Last Revised: 05 September 2021
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.
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 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.