Blue Digital. These Terms and Conditions of Service (hereinafter "Terms and Conditions") are applicable to your access of the Blue Digital Web Site, and to your use of the services offered through the Blue DigitalWeb Site. By using any of the services or products provided or serviced by Blue Digital , either directly or through a reseller, you acknowledge that you have read, understood, and agree to be bound by our Terms and Conditions. The present Terms and Conditions are effective as of August 25, 2010 and apply to all users.


1. Terms and Conditions You must read and accept the present Terms and Conditions, Privacy Policy and Acceptable Use Policy and other policies applicable to other services, found at before you can use the Blue DigitalWeb Site or any Blue Digital services. By accessing and continuing to use the Blue Digital Web Site, you confirm your agreement to be subject to the Terms and Conditions. If you do not agree to these Terms and Conditions, please do not access or use the Blue Digital Web Site. Blue Digital may need to modify these Terms and Conditions from time to time, to adapt to changing technologies, laws and/or regulations. Blue Digital may choose to provide the Client with a prior written notice if the changes significantly impact the Client's services, but Blue Digital will do this solely at its own discretion and is in no way obligated to provide notice. Any changes to the Terms and Conditions shall enter into force within thirty (30) days of their publication on the Blue Digital Web Site. 1.1. Eligibility Criteria of Blue Digital Services The services offered through the Blue Digital Web Site are available only to persons who have the legal capacity to contract, among others, without limiting the generality of the foregoing, our services are available only to persons aged 18 and over. If you are under the age of 18, you can use the Blue Digital Web Site only with the permission and under the supervision of your parents or legal guardian. Blue Digital also reserves the right to restrict the use of the Site to members who have been temporarily or permanently suspended. If your registration is made on behalf of a corporation, you certify that you are a duly authorized representative of that corporation. 2. Account Creation, Maintenance, Modification and Cancellation 2.1. Account Creation You can create an account by filling in the form provided on the Blue Digital web site. Fees associated with our services can also be found on our web site. 2.2. Accurate Information You agree to maintain accurate information by providing updates to Blue Digital , as needed, while you are using Blue Digital services. You agree you will notify Blue Digitalwithin ten (10) business days when the information you provided as part of the application and/or registration process changes. You agree that Blue Digital may use and rely on any such information provided by you for all purposes in connection with your services, subject to Blue Digital ’s Privacy Policy ( Should you provide any information that is inaccurate, misleading or incomplete, or if Blue Digital has reasonable grounds to suspect that your information is inaccurate, misleading or incomplete, Blue Digitalhas the right, in its sole discretion, to terminate its services and close your account. 2.3. Account Maintenance and Security You agree to use your account solely for lawful purposes and agree that you are fully responsible for all content and data on your account. You agree that you are fully responsible for maintaining the confidentiality of your customer number and login information, password, credit card number (collectively the “Account Access Information”). You agree that you are entirely responsible for any and all activities that occur under your account. You agree to notify Blue Digital immediately of any unauthorized use of your account or of any other breach of security. You agree Blue Digital will not be liable for any loss that you may incur as a result of someone else using your Account Access Information, either with or without your knowledge. You also agree that you could be held liable for losses incurred by Blue Digitalor another party due to someone else using your Account Access Information. Blue Digital advises you keep your Account Access information in a secure location and take precautions to prevent others from gaining access and/or using your Account Access Information. You may not, under any circumstance, compromise the security of your account or of the Blue Digital infrastructure in any way. While Blue Digital has several measures in place to increase the availability and reliability of the data stored on its servers, you agree to maintain your own backup copies of all data stored on our servers and not to hold Blue Digital liable for any errors or interruption of services, whether within or outside of Blue Digital 's reasonable control. 