Terms Of Service

The Terms of Service (TOS) below apply to Blurple’s Web Hosting services. We have been happily providing web hosting services for our clients since 2008, and are happy to offer the same services to customers who wish a solid web hosting account and are happy to "play fair". If you have any questions, please contact us.

Acceptable Content
All services provided by Blurple may be used for lawful purposes only. It is a violation of our Terms of Service to transmit, store, upload or present any information, data or material in violation of any United States Federal, State or local law. This includes, but is not limited to, material for which you do not hold the copyrights or written authorization for its use, material that we judge to be threatening or obscene, material that jeopardizes national security, and/or material protected by trade secret or other laws. Further, the following content is prohibited on Blurple accounts, as are links to such content:
Pornography and sex related merchandising, includes sites that may imply sexual content, or link to adult content elsewhere.

Websites that promote any illegal activity or content or files that may be damaging to Blurple servers or any other server on the Internet.

Medical, psychiatric/psychology, illegal, get rich quick or hate material

IRC Software

Pirated software

Hacking sites, programs or archives

Warez Sites

Distribution of music files or any other material for which the account holder does not own the copyright

Game Servers (dedicated game server programs)

Housing of any of the following files is considered a violation of the terms of service:

IRC, Egg Drops, BNC, or IRC bots to be operated on our servers. Files with references to IRC or any likeness thereof are prohibited, as are programs that act like an IRC server or that provide chat functions that run as background processes.

Proxies: we do not allow proxy servers of any kind, whether for personal or business use. Files with references to any proxy or likeness thereof are prohibited.

PortScanning: we do not allow any kind of portscanning to be done on or from our servers.

Blurple will be the sole arbiter as to what constitutes a violation of this provision. Content that does not meet these standards will be removed without prior notice to customer.

Customer agrees to indemnify and hold harmless Blurple from any claims resulting from Customer's use of Blurple services which damages Customer or any other party.

Commercial Advertising - Email

No Spam: Sending of unsolicited email (email spam) from our servers is STRICTLY prohibited. While we attempt to be fair, Blurple will be the sole arbiter as to what constitutes a violation of this provision. This also includes Opt-in/Opt-out mail programs and email that either directly or indirectly references a domain contained within an account at Blurple.

Unconfirmed Mailing Lists: subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by Customer must be Closed-loop ("Confirmed Opt-in"). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing lists of email addresses from 3rd parties for mailing to or from any Blurple-hosted domain (website), or referencing any Blurple account is prohibited.

Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this Acceptable Use Policy or the Acceptable Use Policy of any other Internet Service Provider, including but not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, denial of service attacks is prohibited.

Email address cultivating, or any unauthorized collecting of email addresses without prior notification of the email address owner is strictly prohibited.

Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org is prohibited.

Unacceptable Software and Server Abuse

Use of the following is in violation of our Terms of Service, and shall result in immediate termination of the account:

ShoutCast Servers - Shoutcast Servers are not allowed due to bandwidth and load issues.

Background Running Programs - We ask that users request permission before enabling persistent background processes of substantial load.

PHP Shells or any likeness thereof are prohibited. Files with any reference to PHP Shells or likeness thereof are prohibited.

Server Abuse - any attempts to undermine or cause harm to a Blurple server or Customer of Blurple is strictly prohibited including, but not limited to:

Logging into a server or account that you are not authorized to access

Accessing data or taking any action to obtain services not intended for you or your use

Attempting to probe, scan or test the vulnerability of any system, subsystem or network

Tampering, hacking, modifying, or otherwise corrupting or breaching security or authentication measures without proper authorization

Transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computer's functionality or the operation of the System Interfering with, intercepting or expropriating any system, data or information Interfering with service to any user, host or network including, without limitation, by means of overloading, "flooding," "mailbombing," or "crashing" any computer system

You will be held responsible for all actions performed on your account whether it is done by you or by others.

Scheduled Maintenance and Downtime

Blurple will use its commercially reasonably efforts to provide services 24 hours a day, seven days a week. Customer acknowledges that from time to time the services may be inaccessible or inoperable for various reasons, including periodic maintenance procedures or upgrades ("Scheduled Downtime"); or service malfunctions, and causes beyond the control of Blurple or which are not reasonably foreseeable by Blurple, including the interruption or failure of telecommunications or digital transmission links, hostile network attacks, or network congestion or other failures. Blurple will attempt to provide at least 48 hours advance notice to Customer for Scheduled Downtimes, and will use commercially reasonable efforts to minimize any other disruption, inaccessibility and/or inoperability of its web servers. Blurple has no responsibility for downtime resulting from a user's actions.

Limitations on Use, Cancellations and Non-Payment

Blurple maintains the right to cancel accounts at its discretion.

Any web hosting account using 15% or more of the server CPU or memory will be suspended and/or terminated. Any account that uses excessive amounts of bandwidth can and will be subjected to bandwidth throttling — or, more than likely, we may opt to request that you upgrade your service plan immediately or move your website.

Account Billing and Termination: Web hosting accounts will be billed monthly. We normally will send an email invoice approximately seven days prior to the lapse of your monthly account.

Overdue Payment and Termination of Account: Accounts will be disabled or terminated, at our discretion, if payment is not received by the renewal date. If your account has been disabled, you may be charged a reconnection fee of up to $50 in order to re-enable your account. Alternatively, the account may be terminated and all information within the account deleted. If you are not intending to pay for your web hosting account, or if you know that your payment will be late, it is your responsibility to back up your website files to ensure that you do not lose your data.

