Blugecko Applications cc | Universal Terms of Service Agreement
Last Revised: 05 September 2012
Blugecko, in its sole and absolute discretion, may change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to the Blugecko website (this “Site”). You acknowledge and agree that:
- Blugecko may notify you of such changes or modifications by posting them to this Site and
- supply a permanent link within their email disclaimer as means of notification and
- your use of this Site or the Services found at this Site after such changes or modifications have been made (as indicated by the “Last Revised” date at the top of this page) shall constitute your acceptance of this Agreement as last revised.
If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this Site or the Services found at this Site.
The Blugecko name and logo are both trademarks of Blugecko Applications cc. and are copyright under the Berne Convention. In terms of Copyright Act, No. 98, no part of this website, trademarks, graphics or content may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying of printable graphics, recording or any information storage and retrieval system, without prior written consent from Blugecko.
Disclaimer of Warranty
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. BLUGECKO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. BLUGECKO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT:
- THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE
- THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR
- BLUGECKO ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY BLUGECKO, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES) WILL:
- CONSTITUTE LEGAL OR FINANCIAL ADVICE OR
- CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE
THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.
Limitation of Liability
IN NO EVENT SHALL BLUGECKO, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM:
- THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE
- THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE
- THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE
- PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER
- THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER
- ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN
- ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE
- ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE
- ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR
- ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT BLUGECKO IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SITE OR THE SERVICES FOUND AT THIS SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL BLUGECKO’S TOTAL AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE PARTICULAR SERVICES THAT ARE THE SUBJECT OF THE CAUSE OF ACTION.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.
Reservation of Rights
Blugecko expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any Account or Services (including the right to cancel or transfer any domain name registration) for any reason (as determined by Blugecko in its sole and absolute discretion), including but not limited to the following:
- to correct mistakes made by Blugecko in offering or delivering any Services (including any domain name registration)
- to protect the integrity and stability of, and correct mistakes made by, any domain name registry
- to assist with our fraud and abuse detection and prevention efforts
- to comply with applicable local, state, national and international laws, rules and regulations
- to comply with requests of law enforcement, including subpoena requests
- to comply with any dispute resolution process
- to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, or
- to avoid any civil or criminal liability on the part of Blugecko, its officers, directors, employees and agents, as well as Blugecko’s affiliates
Blugecko expressly reserves the right to review every Account for excessive space and bandwidth utilization, and to terminate or apply additional fees to those Accounts that exceed allowed levels.
You agree to protect, defend, indemnify and hold harmless Blugecko and its officers, directors, employees, and agents, from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by Blugecko directly or indirectly arising from:
- your use of and access to this Site or the Services found at this Site
- your violation of any provision of this Agreement or the policies or agreements which are incorporated herein; and/or
- your violation of any third-party right, including without limitation any intellectual property or other proprietary right
The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.
Availability of Services
Subject to the terms and conditions of this Agreement, Blugecko shall attempt to provide the Services for twenty-four (24) hours per day, seven (7) days per week throughout the term of this Agreement. You agree that from time to time the Services may be inaccessible or inoperable for any reason, including, without limitation:
- equipment malfunctions
- periodic maintenance procedures or repairs that Blugecko or its contractors may undertake from time to time or
- causes beyond the control of Blugecko or that are not reasonably foreseeable by Blugecko, including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks network congestion or other failures
You agree Blugecko has no control of availability of the Services on a continuous or uninterrupted basis.
You further agree that as a normal course of its business, it may be necessary for Blugecko to migrate its servers. As a result, services may be interrupted for an extended period of time and, even though you may have a dedicated IP, you may be assigned a different IP number. Blugecko does not warrant that you will be able to consistently maintain your given IP numbers.
Blugecko respects and protects the privacy of visitors to the website as well as the privacy of their customers. In general you can visit the website without identifying yourself or revealing any personal information. If you decide to provide personal information by which you can be identified, you can be assured that such information will only be used in the relationship between you and Blugecko.