2.4. Responsibility for Content You agree that you are solely responsible for the content stored on and served by your hosting accounts. You further agree that you are responsible for all activity in your account, whether initiated by you, by others on your behalf, or by any other means. Blue Digital disclaims liability for any activity in your account, whether authorized by you or not. For details on unauthorized activities, please consult our Acceptable Use Policy, available here: 2.5. Account Suspension and Cancellation Any service contract is automatically renewed at the end of each payment period. You may cancel your account and prevent an automatic renewal by requesting a formal cancellation through the Client Area on our Web Site at least 10 days prior to your service's expiry date. The cancellation request must include all the necessary details to allow a Blue Digital agent to properly identify the account in question, including your full domain name and hosting account type. You agree to comply with all the present Terms of Services and understand that Blue Digital may need to suspend or terminate without prior notice any accounts that do not comply with these Terms and Services in order to maintain a safe and secure environment for our clients. 2.5. Backups Blue Digital performs regular courtesy backups of data stored on most shared hosting accounts. Backups are offered as a courtesy service and are not guaranteed. Under no circumstance will Blue Digital be held responsible for any loss resulting for incomplete or incorrect backups. The Client is solely responsible for making regular and complete backups on their own computers of all data stored on Blue Digital servers. Accounts using more than 10 Gigabytes of disk space or using more than 100,000 inodes will have their backup service automatically disabled in order to maintain system performance. On these accounts, courtesy backups may be reactivating by freeing up additional disk space and then contacting our Customer Service team. 3. Privacy Policy Blue Digitalis committed to your privacy, and does not sell, trade or give out your personal information unless required as part of your service contract or by law. For our complete privacy policy, please consult 4. Acceptable Use Policy In a shared web hosting environment, several clients must share server resources. As such, it is important not to use your hosting account in any way that may negatively affect other Blue Digital clients. Our Acceptable Use Policy (hereinafter "AUP") describes what is and what is not allowed on our servers, and is available at 5. ID Protect Service If purchased in conjunction with certain types of domain names, the ID Protect service is intended to shield the customer's personal information from the public domain name information database, called the « WHOIS » database, by replacing the customer's information with the confidentiality services information. The ID Protect service cannot prevent information from being published by third parties, nor does it remove any public « WHOIS » information that may have been saved and published by other parties prior to the purchase and activation of the ID Protect service. The ID Protect service is not available for all domain types (TLDs). The ID Protect service is non-refundable and is not covered by our money-back satisfaction guarantee. The Client must maintain accurate contact information in their private Blue Digital profile at all times, as stipulated by ICANN rules and regulations. 6. SSL Certificates SSL Certificates can only be installed on hosting accounts having their own dedicated IP address. If a dedicated IP address was not purchased prior to, or at the same time as, the SSL certificate, you will be unable to install and activate your SSL certificate on your hosting account until you have purchased and received confirmation of activation of a dedicated IP address. Following an SSL purchase, a Blue Digital technician will request a certificate and (depending on the certificate) and attempt to complete its installation on your account within 72 hours. Your Web Site may experience several hours of downtime during the SSL installation process. Unless otherwise requested prior to the installation, an SSL certificate will be installed and will work exclusively with the address, where will be your domain name on which the SSL certificate installation was requested. A maximum of one (1) SSL certificate can be installed per hosting account and per IP address. SSL Certificates are non-transferable, non-refundable and are not covered by our money-back satisfaction guarantee. 