Cancellation Procedure: Valid proof of account ownership will be required to terminate an account. This includes, but is not limited to, billing information in the form of a partial credit card number or other payment information, or the billing password. Non-secure information, such as the contact email address or account billing address, is not sufficient as a security verification.

Paying by Check: orders for customers who wish to pay by check will be set up when the check is received and clears our bank. Checks must be written out to Blurple.

Parked Domain Names: There is a one-time, non-refundable fee of $15 for parking additional domain names (pointing a domain name to your website domain name).

Courtesy Backup and Services for Customers: all services such as backup and cPanel are provided as a courtesy to Customer. We will do our best to help; however, it is the sole responsibility of Customer to maintain Customer's own backup of any data. Blurple is not responsible for lost data or for lost data due to software that we do not maintain. (cPanel is not associated with Blurple.)

Limitation of Damages
Recovery of damages from Blurple may not exceed the amount of fees it has collected on the account.

Unlimited Disclaimer
Our Unlimited Plan is designed for customers who don't want the trouble with measuring their megabytes and gigabytes and, because of their relatively straightforward single sites, don't need to. Traffic to and from these sites is essentially un-metered, but some simple common sense rules do apply. The text below outlines the common sense rules that apply to our Unlimited Plan. These rules are designed to prevent those few who would take advantage of the plan (at everyone else's expense) from doing so.

The Unlimited Plan, by its nature, is subject to a number of differing and/or additional terms. While most Customers will use the unlimited feature for their legitimate Web site needs, we recognize that others may try to take advantage of our offer and use the space and traffic in ways for which it is not intended. In the best interests of our Customers the following common sense rules will apply:

-Customer's site must use and store only the information and data that relates to the Web site, at the IP address provided by Blurple.

-Customer may not resell or give away Web space under a domain name, nor may customers build Web sites that house "sub domain" Web sites on behalf of other companies, groups or individuals unless you are a Blurple reseller, and abiding by the Blurple's reseller rules. Customers who wish to resell the Blurple's Web space should utilize Blurple’s reseller Program.

-Customer may not use Customer's Web site to store Web pages, files or data for other IP addresses or domain names, nor may Customer use its Web site as a repository for file, data or "Waurez group" download transfers. Blurple reserves the right to make this determination, in its sole and absolute discretion.

-Customer may not use its Web site as a storage area for files that are not linked to Customer's Web pages. It is not for Customer's personal file storage.

-Blurple's "unlimited traffic" offer is to provide the Blurple's customers with bandwidth for active Web pages and cannot be used for non related website traffic. The Company permits up to 15 megabytes of archive storage, e.g. avi or wav files, images, compressed files, shareware, games, programs, etc.. All HTML pages MUST be linked to files (HTML, .jpg, .gif, etc.) stored on Company's server and vice versa.

-Blurple does not permit sites in the Unlimited Plan where 20% or more of the monthly traffic is from file downloads, or sites that use more than 10% of system resources, or sites which in Blurple’s view are detrimental to the enjoyment of Blurple services by Blurple's other clients, or are in the sole and final judgment of Blurple, detrimental to network or business operations.

-CGI/PERL chat, JAVA chat or any other chat scripts are also not allowed and are considered an abuse of unlimited bandwidth. Any CGI/PERL, JAVA or any other scripts that consume large amounts of CPU usage or memory are also not permitted.

-Microsoft Media Server Audio/Video is permitted for clients who have elected and ordered Blurple’s Expert Hosting Package.

-Blurple may take whatever steps necessary to provide its services, and to provide for the enjoyment of such services by all of Blurple’s clients, and to ensure that certain clients do not utilize services to the detriment of other clients. Customers with Web sites that do not comply with these simple rules, or who seek to take advantage of Blurple’s unlimited storage or traffic plan in any other way, will, at the discretion of Blurple, have their sites canceled and/or removed from the servers and have service charges assessed at the discretion of Blurple . Blurple will be the sole and final arbiter as to Web sites or usage of resources that constitute violation or intent to violate our policies.

-Those Customers found in violation of these policies are subject to a $500 service charge for each instance of violation, exclusive of charges for the bandwidth and/or other resources utilized. Web sites which Blurple must suspend or cancel due to violation of these rules are not eligible to receive a refund under Blurple’s 30 money back guarantee, and are subject to charges for bandwidth and usage of resources at twice the standard rate for such resources. Acceptance of these Terms of Services, and/or use of Blurple’s services constitutes an acceptance of any fines, penalties or service charges which might arise out of violation of these policies.

Refunds

30-day Money Back Guarantee:
If you wish to cancel your web hosting account within 30 days of ordering it, we will refund your funds promptly, less any setup fee you paid.

General: Refunds will be made for FULL months only. Notice of cancellation must be given before the month in question begins. Setup fee is NON-refundable.

Violation of Terms of Service: In addition to the above, any violation of our Terms of Service Agreement shall result in no refund. This includes, but is not limited to, criminal actions that result in termination of a web hosting account.

General

These Terms of Service are a legally binding contract between Customer and Blurple. By opening an account, Customer agrees to the above-stated terms.

These Terms Of Service are subject to change without any prior notification, and any changes will be posted here. Anything not listed in the Terms of Service is open to interpretation and change by Blurple without prior notice.

All prices, with the exception of the 30-day money back guarantee, are nonrefundable and nonnegotiable.

Any violation of these Terms of Service will result in termination of the account. Blurple maintains the right to terminate accounts without prior notification.

We reserve the right to remove any account with 15 days prior notice.

Lastly, we reserve the right to refuse service to anyone for any reason.