bluetech hosting Terms of Service (TOS)

Our Terms of Service have been written in order to protect our clients and ourselves to ensure we deliver a stable, reliable product and quality network. We ask that you read our policies so that you can assist us in keeping our servers and network free of abuse, which will ensure quality performance for everyone.
When you sign up for any of our services, you are agreeing to our terms of service. Although we will do our best to work with our customers in the event of a breech of policy, we will also take a firm line when necessary to protect our other customers and network.

Clients of blueTech Hosting, including but not limited to Virtual Account Clients, Resellers, Dedicated Server Clients, and Domain Registration Clients, are required to agree and conform to the following terms of service (TOS) and acceptable use policies. Violations of these policies may result in loss of service and/or other disciplinary action.

Our TOS includes the following categories. You can click on each individual area to be taken to the individual categories to progress through the complete TOS:

1. TERMS OF SERVICES

1.1.  This Services Agreement
1.2.  Network Uptime (for all accounts)
1.3.  30 days money back guarantee (for all accounts)
1.4.  Cancellation initiated by customers (for all accounts)
1.5.  Technical Support (for all accounts)

2. BILLING

2.1.  Recurring Billing (for all accounts)
2.2.  Domain Names
2.3.  Taxes
2.4.  Account Deactivations

3. REFUSAL OF SERVICE:
4. Disclaimer of Warranty
5. LIMITATION OF LIABILITY
6. NOTICE:

1. TERMS OF SERVICES

1.1. This Services Agreement (the "Agreement") contains the complete terms and conditions which govern your subscription of Web hosting, Dedicated Servers, e-commerce, Domain Registrations, Colocation and other Internet-related services provided by blueTech Hosting (the "Services"). As used in this Agreement, "blueTech hosting" means blueTech Hosting and "Client", "you", or "your" means you. By clicking on the "Submit Order" button, you acknowledge that you have read the Agreement, and you agree to its terms and conditions and all policies posted on the blueTech Hosting. As referred to in this Agreement, "Site" refers to a World Wide Web site and "blueTech Hosting Site" refers to the Site located at the URL http://www.bluetechhosting.com , http://www.bluetechhosting.com.au or any other successor Sites owned or maintained by blueTech Hosting In addition to the following, the Acceptable Use Policies provide more detailed information regarding what is acceptable use of our products and services.

1.2. Network Uptime (for all accounts)

BlueTech Hosting strives to maintain a 99.9% network and server uptime service level as a general rule excluding scheduled maintenance and internet wide vulnerabilities (things like linux slapper, sql sapphire and others that have taken large parts of the internet down due to thing far beyond the control of blueTech), although we average 99.98% uptime. Some clients may have different uptime agreements based on their packages. In the event the network uptime guarantee is not met blueTech Hosting will refund 5% of the clients monthly package amount for every 2 hours of downtime after the guarantee is not met, up to and not to exceed the full monthly amount. Network is considered unreachable if there is 100% packet lost between blueTech and its backbone providers. blueTech cannot provide any guarantees beyond its backbone providers.

Downtime is measured starting 10 minutes past notification of network failure via our network monitoring system or our help desk ticketing system, or by telephoning blueTec in the event that helpdesk system is not reachable. End of the downtime is when there is no longer 100% packet loss between blueTech Hosting and its backbone providers. Customer is responsible to notify billing@bluetechhosting.com within 7 days of the incident if customer believes they are entitled to a claim. blueTech Hosting provides to you. "Partial refunds for partial downtime" is our standard policy. In extreme circumstances, blueTech may distribute full month credits, but this is dealt with on a case by case basis.

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, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of blueTech Hosting. Subscriber further acknowledges that the company's liability for its own negligence may not in any event ever exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.

1.3. 30 days money back guarantee (for all accounts)

All domain registration, SSL and dedicated server plans do not include 30 days money back guarantee. BlueTech hosting offers 30 days money back guarantee. If you are not completely satisfied within the first 30 days, your monthly rental will be refunded. 30 days money back guarantee does not apply to spammers (unsolicited emailers legal or not), adult sites, or server abusers. Any account on blueTech hosting network servers that is caught spamming (sending any unsolicited email legal or not), violating any of blueTech hosting policies, or abusing the server in any way will automatically forfeit the right to any refunds of any monies including the money back guarantee. Annual pre-payments receive a discount and forfeit their right to the money back guarantee.

