Terms of ServiceBlueSteam has some conditions for remaining a part of the family.
General Terms and Policies
Users and customers of services provided by BlueSteam must accept the terms and conditions of business set out below. These Terms of Service and Acceptable Use Policies (“Terms and Policies”) are an essential part of your relationship with BlueSteam. By using your BlueSteam account, you agree to all of the Terms and Policies set out in this document above and below. The Service is provided to authorised persons or organisations (referred to in this document as “Subscriber” or “you”). Any use of the service is subject to any restrictions listed below. By using the Service, you agree to be bound by all of theses Terms and Policies. If you do not agree to be bound by these Terms and Policies, you must cancel your account immediately and may not thereafter use or attempt to use the Service.
If you are an individual Subscriber, these Terms and Policies apply to all persons who gain access through your account. If you are a commercial Subscriber, these Terms and Policies apply to all your employees, agents and/or customers. In either instance, a violation of these Terms and Policies by anyone using your account will be treated as a violation by you. Prices and Charges – BlueSteam provides the use of cPanel and domain control panels to you as part of your hosting services, however, if through misuse or through abuse on your part BlueSteam incurs any charges, we reserve the right to pass these charges on to you. If you fail to settle these charges within a reasonable time frame or outright refuse to settle these charges, BlueSteam reserves the right to cancel your and and all services with immediate effect until such time as the outstanding amounts are settled. If an outstanding invoice is overdue for more than a period of 10days, BlueSteam reserves the right to add applicable late fees to any and all relevant invoices. The late fee in question will be charged at a total of R250 per service applicable.
BlueSteam carries out 1 backup per day for 30 days. These backups are strictly for our own use in-case of a catastrophic failure however, we do make this available to you through your cPanel for your own convenience. However, restores of your account can be requested from us if you choose to do so. This will be a chargeable service of R150 per restore as this is not meant as a replacement for keeping your own backups as we are not responsible for loss of data due to human error or malicious intent from outside sources. You are still expected to perform your own regular backups via the provided cPanel interface.
Customer generated backups that are stored on the server for more than 3 days will be removed by BlueSteam. Backup files may not be stored indefinitely on the server hosting your website files as this consumes unnecessary space on the server when we perform our own backups which could result in creating a duplicate backup of a backup. It is also not best practice to store your backup files on the server hosting your files in the event of a catastrophic failure as the backup files could also be lost along with your website files.
Domain Name Registration Confirmation
We make no representation that the domain name(s) you wish to register is capable of being registered by or for you or that it will be registered in your name. You should not assume registration of your requested domain name(s) until you have been notified that the domain name(s) have been registered.
The registration and use of your domain name(s) is subject to the terms and conditions of use applied by the relevant naming authority; ICANN in the case of .COM/NET/ORG etc, Nominet in the case of domain names ending with .UK and Uniforum SA in the case of domain names ending with .ZA. You shall ensure that you are aware of those terms and conditions and that you comply with them. You shall have no right to bring any claim against us in respect of refusal to register a domain name. Any administration charge paid by you to us shall be non-refundable not-withstanding refusal by the naming authority to register your desired domain name(s).
We shall have no liability in respect of the use by you of any domain name(s); any dispute between you and any other person must be resolved between the parties concerned in such a dispute. If any such disputes arise, BlueSteam shall be entitled, at its discretion and without giving any reason, to withhold, suspend or cancel the domain name(s) concerned. We shall also be entitled to make representations to the relevant naming authority but will not be obliged to take part in any such disputes.
We shall not release any domain to another provider unless full payment for that domain has been received by us. All charges payable by you for the services shall be in accordance with the scale of charges and rates published from time to time by us on our web site and shall be due and payable in advance of our service provision.
