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WEB HOSTING TERMS & CONDITIONS

This Agreement is between Thunderbolt Computing, Inc, the operators of the BlueJet Hosting service, (hereafter referred to as "BlueJet Hosting") a Washington based business with it's principal office located in Bellevue, Washington, and the Client. BlueJet Hosting to provide, and Client agrees to accept through BlueJet Hosting web hosting services according to the following terms and conditions:

  1. TERM AND FINANCIAL:
    1. Client agrees to a thirty (30) day contract minimum (or three (3) or six (6) or twelve (12) or twenty-four (24) month contract depending on length of pre-payment), beginning upon commencement of service.
    2. At the end of the contract term, the contract will automatically renew for successive thirty (30) day periods (or three (3) or six (6) or twelve (12) or twenty-four (24) month periods, depending on length of pre-payment) indefinitely until canceled in writing or via the web panel. The Client agrees that web-hosting renewal charges are billed automatically. The customer agrees that they are responsible to keep their billing information current. Changes can be made any time by selecting "Billing Profile" through Client's account control panel. BlueJet Hosting also recommends keeping the "Contact Info" current.
    3. If payment is not received by BlueJet Hosting within 5 days of the due date, BlueJet Hosting, at its sole discretion, also has the option to terminate or otherwise deactivate the Client's account with or without any notice.
    4. If the Client wishes to cancel BlueJet Hosting shared Web Hosting services within thirty (30) days of the initial signup they shall be able to do so for any reason (aside from disablement for Terms of Service or Spam Policy violations) and have their money promptly refunded. "30-Day Money-Back Guarantee" offer is only applicable to credit card payments for shared web hosting. Other forms of payment are non-refundable. Dedicated and Virtual Private server payments are non-refundable. Domain registrations (including the value of any used free domain registrations included with the plan) are not refundable under any circumstances. See domain registration agreement for more information.
    5. After the first 30 days a canceled account will be canceled before the next payment is due and no more billing will occur nor will any payment be refunded, even for unused portions. Such charges and fees are subject to change. Continuation of use of services by Client indicates agreement to such changes or revisions.
    6. There is a $25 fee for checks that are returned for any reason. This fee also applies to credit card chargeback requests that are made in error by Client even if chargeback is later reversed as the penalty paid by BlueJet Hosting for such chargebacks is nonrefundable. We encourage all Clients to contact us first for resolution of any billing issue prior to requesting a chargeback with Client's bank.
    7. Violations of BlueJet Hosting's Terms of Service or Spam Policy may, at BlueJet Hosting's discretion, result in immediate disablement without refund.

  2. TAXES:
    1. BlueJet Hosting shall not be liable for any taxes or other fees to to be paid in accordance with or related to sales made from the Client using BlueJet Hosting's server. The Client agrees to take full responsibility for all taxes and fees of any nature associated with such products sold by Client.

  3. MATERIAL PRODUCTS:
    1. Client will provide BlueJet Hosting with material and data in a condition that is "server-ready", which is in a form requiring no additional manipulation on the part of BlueJet Hosting. BlueJet Hosting shall make no effort to validate this information for content, correctness or usability.
    2. Use of BlueJet Hosting's service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of Client's Webspace by the Client.
    3. The following examples are offered:
      • Web Publishing: requires a knowledge of HTML, properly locating and linking documents, FTPing Webspace contents, Graphics, text, Sound, imagemapping, etc.
      • CGI-Scripts: may requires a knowledge of the UNIX environment, tar & gunzip commands, Perl, shell scripts, permissions, etc.
    4. The Client agrees that he or she has the necessary knowledge to create Client's Webspace. Client agrees that it is not the responsibility of BlueJet Hosting to provide this knowledge or Customer Support outside of the defined service of BlueJet Hosting.
    5. The customer agrees that any content submitted to their web account through the services provided by BlueJet Hosting will not contain any abusive or unethical material. BlueJet Hosting will exercise no control whatsoever over the content of the information passing through the network unless it receives numerous complaints concerning the content.
    6. The customer agrees to make use of BlueJet Hosting servers primarily for the purpose of hosting a website, and associated email functions. Client agrees not to utilize the space provided for file storage, and the dedicated space can only be used for files related and accessible through their web site. Servers are shared with other customers, and as such IRC-related activities, BitTorrent software, or severely CPU intensive CGI scripts (e.g. chat scripts, proxy scripts, scripts which have bugs causing them to not close properly after being run) are not encouraged. IRC bots and bouncers (BNC) specifically may not be run on any BlueJet Hosting server, and if your processes are adversely affecting server performance disproportionately BlueJet Hosting reserves the right to negotiate additional charges with the Client and/or the discontinuation of the offending processes.
    7. BlueJet Hosting specifically denies any responsibilities for any damages arising as a consequence of such unavailability. In the event that this material is not "Server-ready", BlueJet Hosting may, at its option and at any time, reject this material, including but not limited to after it has been put on BlueJet Hosting's Server. BlueJet Hosting agrees to notify Client immediately of its refusal of the material and afford Client the opportunity to amend or modify the material to satisfy the needs and/or requirements of BlueJet Hosting. If the Client fails to modify the material, as directed by BlueJet Hosting, within a reasonable period of time, which shall be determined between the parties themselves, the contract shall be deemed to be terminated.
    8. All domain names registered through BlueJet Hosting or Thunderbolt Computing, Inc's other domain registration sites, that are 'parked' or are otherwise not immediately associated with a BlueJet Hosting hosting plan will be automatically pointed to a "Coming Soon" web page which informs visitors that the registrant has recently registered their domain name via Thunderbolt Computing. The Coming Soon web page may be modified at any time by BlueJet Hosting without prior notice to you and may include such things as, without limitation, links to additional products and services offered by BlueJet Hosting or Thunderbolt Computing, Inc.

