Hosting reserves the right to refuse service to anyone. YOU may only use Blast Off Hosting 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 authorisation, 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 Blast Off Hosting management. If illegal content or usage is found, the account will be suspended and/or terminated. YOU agree that Blast Off Hosting 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 Salt Lake County, Utah, and any dispute will be litigated or arbitrated in Salt Lake County, Utah. 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 Blast Off Hosting MAXIMUM LIABILITY EXCEED FIVE HUNDRED ($500.00) DOLLARS.
Indemnification
YOU agree to defend, indemnify, save and hold Blast Off Hosting harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys fees asserted against Blast Off Hosting, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by you, your agents, employees or assigns. YOU agree to defend, indemnify and hold harmless Blast Off Hosting against liabilities arising out of:
Disclaimer
Blast Off Hosting will not be responsible for any damages your business may suffer. Blast Off Hosting makes no warranties of any kind, expressed or implied for services we provide. Blast Off Hosting disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries,wrong delivery, and any and all service interruptions caused by Blast Off Hosting and its employees. Blast Off Hosting reserves the right to revise its policies at any time. Failure to follow any term or condition will be grounds for immediate account cancelation.
Privacy Statement
Blast Off Hosting follows the strict guidelines of our customer privacy policy. Please make sure you understand this statement fully.
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