Without prejudice to our other rights and remedies under this agreement, if any sum payable is not paid on or before the due date, we shall be entitled forthwith to suspend the provision of services to you. You shall indemnify us and keep us indemnified and hold us harmless from and against any breach by you of these terms of business and any claim brought against us by a third party resulting from the provision of services by us to you and your use of the services. If you fail to pay any sums due to us as they become due, we may suspend the services and/or terminate this agreement forthwith without notice to you. If you breach any of these terms and conditions laid out above and below and you fail to correct the breach within seven(7) days following written notice from us specifying the breach, we may terminate this agreement forthwith. If you go into insolvent liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors, we shall be entitled to terminate this agreement forthwith. On termination of this agreement or suspension of the services we shall be entitled immediately to block your web site and to remove all data located on it. We shall be entitled to delete all such data but we may, at our discretion, hold such data for such period as we may decide to allow you to collect it at your expense, subject to payment in full of any amounts withstanding and payable to us.
BlueSteam has a zero tolerance for abusive language and/or abusive behaviour towards us and/or service we provide and/or our employees. Any customer deemed at our sole discretion to be abusive to us and/or service we provide and/or our employees will result in immediate irrevocable account termination without any refund. Threats to sue, slander, libel, etc., are all considered forms of abuse and will result in immediate irrevocable account termination without any refund. Any way of indecent treatment towards a BlueSteam employee will be considered as totally inappropriate and unacceptable. Each Customer is expected to communicate in an utterly polite and professional manner with BlueSteam employees regarding any request for help or consultation, or any other reason for contacting our BlueSteam team via e-mail, phone or through our Ticket Support System. Each Customer is expected to avoid any form of emotional outburst or inappropriate language, or any other attempt to undermine the importance of good ethics in communication and human relations. Any act of close nature, or other type of offensive, abusive, disrespectful or condescending behaviour – oral, written, or delivered by a second party – to employees of BlueSteam will be interpreted as a breach of this TOS. BlueSteam may at its discretion suspend or terminate services of any customer that is abusive/harassing to BlueSteam and/or BlueSteam employees. Examples of such activity include, but are not limited to;
- Verbal abuse – cursing, yelling, threatening, etc…
- Ongoing disregard for warnings or notices
- Consistent mistakes/errors/changes causing unnecessary workload
- Spamming BlueSteam email addresses, ticket systems, or servers
- Continuous involvement in flood/DDOS activity, hacked services, or other ongoing non-permitted usage
- Consistent late payments or responses
- Issuing a charge back or bouncing a payment
- Continuous activation of problematic end-users
- Activity which affects the service(s) of other BlueSteam customers
Affiliates may not mask, hide or modify the affiliate link. It must be used as displayed in the client area. You may not spam or advertise in areas or sections of websites that breach the rules of the displaying site. Doing so will result in the link being reported.
If you are unhappy with any aspect of our service immediately after registration, please contact our support department after which we will attempt to rectify the situation as soon as possible. If the problem cannot be fixed and you are unhappy with the service provided to you, you are entitled to a full refund within 30 days. There are no refunds past the 30 day period. Please see our 30 Day Money Back Guarentee policy. Refunds are not available for any domain name(s), SSL Certificates, Domain Transfer In fees, Domain Transfer Out fees, or any other products or services provided by BlueSteam through other companies. No refunds are provided for VPS or Dedicated servers under any circumstances. No refunds will be made if we terminate your hosting or other services due to violation of our Acceptable Use Policy or any other violation of our Terms and Conditions listed above or below, except as may be provided therein. This does not affect your statutory rights. Credit on your account cannot be refunded and must be used for purchases and renewals. Dedicated servers are exempt from the 30 day refund. Refunds will be issued at our discretion. Setup fees are non-refundable. Accounts purchased under a promotion, with or without a promo code, are excluded from the 30 day money back guarantee. Any funds sent to BlueSteam which are in excess of the amount owed can only be reimbursed in credit for offered services and cannot be refunded.
If your service drops below 99% uptime in any given month you will be credited with one free month. This must be claimed within 7 days of our monitoring dropping below this level. Any planned maintenance work is exempt from this guarantee and will be ignored. Dedicated servers currently have no SLA. Uptime level is calculated by our status page and monitors only.