7. Dedicated IP Address All dedicated IP addresses assigned to you must be maintained by you in a manner that confirms to the norms and regulations set forth by ARIN (, and must be used at 80% within 30 days of being assigned. At the outset, unless otherwise noted, you will be assigned a shared IP address. Afterward, if justified, you may obtain one (1) dedicated IP address per hosting account, at additional cost. The only two valid justifications for a dedicated IP address according to ARIN are (1) to install an SSL certificate or (2) to configure an anonymous FTP server. Blue Digital reserves the right to evaluate the pertinence of any dedicated IP address request, and deny such requests if they do not comply with ARIN regulations. Blue Digital retains at all times full control and rights to the IP addresses assigned to you, and reserves the right to modify or remove assigned addresses with prior notice. A dedicated IP address change may incur an unavailability of your web site lasting up to 24 hours, due to DNS propagation. 8. Site Transfers Blue Digital will make every effort to help you move your site to us within 48 hours of your order. However, transfers are provided as a courtesy service, and Blue Digital can not make guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is different, and some hosting platforms save data in an incompatible or proprietary format, which may make it difficult if not impossible to migrate some or all account data. We will try our best, but in some cases we may be unable to assist you in a transfer of data from an old host. The site transfer service request must contain complete access details to your old account, in writing, via our online helpdesk, and must include all necessary login information to allow our technicians to connect to your previous hosting account. Requests placed after the initial 7-day period are subject to standard Webmaster Help service rates. 9. Reselling You may, through the purchase of specific Reseller hosting services, resell to your customers the use of Blue Digital 's hosting environment, as described on the Reseller Hosting service page. You must ensure and enforce that all your customers that use any of our servers or services abide by our Terms and Conditions. You agree to defend, indemnify and hold harmless Blue Digital , its officers, directors and employees, from any and all liabilities, costs and expenses, including reasonable legal fees, related to or arising from any act or omission of any such the customer that would be a breach of these Terms and Conditions if committed by you. 10. Search Engine Listing Blue Digital is not directly associated with any search engines and is not responsible for the ranking of your web site in search results. However, Blue Digital does offer certain Web Marketing services that may assist you in obtaining favorable search engine rankings with specific search engines, using specific keywords. Blue Digital cannot guarantee specific results beyond what is described or guaranteed on the Blue Digital Web Site. 11. Service Guarantees 11.1. Money-back guarantee Blue Digital is fully committed to your satisfaction and offers the following money-back guarantee: if you are not 100% satisfied for the service obtained within 30 days of your purchase, Blue Digital will refund your hosting costs. The money-back guarantee applies exclusively to shared web hosting and reseller hosting packages. Other services are not eligible for the money-back guarantee. Please see paragraph 18 of the present Terms and Conditions for details. 11.2. Guaranteed technical support in 48 hours or less Blue Digital guarantees fast and effective technical support to help you deal with any problems. We guarantee we will respond to questions sent to our support staff through a helpdesk support ticket within a maximum of 48 hours (although we normally reply much faster than that). This guarantee does not apply to incomplete support requests, requests that do not reach us (due to inappropriate use of the helpdesk support system), requests not directly linked to the services provided by us, or requests that have been responded to but require additional resolution time due to causes outside of our control. Response times may be longer during Canadian holidays and weekends. If a technical request is not answered within the aforementioned timeframe, you will be entitled to one 25% credit on your monthly hosting fees per incident, up to a maximum of 100% of your monthly hosting fees. This credit will be applicable on future hosting fees. 11.3. 