The Web Hosting Terms Of Service & Conditions Agreement ("Agreement") described on this website ("http://www.wildbluedata.com") below is effective the moment the Customer ("Customer") signs up for web hosting services and payment is received, or creates an account with Wildblue Data ("Wildblue").

This Agreement may change during period of services offered. If this Agreement changes, each Customer will be notified via e-mail of any changes for that Customer to review. If a Customer is violating this Agreement, they will be given a 24 hour period in which they will need to remove the material. If the material is not removed within the 24 hour period from notification, Client’s account may be suspended. Refunds may or may not be given.

Content

All services provided by Wildblue’s may be used for lawful purposes only.

The Customer agrees to indemnify and hold harmless WildblueData.com from any claim resulting from the use of our services.

Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of another’s copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe that your copyright or trademark is being infringed upon, please e-mail abuse@WildblueData.com with the information required.

Wildblue reserves the right to cancel, temporarily suspend or deny services to Customer at Wildblue discretion.

Wildblue reserves the right to deny web hosting to whoever it may think necessary, and at any time it may deem necessary.

content NOT allowed/prohibited on any of the Wildblue’s shared servers include, but are not limited to:

* Topsites
* Rapid Leech
* IRC Scripts/Bots
* Proxy Scripts/Anonymizers
* Pirated Software/Warez
* Image Hosting Scripts (similar to Photobucket or Tinypic)
* AutoSurf/PTC/PTS/PPC sites
* IP Scanners
* Bruteforce Programs/Scripts/Applications
* Mail Bombers/Spam Scripts
* Banner-Ad services (commercial banner ad rotation)
* File Dump/Mirror Scripts (similar to rapidshare)
* Commercial Audio Streaming (more than one or two streams)
* Escrow/Bank Debentures

30 Day Money-Back Guarantee

Wildblue Data offers a 30 day money-back guarantee to any Customer who signs up for shared web hosting. This gives Customer a chance to test out Wildblue’s services to see if they’re right for Customer. If Customer is not happy with Wildblue’s services in a 30 day period, Customer will receive a full refund.

Note: 30 day money-back guarantee does not apply for virtual private servers, or for dedicated servers also if a customer recieved a free domain name the domain fee will be deducted from the refund.

If you do not comply with the this Agreement, Wildblue reserves the right to suspend and/or terminate Customer’s account without any notification. If Customer’s account is suspended and/or terminated because of violating Agreement, Customer will not be entitled to any refund. Additionally, any advance fees paid will not be refunded..

Unlimited Hosting Policy

Wildblue Data allocates Customers an unlimited amount of disk space and bandwidth. The unlimited disk space and bandwidth may only be used to store and transfer files relevant to the website(s) being hosted. An account suspension may result if a large amount of non-relevant files are found on a clients account In the event that scripts are causing the server to go offline. The client’s account will be suspended until a resolution can be reached. If prior approval to modify or remove access to scripts causing problems is given, then we will not suspend the account we will only rename the files in question, however, you MUST contact us letting us know what you have done to ensure the scripts do not cause problems in the future before re-enabling them. If a client causes continuous server or service interruptions under their current plan, then they will be asked to upgrade to a more powerful plan (VPS, or Dedicated). In these extreme cases the client will be notified of a need to upgrade to a more powerful server (VPS). We will NEVER terminate a clients account, and we will only suspend accounts in the most extreme circumstances (That is it is causing the server to crash). We have never had to suspend a client’s account thus far, and we have only had to ask a select few client’s to upgrade their accounts, and we usually discount customer’s when we request them to upgrade.

Abuse Towards Wildblue

At Wildblue Data, Customers are treated with respect and in return Wildblue expects to be treated well. If Wildblue feels as if Customer is being disrespectful or demeaning to any staff members, Customer’s account may be suspended. If suspended, Customer will be given one week (7 days) to move to a new host. After this time period, Wildblue reserves the right to completely remove/terminate Customer’s account. customer will not be entitled to any refunds. However, refunds may be issued for advanced payments.

Server Abuse/Customer Abuse

Any attempted attack against any Wildblue server and/or Customer being hosted by Wildblue will result in automatic termination of the offending account with no refund including, but not limited to, no refunds for advanced payments, and a permanent banning of the offending Customer.

Violation of Wildblue Agreement

Failure to fully comply with Wildblue’s Agreement may result in an immediate suspension and/or terminated without any refund. There will be no refunds for advanced payments. Whilst being hosted by Wildblue, Customer must adhere to Agreement. If Customer is not sure about anything, please contact Wildblue via Wildblue’s customer support portal (client area) for clarification.

Wildblue Data reserves the right to remove/suspend any account without notice of Agreement is violated. If Customer violates Wildblue’s Agreement, Wildblue will either give Customer warning or immediately terminate/delete Customer’s account. No warning is required.

Price/Plan Changes

The amount Customer pays for hosting will never increase from the date of purchase. Wildblue reserves the right to change prices listed on http://www.wildbluedata.com.

Spam Policy

Wildblue Data has a strict no spam policy. Customer must comply with the CAN-SPAM law. If customer is unsure of the provisions of this law, click the link below.
The CAN-SPAM Act

Customer must send e-mail in a way that respects the stability of our network and allows other Customers to use Wildblue’s services. If Wildblue determines that Customer use of e-mail affects Wildblue Data network or other Customers, Wildblue may suspend Customer’s account until corrections are made.

Wildblue Data reserves the right to completely disable any and all e-mail services for accounts that fail to comply with this policy.

Wildblue Data has a right to recover up to $75 for the administration time required to deal with client’s who intentionally violate our spam, policy and register accounts to begin sending out thousands of e-mails.

This Agreement must be used for Customer’s services as well. All content hosted on any Wildblue server is subject to this Agreement.

Disclaimer

Wildblue Data shall not be responsible for any damages Customer’s business may suffer. Wildblue makes no warranties of any kind, expressed or implied for services provided. Wildblue disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Wildblue and its Customers.

Disclosure to law enforcement

Wildblue Data may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. Wildblue will cooperate fully with law enforcement agencies.