Application of the Consumer Protection Act(CPA)
- Notwithstanding the provisions of clause 1.2, in the event that the Customer is not a juristic person, the Provider must give written notice to the Customer not more than 80 and not less than 40 business days before the expiry of the current period. This notice must inform the Customer of:
- the expiry date,
- any material changes that will apply to the Services beyond the expiry date, and
- the Customer’s right to either terminate the Service or renew for a further fixed period.
- Should the Customer not either terminate or renew the Service, the Service shall automatically renew on a month-by-month basis after the expiry of the initial period or any successive period, subject to any material changes set out by the Provider in its notice to the Customer.
- Should the Consumer Protection Act (“CPA”) be applicable to this agreement, the provisions of this agreement shall not be interpreted so as to exclude the Customer’s rights under sections 54, 55, and 56 of the CPA, which are admitted only to the minimum possible extent. Unless the contrary is stated elsewhere in this agreement, the Consumer shall have no rights in respect of quality of service, safe and good quality goods or implied warranty of quality beyond those explicitly stated in the aforementioned sections.
- A transaction (as defined in the CPA) between the Customer and the Provider may or may not fall under the provisions of the CPA depending upon whether certain values set out in clause 2.4 in respect of the Customer (“Threshold Values”) are below a certain value at the time the transaction is entered into.
- The Threshold Values are the Customer’s asset value or annual turnover (or such other measurement as may be dictated by the CPA as amended from time to time), and the value against which they are measured is as determined by the Minister of Trade and Industry by publication in the Government Gazette from time to time.
- Should the CPA be applicable to this agreement or to the relevant Service Order, the provisions of this agreement or of this clause, shall not be interpreted so as to exclude the Customer’s rights under sections 54, 55, and 56 of the CPA, which are admitted only to the minimum possible extent. Unless the contrary is stated elsewhere in this agreement, the Consumer shall have no rights in respect of quality of service, safe and good quality goods, or implied warranty of quality, beyond those explicitly stated in the aforementioned sections.
- The Provider’s duties under a particular Service Order may vary depending upon whether the transaction in question is subject to the CPA, and the Provider will act upon the information given to it by the Customer in this regard. Consequently:
- The Customer warrants that any statement made to the Provider in respect of its Threshold Values is accurate;
- If the Customer claims that all the Threshold Values are below the relevant value, or otherwise, that the CPA applies to the transaction in question, the Provider may at its instance require the Customer to provide it with financial statements as proof thereof;
- If the Customer misstates the Threshold Values in such a way that the Provider considers for a period that the transaction is subject the CPA when it is not, all provisions of this agreement, that do not apply to transactions subject to the CPA, shall retroactively apply to the transaction in question, and the Customer shall be liable for any damage sustained by the Provider resulting from such misstatement.
Domain Registration and Parking
- Ownership of the domain is the Customer’s, only after full payment has been received.
- Payments for a domain name registration are non-refundable. Once a domain name is registered, the WHOIS database stores the information and is kept there for a period of one year, until the date of renewal (‘Domain Parking’). Payment will NOT be credited back.
- Domain Parking does NOT include Web Space, Virtual Hosting or E-mail facilities.
- The Provider shall be indemnified and held harmless by the Customer if the Customer uses any domain name that infringes on any rights of any person / company.
- The Provider does not guarantee that a domain name requested by a Customer will be available. Should the Provider’s systems may reflect that the domain name requested is available, however, this domain may have been taken already, as the Provider’s system is reliant on server updates from both local and international WHOIS servers.
- As the Provider is a reseller of various domains, the Customer agrees to abide by the terms and conditions of the various domain registrars worldwide, when registering a domain with the Provider.
- As Domain registrars charge both a registration fee and a renewal fee, the Customer agrees to pay the Provider the fees that relate to the registration, renewal, maintenance, or administration, of the domain name. These fees are not refundable.