  4. DISCLAIMER OF WARRANTY:
    1. PROVIDER'S SERVICE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. DUE TO PROVIDER'S RELATIONSHIP WITH ON LINE NETWORKS, THE PROVIDER GIVES NO WARRANTY, EXPRESSED OR IMPLIED, FOR THE WEB HOSTING SERVICES PROVIDED, INCLUDING WITHOUT LIMITATION, WARRANTY OF THE MERCHANTABILITY AND WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF WARRANTY EXPRESSLY DISCLAIMS ANY RIGHT TO REIMBURSEMENT FOR DIRECT OR CONSEQUENTIAL LOSSES, INCLUDING BUT NOT LIMITED TO LOSSES OF INCOME, DUE TO DISRUPTION OF SERVICE BY PROVIDER OR ITS PROVIDERS BEYOND THE FEES PAID BY CLIENT TO PROVIDER FOR SERVICES.
    2. Client expressly agrees that use of BlueJet Hosting's service is at Client's sole risk. BlueJet Hosting, its employees, affiliates, agents, third party information providers, merchants licensors or the like, indicate BlueJet Hosting's Web Hosting service may be interrupted and is not likely to be error free. BlueJet Hosting makes no warranty as to the results that may be obtained from the use of the Web Hosting service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Web Hosting service, unless otherwise expressly stated in this Agreement.
    3. Under no circumstances, including negligence, shall BlueJet Hosting, its offices, agents or anyone else involved in creating, producing or distributing BlueJet Hosting's Web Hosting service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the BlueJet Hosting's Web Hosting services; or that results from mistakes, omissions, interruptions, deletion or loss of files or data, errors, defects, delays in operation, or of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to BlueJet Hosting's records, programs or services. Client maintains sole responsibility for data backups and restoration, unless BlueJet Hosting has provided those services and a rider is attached to this contract. Client hereby acknowledges that this paragraph shall apply to all content on BlueJet Hosting's Web Hosting services.
    4. Use of any information obtained by way of BlueJet Hosting is at Client's own risk and BlueJet Hosting specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of a connection to and does not represent guarantees of available end to end bandwidth.
    5. BlueJet Hosting disclaims liability for any damages arising from Client's use of BlueJet Hosting or by Client's Server(s). BlueJet Hosting disclaims liability for Client's data, files, or directories residing on BlueJet Hosting's equipment or its BlueJet Hostings equipment. Client is solely responsible for maintaining data, file, and directory structure back-ups.
    6. Notwithstanding the above, Client's exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which Client paid during the current term of this Agreement.

  5. TRADEMARKS AND COPYRIGHTS:
    1. Client warrants that it has the right to use the applicable trademarks of Client, and grants to BlueJet Hosting the rights to use such trademarks, if any, in connection with BlueJet Hosting's motion of, referencing of, cataloging of, or indexing of BlueJet Hosting's Web Hosting clients.
    2. CLIENT HEREBY AGREES THAT ANY MATERIAL SUBMITTED FOR PUBLICATION ON PROVIDER THROUGH CLIENT'S ACCOUNT(S) WILL NOT VIOLATE OR INFRINGE ANY COPYRIGHT, TRADEMARK, PATENT, STATUTORY, COMMON LAW OR PROPRIETARY RIGHTS OF OTHERS, OR CONTAIN ANYTHING LIBELOUS OR HARMFUL. CLIENT WILL HOLD PROVIDER HARMLESS AND INDEMNIFY PROVIDER FROM ANY DAMAGES, FINES, OR COSTS INCLUDING ATTORNEY FEES WHICH MAY ARISE FROM ANY SUCH VIOLATION OR INFRINGEMENT.