Collection of Information
Use of customer information
The contact information and communication is assigned to your account profile in order to provide you with services from Blugecko. Blugecko shares needed customer information only with trusted affiliates, if it is necessary to establish this service. Customer information is never shared with or sold to any third parties to provide you with information about their products, or for any other marketing purposes of others. Blugecko also never discloses email addresses or any other contact information whatsoever.
Furthermore, Blugecko disclaims any intention to censor, edit or engage in ongoing review or surveillance of communications stored on or transmitted through our facilities by customers or others.
Links to other websites
Our pages may contain links outside our website to other web addresses. We are not responsible for the content or privacy policies of other sites.
Location of Data
Blugecko's hosting servers are located in Europe, your communications with us and between your customers may result in the transfer of information (including your Account information) across international boundaries. By visiting this Site, hosting with us, and communicating electronically with us, or your customers, you consent to such transfers.
Blugecko will not allow our servers and services to be used for the purposes of sending Unsolicited Commercial Email (UCE), Unsolicited Bulk Email (UBE) or Unsolicited Facsimiles (Fax), which is email or facsimile sent to recipients as an advertisement or otherwise, without first obtaining prior confirmed consent to receive these communications from the recipient.
If Blugecko determines the services in question are being used in association with spam, Blugecko will re-direct, suspend, or cancel any web site hosting, domain registration, email boxes or other applicable services for a period of no less than two (2) days. The registrant or customer will be required to respond by email to Blugecko stating that they will cease to send spam and/or have spam sent on their behalf. Blugecko will require a non-refundable reactivation fee to be paid before the site, email boxes and/or services are reactivated. In the event Blugecko determines the abuse has not stopped after services have been restored the first time, Blugecko may terminate the hosting and email boxes associated with domain name in question.
In addition, if actual damages cannot be reasonably calculated then you agree to pay Blugecko liquidated damages in the amount of R10.00 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your Account.
License of Your Website Content and other Software
Blugecko grants to you, and you accept from Blugecko, a non-exclusive, worldwide and royalty free license to copy, display, use and transmit on and via the Internet your website content or software in connection with Blugecko’s performance or enforcement of this Agreement.
Storage and Security
At all times, you shall bear full risk of loss and damage to your website and all of your website content. You are entirely responsible for maintaining the confidentiality of your password and account information. You agree you are solely responsible for all acts, omissions and use under and charges incurred with your account or password or in connection with the Site or any of your website content displayed, linked, transmitted through or stored on the Server. You shall be solely responsible for undertaking measures to:
- prevent any loss or damage to your website content
- maintain independent archival and backup copies of your website content
- ensure the security, confidentiality and integrity of all your website content transmitted through or stored on Blugecko servers and
- ensure the confidentiality of your password
Blugecko’s shared hosting servers are not an archive and Blugecko shall have no liability to you or any other person for loss, damage or destruction of any of your content. The Services are not intended to provide a PCI (Payment Card Industry) compliant environment and therefore should not be considered as one.
Blugecko shall have no liability to you or any other person for your use of the Services in violation of these terms. You shall at all times use the Services as a conventional and/or traditional website. You shall not use the Service in any way, in Blugecko’s sole discretion, that shall impair the functioning or operation of Blugecko’s services or equipment.
Specifically by way of example and not as a limitation, you shall not use the Services as:
- a repository or instrument for placing or storing archived files; and/or
- placing or storing material that can be downloaded through other websites
You acknowledge and agree that Blugecko has the right to carry out a forensic examination in the event of a compromise to our server or your account.
In the event you terminate, moving your website off of the Blugecko shared hosting servers is your responsibility. Blugecko will not transfer or FTP your website to another provider. In the event your use of the Services is terminated, Blugecko will not transfer or manage your Services or your website content.
Use of this site and services offered on this site constitutes your full acceptance of the Terms and Conditions as set forth above and signifies that you have read, understand, acknowledge and agree to be bound by these Terms.