- Should the Customer misspell a domain name and the said domain is registered, the Customer will be held liable for payment of the misspelt domain. No domain registration fee will be credited. The Customer will then have to register the correctly spelled domain name at the cost of a new domain registration.
- Once an account has been created the DNS entries are created and the ticket for the domain is sent off, this may take up to 24 hours to complete.
- BlueSteam is an official accredited Registrar of UniForum SA and as such all .co.za domains names are registered via the new accredited EPP system. Any domain registrations registered with BlueSteam, on the EPP system, cannot be transferred back to the legacy system, or be transferred to any other company that uses the legacy system, domains can only be transferred between Registrars.
- Should a Customer request the Provider register a new .co.za domain on their behalf, and do not want to use the EPP system, the Customer must notify the Provider of this prior to registration.
- Should a domain name be registered on the EPP system and a Customer requests to move their hosting away, the Provider can point all DNSs (name servers) elsewhere, allowing the Customer, in effect, to host their domain elsewhere.
- Should the name servers point to another ISP that is not accredited, or whom does not have EPP, the domain can / will be released at a later date by written instruction from the client to the ISP / hosting provider once they are EPP enabled.
Delivery of services
Immediately upon successful payment you will receive an automated receipt from our systems. Please print an retain a copy of this and retain in a safe place for future reference. Your unique invoice number will be on this receipt and should be used for any enquires to BlueSteam. Please note that we aim to deliver all goods as soon as payment is complete. If BlueSteam is unable to adhere to this you will be informed via email or telephone or both. Services are only provided once full payment is received All order notifications are delivered electronically via email, If you have any questions about your order please contact us at firstname.lastname@example.org Our trading hours are 365 Days a Year, 24/7. BlueSteam strives to respond within 1 hour of receiving your enquiry, however, this is not guaranteed. The services available on this web site are subject to both export and or import restrictions. Please check regulations in the country you are in to see if these products are allowed for import into your country. We will not add charges to customers using either VISA or Mastercard card schemes. The final price will be the same regardless of payment method.
Grounds for Suspension and Termination
You agree to comply with these Terms and Policies. Any violation of either, these Terms and Policies or the other rules, regulations or policies noted above may serve as cause for BlueSteam to suspend or terminate your account. You agree that BlueSteam has the right, with or without notice, to suspend or terminate your account upon the first or subsequent occurrence of any of the following:
- Using the Service in a way, which constitutes violation of any applicable statute, law, court order, tariff, regulation, or treaty (including, but not limited to, intellectual property, communications, privacy, criminal and international law).
- Hosting websites dedicated to pornography. Legal adult content is NOT allowed and will be suspended immediately. See our Adult Material Policy
- Using the Service in a manner intended to abuse or violate the privacy or property rights of others, including but not limited to sending of unsolicited bulk e-mail (“spamming”); this ground for suspension or termination is separate from and in addition to the fees which will result from such activity. You agree to pay a clean up fee of R350 per hour if any of our server IP addresses appear on a blacklist as a result of spam from your account.
- Using the Service in an attempt to break security, or so as to actually break security of any computer network (including the Service itself), or to access an account, message, or file which does not belong to you.
- Using your account as a backup service. All files must be part of your website and must be linked to from your account. Dedicated server clients are excempt from this.
- Using the Service in such a way as to forge or mis-represent headers, addresses, or other identification in electronic mail or websites, or using any other method to disguise the sender’s identity or location. This includes the hosting of Proxy Server applications.
- Uploading, linking to or storing warez, cracks or other pirated software.
- Assisting in or directly distributing copyrighted material.
- Excessively using the Service in such a way as to limit the bandwidth available to others.
- Providing fake or incomplete contact details, including name, postal address and telephone number.
- Using the Service to operate server programs, including, but not limited to mail servers, IRC servers, game servers, ftp servers, Web servers, or streaming audio/video servers.
- Using the Service for unauthorised relays through any third party systems. Attempting, in any way, to interfere with or deny service to any user or any host on the Internet.