  6. 6. CAPACITY:
    1. Client certifies that he or she has full right and authority to enter into this agreement to bind Client hereto. The Client certifies that he or she is at least 18 years of age, or that their parent or legal guardian will act as the "customer" in terms of this contract.

  7. INTERNET ETIQUETTE:
    1. Due to the public nature of the Internet, all information should be considered publicly accessible, and important or private information should be treated carefully. BlueJet Hosting is not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network provider or its customers may utilize.
    2. Use of distribution list via unsolicited electronic mail or other electronic mailings is strictly prohibited. BlueJet Hosting reserves the right to deactivate the Client's Web Hosting account(s) upon an indication of such activity. Client hereby agrees to indemnify and hold harmless BlueJet Hosting from any claim resulting from the Client's or another party's use of electronic mail service(s) on the Client's Web Hosting account(s).
    3. Electronic forums such as mail distribution lists and Usenet news groups all have expectations regarding subject area and appropriate etiquette for posting. Users of these forums should be considerate of the expectations and sensitivities of others on the network when posting material for electronic distribution. The network resources of BlueJet Hosting may not be used to impersonate another person or misrepresent authorization to act on behalf of others or BlueJet Hosting. All messages transmitted via BlueJet Hosting should correctly identify the sender; users may not alter the attribution of origin in electronic mail messages or posting.
    4. Users must not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain unauthorized access. This includes (but is not limited to) such things as port scanning of either BlueJet Hosting or external computers and Denial Of Service attacks of any kind.

  8. TERMINATION:
    1. This Agreement may be terminated by either party, without cause, by giving the other party thirty (30) days written notice. Notwithstanding the above, BlueJet Hosting may terminate service under this Agreement at any time, without penalty, if Client fails to comply with the terms of this Agreement. BlueJet Hosting reserves the right to charge a reinstatement fee. Client may be liable for certain fees relating to termination when such termination is due to Unsolicited Commercial E-Mail. Such fees shall include, but not be limited to, time required to clean up/correct any problems or service related issues on our servers caused directly or indirectly by Client's violation, and any legal fees or other costs we may incur while dealing with the incident. Client shall not be entitled to any refund of any monies under any circumstances should this agreement be terminated due to violation of the terms by the Client.

  9. INDEMNIFICATION:
    1. CLIENT HEREBY AGREES THAT ANY MATERIAL SUBMITTED FOR PUBLICATION ON PROVIDER THROUGH CLIENT'S ACCOUNT(S) WILL NOT CONTAIN ANYTHING LEADING TO AN ABUSIVE OR UNETHICAL USE OF THE WEB HOSTING PRODUCT(S) OR THE HOST SERVER(S). ABUSIVE AND UNETHICAL MATERIALS AND USES INCLUDES, BUT IS NOT LIMITED TO, PORNOGRAPHY, OBSCENITY, NUDITY, VIOLATIONS OF PRIVACY, COMPUTER VIRUSES, ANY HARASSING AND HARMFUL MATERIAL OR USES, ANY ILLEGAL ACTIVITY, OR MATERIAL ADVOCATING ILLEGAL ACTIVITY, AND ANY INFRINGEMENT OF PRIVACY OR LIBEL.
    2. Client agrees that it shall defend, indemnify, save and hold BlueJet Hosting harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against BlueJet Hosting, agents, its clients, servants, officers and employees, that may arise or result from publication or use of client's materials, any service provided or performed or agreed to be performed or any product sold by Client, its agents, employees or assigns. Client agrees to defend, indemnify and hold harmless BlueJet Hosting against Liabilities arising out of (i) any injury to person or property caused by any products or services sold or otherwise distributed in connection with BlueJet Hosting's Web Hosting service; (ii) any material supplied by Client infringing on the proprietary rights of a third party; (iii) copyright infringement and (iv) any defective product which Client sold on the Web Hosting.

  10. CONTRACT REVISIONS:
    1. Revisions to this Contract will be considered agreed to by Client on renewal of BlueJet Hosting's Web Hosting services as specified in Section 1.2.

  11. ENTIRE UNDERSTANDING:
    1. This Agreement contained in this Contract constitutes the sole agreement between BlueJet Hosting and Client regarding its Web Hosting service. It is construed in accordance with the laws of the State of Washington. Any litigation or lawsuits incidental to this Agreement shall be filed and be determined in King County, Washington unless otherwise agreed to in writing by BlueJet Hosting.
    2. Client will use the Web Hosting services in a manner consistent with any and all applicable laws of the State of Washington, any other state and the United States Federal Law. Signing up for an account binds the clients to the above contract, and our Acceptable Use Policy.

modified December 28, 2006