All the legal stuff.
Blue Mountains Websites provides hosting services. Since these hosting services use resources that are shared by many users, the benefits of using the service must be balanced with certain obligations and responsibilities to ensure that all users can have a productive experience.
By using these services, you agree to be bound by the terms and conditions; you agree to indemnify and hold harmless Blue Mountains Websites from any loss, liability, claim, damage and expense arising from or related to your content or use of any services provided by Blue Mountains Websites. If you are not satisfied with these terms and conditions then you must discontinue use of our hosting services.
Blue Mountains Websites may revise these terms and conditions from time to time by posting a new version of this document on our website. Each account is bound by the version of this document that was active as of the date of the initial order or, if the account has been renewed, the version that was active as of the date of the latest renewal, even if the renewal was automated. By renewing or agreeing to have your account renewed, you affirm your acceptance of these terms.
You accept legal responsibility for use of the account, are at least 18 years of age or (if younger) have your parent’s or legal guardian’s permission before using our services.
The hosting services must not be used for unlawful purposes. Any use of these services which violates any local, state, federal or international laws applicable to Blue Mountains Websites, your jurisdiction, or any jurisdiction that your site is subject to is strictly prohibited.
Blue Mountains Websites provides generic web hosting services, other than the information available on our web site, we do not provide advice in regards to the suitability of our products to individual customers, it is entirely your responsibility to decide if our products are fit for purpose.
No advice or information, whether oral or written, obtained by you from Blue Mountains Websites, its employees or associates or through their respective websites shall create any warranty not expressly stated in these terms and conditions.
Blue Mountains Websites does not tolerate SPAM. If you use spam, unsolicited emails or message board posting, or any other similar method to promote your site, then your access to our services may be immediately suspended or in the case of repeat offenders, terminated.
Blue Mountains Websites reserves the right to take action, including legal or suspension of or termination of a service, against a customer who interferes with the rights of another user online, or attempts to interfere with the smooth running of the internet or Blue Mountains Websites’s services. We reserve the right to discontinue any account or service where usage of the account or service is deemed to be an abuse, and we will charge the customer for costs incurred by us as a result of any such abuse.
You are responsible for any misuse of our services, even for example, if the misuse was committed by a friend, family member, guest, employee or customer with access to your account or website. You are also responsible for any such misuse regardless of whether it was with or without your consent. Therefore, you must take steps to ensure that others do not gain unauthorised access to your account or website.
Blue Mountains Websites reserves the right to refuse new orders or renewals to anyone at our sole discretion without prior notice.
You accept legal responsibility for taking backups of your data. Blue Mountains Websites or our reseller hosting provider Site5 will not manually take backups of your data at any point of the duration of your contract.
Due to the nature of the service we provide, it is not possible to guarantee, and therefore we do not warrant that the service will be provided free of interruption or free from intrusion or hacking by external parties.
You understand that no intellectual property rights are assigned to you in the use of a service provided by Blue Mountains Websites unless otherwise specifically contracted.
Likewise none of your intellectual property rights are assigned to Blue Mountains Websites via the use of a service provided by Blue Mountains Websites unless otherwise specifically contracted.
Blue Mountains Websites hosting services are intended to be used for conventional web sites, you shall not use your hosting account as a repository, archive or storage area for files and/or material that is not specifically used by and accessible through the web site associated with your account.
By signing up to a Blue Mountains Websites hosting account you agree to be charged twenty two dollars per month for a minimum of a twelve month period. You agree to have these funds automatically debited from your nominated PayPal account or credit card on the 15th of each month. You understand and agree that the charge covers the total cost of the service for the month proceeding the month in which it has been paid. You understand and agree that cancelling the service before the twelve month period is complete may incur a penalty which is calculated as a percentage of the costs remaining on that twelve month period. You understand and accept that Blue Mountains Websites will not charge for this hosting service on a yearly basis.
You understand that the hosting service we provide is a ‘shared hosting’ service, and as such, your account will be deemed to be using excess resources, if it uses more the following daily usage of any resource of the server it is on. As a guide, the following are clear examples of excess usage – MySQL databases larger then 50MB in size, Accounts that contain data in excess of 5,000 megabytes.
You understand that the email services provided with your hosting account are not to be used as a long-term archive. You must download all email collected by your account to your own computer as it arrives, you must not keep emails on our servers for more than 60 days.