- Performing a chargeback on any transactions past or present will result in account suspension until resolved. If a chargeback is issued we reserve the right to remove your account any deny any future business.
- Using the Service for mail bombing, which includes any instance where multiple messages are sent to a specific destination with the intent to render the recipient and/or the electronic system serving that recipient dysfunctional.
- Using the Service to add or attempt to add addresses to any mailing list (yours or a third party’s) without the explicit positive consent of the addressee(s).
- Attempting to cancel, supersede, or otherwise interfere with email other than your own.
- Engaging in harassment, whether through language, frequency, or size of messages, either with email or website content.
- Using the Service to engage in syn flood attacks, which are defined as overburdening a recipient computer system by sending a high volume of spurious data which effective impedes or totally disables functionality of the recipient system(s), or any other methods of denial-of-service attacks.
- Furnishing false data on your sign-up form, contract, or online application, including providing fraudulent credit card or other payment information.
- No bill credit will be given for a period of suspension. In the event of termination of your use of the service under this section, BlueSteam may at its sole discretion retain any or all amounts you have paid for use of the service as liquidated damages for your actions.
- Security – You agree not to access or attempt to access private areas of the service. You agree to notify BlueSteam as soon as you become aware of an unauthorized use of your account and/or any breach or attempted breach of security on the Service.
- Intellectual Property – BlueSteam does not undertake to examine or review messages, files, or other materials, which are accessible through, pass through, or reside on the Service. Complaints regarding alleged copyright infringement can be sent to email@example.com.
- Continuing a specific identification of the allegedly infringing material and the location(s) on BlueSteam facilities where the materials are to be found. Upon receipt of such written notice, BlueSteam will expeditiously remove or block access to the allegedly infringing material, and provide notice to the person who had posted that material. If BlueSteam receives a notification from that person indicating that the claim of infringement was based upon mistake or misidentification, BlueSteam will send you a copy of that notification. Unless you notify BlueSteam of appropriate court action to restrain the alleged infringement, the challenged material will then be restored or other wise made accessible again.
- Liability – You agree that use of the Service is at your own risk. Except for information, products, or services clearly identified as being supplied by BlueSteam, neither BlueSteam nor any of its affiliate controls, provides, operates, or is in any way responsible for any information, products, or services accessible through the Service. BlueSteam neither endorses nor is responsible for the accuracy of third-party material(s), and you agree that BlueSteam is not responsible for any loss or damage caused by your use of, or reliance on, such material(s). You understand and agree that you have sole responsibility for your posting of any information or material to any site or newsgroup on the Internet, including but not limited to postings to web sites, whether residing on BlueSteam equipment or not, postings to newsgroups, and participation in any on-line chat sessions. You agree to indemnify and hold harmless BlueSteam and its employees, and other customers and subscribers from and against any claims, losses, costs, liability, damages or expenses arising out of your postings.
- You agree that, should you use the Service to send or receive voice communications, BlueSteam is not acting as a telecommunications carrier or telephone , that there is no representation made by BlueSteam as to the suitability of the Service for such use, and that all risk of connection, transmission quality, and accuracy of communications is solely on you, and that BlueSteam has no liability of any sort for the failure or lack of quality of such use of the Service.
- You agree to be liable for any damages or loss of service which results in damages to BlueSteam as a result of any spamming or other violations of the Grounds for Suspension and Termination section above. These damages include, but are not limited to, system shut downs, retaliatory attacks or data flooding, and loss of peering arrangements. You agree that BlueSteam may pursue any such claims against you in Court.
- You agree that in no event will BlueSteam have financial liability to you.
- Warranty – BlueSteam makes no express or implied warranties, including warranties of title, non-infringement, and warranties of merchantability or fitness for a particular purpose, regarding the service, or any software or other material available through the service, regardless of what you may have told BlueSteam about your intended use of the service. No oral advice or information given by BlueSteam or its employees shall create a warranty or otherwise alter the provisions of this section.