1.4. Cancellation initiated by customers (for all accounts)

Customers must notify blueTech in writing via opening a support request when they wish to cancel their accounts and must include in that request the date they wish to cancel. Cancellation must be initiated at least 30 days before the cancellation date but not more then 60 days before the cancellation date requested (after the first month of service). Customer is responsible for and must pay in full all fees during the 30 days including any monthly recurring fees. BlueTech hosting will not pro-rate any charges. Notification to blueTech Hosting of the transfer of the customers domain name from internic or associated organization to another hosting provider does not constitute a cancellation as these are often forged without the customers knowledge. Email is not acceptable for the written notice of cancellation to blueTech Hosting as email and its sources may be forged.

1.5. Technical Support (for all accounts)

Technical Support is available 24/7/365 from our website under the support center (see our homepage). Priority is given to the all types of support request including phone support however for the phone support hours will by vary, but are usually 9am to 4pm, and for emergency 24 hours a day. For web hosting accounts, tech support covers connecting to the server, setup, email, path, uploading files issues and more but does dot included troubleshooting and editing your programming scripts or other scripts or databases. BlueTech Hosting has programming script experts on hand to assist you if needed at $30/hour. For dedicated hosting accounts, tech support is limited to initial setup or minor technical support, and thereafter only network related issues - the dedicated account holder must be or have someone be the system administrator for their computer. BlueTech Hosting can support and administrate your computer but that service is not included in the price of the dedicated server. For information on what it would cost to have blueTech Hosting the system administrator on your dedicated server, email us sales@bluetechhosting.com

Note: In actual practice, and as time permits, we do assist in technical support beyond what is stated above and we even offer one-on-one personalized training.

2. BILLING

Term (length) of service (for all accounts) All hosting packages are month to month billing with the minimum being 1 month. blueTech Hosting does not pro-rate monthly billing fees. blueTech does not require any long-term contracts for any of its services.

2.1. Recurring Billing (for all accounts)

We DO NOT send out invoices. All credit cards are billed automatically monthly. It is the clients responsibility to ensure that they have sufficient credit to cover this transaction. In the event that credit card is failing to bill, as a courtesy we will send an email notification at which point we will need to be provided with another credit card within 24 hours. If we do not receive a response within 24 hours the account will be deactivated and any accounts under that account plan.

2.2.  Domain Names

If Client chooses to register a domain name(s) through blueTech Hosting, Client acknowledges and agrees that Client will pay a registration fee(s) to register the domain name(s) with the applicable domain name registrar. BlueTech does not offer refunds for domain name registrations for any reason, including misspelling of the domain name.

2.3. Taxes

Customer will be responsible for and will pay in full, any taxes and similar fees now in force or enacted in the future imposed on the transaction and/or the delivery of Services.

2.4.  Account Deactivations

Any account deactivated due to non-payment will be deactivated and we require a reactivation fee of $50.00 to be paid prior to reactivating the account.
**Please note: Domain Name Registration fees WILL NOT be refunded.**

3. REFUSAL OF SERVICE:

blueTech Hosting reserves the right to refuse, cancel, or suspend service at our sole discretion without any refunds.

4. Disclaimer of Warranty

THE SERVICES, THE blueTech Hosting SITE, INCLUDING WITHOUT LIMITATION, ALL PRODUCTS AND SERVICES DISPLAYED OR OFFERED ON THE blueTech Hosting SITE, AND ALL TEXT, GRAPHICS, LINKS AND APPLICATIONS ARE PROVIDED TO CLIENT ON AN 'AS IS' BASIS AND WITHOUT WARRANTY OF ANY KIND. BlueTech Hosting DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO EACH OF THE FOREGOING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, blueTech Hosting SPECIFICALLY DISCLAIMS ANY WARRANTY THAT (1)THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (2) DEFECTS WILL BE CORRECTED; (3) THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS; AND (4) THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT.

5. LIMITATION OF LIABILITY

BlueTech Hosting shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from blueTech servers going off-line or being unavailable for any reason whatsoever. We daily maintain backup of your website if it is offered in your hosting plan. Considering the fact that backup files may get corrupted or lost or get damaged due to any unknown reason, we recommend you to maintain a local backup copy of your website. Furthermore, blueTech Hosting shall not be responsible for any claimed damages, including incidental or consequential damages of your backup files, lost websites, lost databases - resulting from the corruption or deletion of any web site from one of blueTech Hosting servers. All damages shall be limited to the immediate termination of service.

6. NOTICE:

blueTech Hosting retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification. We also retain the right to change any pricing, and make changes to our account plans without notification, however change in pricing will not affect your existing order. Continued usage of the Services after a change to this Agreement by blueTech Hosting or after a new policy is implemented and posted on the blueTech Hosting Site constitutes your acceptance of such change or policy. We encourage you to regularly check the blueTech Hosting Site for any changes or additions.