99.9% Guaranteed Server Availability Blue Digital understands the importance of having a continuously available web site and guarantees a server availability (or "uptime") of 99.9%, calculated monthly. Our servers are considered available if they respond to external HTTP and PING requests from at least two different external monitoring services. Any scheduled maintenance outage will not be taken into account when computing monthly uptime. Sporadic or localized outages due to Internet network conditions outside of our control will also not be taken into account when computing monthly uptime, nor will incorrect DNS or account manipulations by the Client, including programming errors or script errors. If unscheduled outages cause the server to be unavailable for more than 0.01% of the month (or 43 minutes), you will be eligible to a 5% credit on your monthly fees for every hour of unscheduled downtime, up to 100% of your monthly hosting fees. Credits are only available for hosting accounts and will be applicable on future purchases or renewals with Blue Digital following the reception of a written helpdesk request from the affected Client. 12. Renewals All active services will be billed to your payment method of choice 5 days prior to the service renewal due date. In the event that you do not wish to renew your services, you must send a written notice to Blue Digital at least 10 days prior to their service's renewal date in order to avoid being charged for the automatic renewal of your services. Renewal invoices are generated automatically for all active services a minimum of three weeks prior to your services’ expiry date and are sent by email as well as being made available to you in the Client Area. You must maintain an active email address on file with us at all times in order to receive important account information, including invoices and expiry notices. You may also access, review and pay your invoices securely online through your Client Area. All services not paid on their due date risk being suspended immediately, and may be terminated permanently shortly after, at Blue Digital 's sole discretion. Should you wish to reactivate your services after they have been suspended, a reactivation fee may apply. By making any purchase by credit card or by adding a valid credit card to your account, you authorize Blue Digital to automatically charge your credit card for any service renewals prior to the service's expiry date. You may deactivate these pre-authorized charges by sending a written cancellation request at least 5 days prior to the service's expiry date. 13. Refund Policy You can request a refund within the context of Blue Digital ’s money-back guarantee within 30 days of payment by sending a written request through the Blue Digital online helpdesk system. Refunds are only available for web hosting and reseller hosting products, for payments made by credit card or via Paypal. Refunds cannot be given for payments made by check, money order, wire transfer, Western Union, Money Gram, or Interac Email Payments. Pre-paid funds cannot be refunded after the initial money-back guarantee period. Refunds will be issued in a maximum of 30 days following the reception of the complete refund request. The following products and services are non-refundable: domain name registrations and renewals (including ID Protection services), dedicated servers (including associated control panel and Operating System licensing fees), SSL certificates (including installation and setup fees), Webmaster Help, Email Marketing and Web Marketing services. In the event that a non-hosting product or service was offered at a discounted rate with the purchase of a hosting product, the original full value of said product or service will be withheld from any refunded amount. Setup and installation fees are non-refundable. Billing errors can be credited for a maximum retroactive period of 2 months. In the unlikely event that a billing error comes to your attention, you are encouraged to contact Blue Digitalas quickly as possible to correct the error. 14. Chargebacks and Reversals In the event you issue a chargeback or reversal of charges you will be responsible for a $50.00 billing service fee. Bounced checks returned by Blue Digital 's banking institution due to insufficient funds will incur a penalty of $55.00. 15. Disclaimer and Limitation of Liability 15.1. SUBJECT TO THE WARRANTIES SPECIFICALLY PROVIDED IN THIS AGREEMENT, BLUE DIGITAL DOESN’T (i) MAKE ANY REPRESENTATION OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND, REGARDING THE SERVICES OR PRODUCTS PROVIDED OR SERVICED BY BLUE DIGITAL , EITHER DIRECTLY OR THROUGH A RESELLER, AND THE BLUE DIGITAL WEB SITE, ITS CONTENT AND THE SERVICES AND (ii) ASSUME ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF COMPLIANCE OR NON-INFRINGEMENT. FURTHERMORE, SUBJECT TO THE WARRANTIES SPECIFICALLY PROVIDED IN THIS AGREEMENT. WHEN USING OR WHEN SEEKING TO USE THE BLUE DIGITAL WEB SITE, THE USER EXPRESSLY AGREES THAT BLUE DIGITAL MAKES NO WARRANTY OR REPRESENTATIONS REGARDING THE SERVICES OR PRODUCTS PROVIDED OR SERVICED BY BLUE DIGITAL, EITHER DIRECTLY OR THROUGH A RESELLER AND THE BLUE DIGITAL WEB SITE’S CONTENT: (i) NO WARRANTY OR REPRESENTATION IS MADE WITH REGARD TO THE CONTENT OF THE BLUE DIGITAL WEB SITE AND WITH REGARD TO ITS UP-TO-DATENESS, ACCURACY OR COMPLETENESS; AND (ii) AS A SERVICE TO USERS OF THE BLUE DIGITAL WEB SITE, BLUE DIGITAL INCLUDES LINKS TO OTHER WEB SITES FOR WHICH BLUE DIGITAL HAS NO CONTROL. BLUE DIGITAL DOES NOT ENDORSE OR REPRESENT, IN ANY WAY WHATSOEVER, THE PRODUCTS, SERVICES, CONTENT OR ACCURACY OF THE CONTENT FOUND ON SUCH WEB SITES AND USERS IRREVOCABLY WAVE BY THE PRESENT AGREEMENT ANY CLAIM AGAINST BLUE DIGITAL IN CONNECTION WITH SUCH WEB SITES; AND (iii), BLUE DIGITAL MAKES NO WARRANTY THAT ITS SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. BLUE DIGITAL DOES NOT WARRANT, NOR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR RESULTS OF, ANY OF THE SERVICES IT PROVIDES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. 15.2. BLUE DIGITALWILL IN NO EVENT BE LIABLE REGARDING THE Blue DigitalWEB SITE OR ANY OTHER RELATED WEB SITE, WITH RESPECT TO ANY PARTY OR FOR ANY DAMAGE OR HARM ATTRIBUTABLE TO (INCLUDING AND WITHOUT LIMITATION) A BREACH OF CONTRACT, ERROR, OMISSION, OR FOR DAMAGE OR OTHER DAMAGES THEREFORE, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR SYSTEM OF INFORMATION MANAGEMENT, LOSS OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES AND THAT, EVEN IF Blue DigitalIS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. 15.3. ALTHOUGH BLUE DIGITAL ENDEAVOURS TO MAINTAIN THE ACCURACY OF THE INFORMATION, ERRORS CAN BE PRESENT. IN THE EVENT Blue DigitalNOTICES AN ERROR, IT WILL BE CORRECTED AS SOON AS POSSIBLE, AND THE CUSTOMERS CONCERNED WILL BE ADVISED ACCORDINGLY. 16. Entire Agreement This Agreement, related policies found at and any Service Orders signed by the parties constitute the entire agreement between the parties regarding the subject matter hereof and supersede all proposals and prior discussions and writings between the parties with respect thereto. EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, BLUE DIGITAL MAKES NO REPRESENTATION, WARRANTY OR CONDITION, EXPRESS OR IMPLIED, AND EXPRESSLY EXCLUDES ALL IMPLIED OR STATUTORY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR TITLE OR NON-INFRINGEMENT AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. In case of any dispute or inconsistency this main agreement, any attachments, and/or any Service Order, the Service Order will take first priority and these Terms and Conditions will take second priority in interpreting the parties' rights and obligations. 17. Force Majeure Blue Digital will make every effort to keep its web site and services operational. However, certain technical difficulties and other factors outside of its control may, from time to time, result in temporary service interruptions. You agree not to hold Blue Digitalliable for any of the consequences of such interruptions. 18. Trademarks and Copyrights The names Blue Digital, Blue Digital Web Hosting,,,, and Blue, as well as the logos associated with these names are trademarks owned by Blue Digital . Any use of these trademarks is strictly prohibited without the prior written consent of Blue Digital . In addition, all names and trademarks belonging to third parties and appearing on the Blue Digital Web Site are the property of their respective owners and may be used only with the consent of their respective owners. The Blue Digital Web Site, along with its contents, including text, images and the selection and arrangement of its data, are protected by copyright © 2010, Blue Digital ALL RIGHTS RESERVED. You can view and download the information contained on the Blue Digital Web Site for your personal use and not for commercial purposes. Any other use, modification or copying of the Site, in whole or in part, without Blue Digital ’s prior written consent is prohibited. 19. Questions and Concerns If you would like more information about Blue Digital ’s Terms and Conditions, please contact Blue Digital via our helpdesk. Please contact us with your questions and concerns and we will deploy our best efforts to assist you. 20 Complaints Complaints or policy violations must be reported to [email protected] 21. Severability Should any provision of these Terms and Conditions be contrary to law, void, enforceable or illegal for any reason, such provision shall be deemed severable from the Terms and Conditions and shall not affect the validity or the enforceability of the remaining provisions. Last Updated: August 28, 2015.

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