- The service and any software provided to you by BlueSteam are provided on an “as is, as available” basis; BlueSteam does not warrant that they will be error-free and/or uninterrupted, or that defects will be corrected. BlueSteam does not guarantee the security or back-up of any of your data which may be stored on the service.
- If a client is found reselling their hosting space to a third party, this will be grounds for suspension or termination. This is seen as direct competition to BlueSteam and can also harm BlueSteam’s reputation if BlueSteam’s client does not service their clients honorably.
Because the Internet is a global communication tool, and we have many clients it is difficult to dictate what is considered “adult material.” However, it is not our function to discriminate against those who choose to utilize adult content or adult related material. This being said, there are still several reasons why BlueSteam has been forced to create its no adult sites policy for its virtual server users.
What does BlueSteam consider “Adult Material?”
- Any site whose revenue is gained in part or whole from its adult content.
- Photos or videos showing frontal nudity on either men or women for non-scientific or non-artistic purposes.
- Revenue-generating hyperlinks to sites who violate policy #1.
Why does BlueSteam have this policy?
Bandwidth and Resources
A virtual server is a shared environment where many servers reside on each particular machine. This being said, consider that an average “adult site” gets more hits than 100 standard websites. Some of the smaller adult sites get around 5 GB of transfers per day. With these types of resources being utilized, our servers would be severely slowed if we allowed these high traffic sites to also reside on our servers. On top of that, we would be forced to raise our prices to pay for the additional bandwidth. We strive to keep our servers fast and inexpensive, and our bandwidth clear; therefore, adult sites are not an option.
BlueSteam reserves the right to decide what it considers “adult content”, “adult material”, “sexually explicit”, or “sexually related”. Let us know if you are unsure of the approval of your site before placing an order.
User may not:
- Use 10% or more of system resources for longer then 60 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
- Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.
- Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
- Run any software that interfaces with an IRC (Internet Relay Chat) network.
- Run any bit torrent application, tracker, or client.
- Participate in any file-sharing/peer-to-peer activities
- Run any gaming servers such as counter-strike, half-life, battlefield1492, etc
- Run cron entries with intervals of less than 15 minutes
- Resell any part of their web hosting space which could be deemed as direct competition to BlueSteam.
You may create your own backup of your account from your control panel however these may only be stored for up to 7 days. Please download archives to a local source and remove them from your account.
You understand and agree that while BlueSteam makes every effort to eliminate controversial, sexually explicit, or other material that may be offensive to you or users for whom you are responsible, BlueSteam has no responsibility for or control over such materials, and you take sole responsibility for using any available screening software or other methods of limiting access (specifically including the access of minors) to any material you may find objectionable.
BlueSteam will not provide names, addresses, telephone numbers, email addresses, or any other personally identifiable information on any Subscriber to any third party without prior permission from that Subscriber, or as required under an appropriate court or administrative directive, including a facially valid subpoena, or as necessary to render the Service. BlueSteam may provide aggregate data on Subscribers to third parties in the operation of BlueSteam business.
You agree that any dispute between you and BlueSteam arising out of your use of the Service on in any way based upon your subscription to and/or use of the Service which cannot be resolved between you and BlueSteam will be submitted by the aggrieved party for binding arbitration under the auspices of the South African and English law.
These Terms and Policies are governed in all respects under South African and English laws.
Cancellation requests must be submitted through the client area. To do this, Select the Services -> My Services menu items and click the View Details button next to the package you wish to cancel then click Management Actions -> Request Cancellation. You must then complete and submit the form. Choosing an immediate cancellation means your service will be terminated within 24 hours of submitting the form. It is your responsibility to ensure any payment subscriptions you have set up are cancelled. No other forms of cancellations are accepted. Cancellations must be submitted before the invoice for that billing cycle is due. Failure to do so will result in the invoice being due. Cancellation requests can only be submitted if the account has no due invoices.
- Only one voucher can be used per transaction.
- If the order value is lower than the value of the voucher, the remaining amount is lost.
- Discount vouchers are restricted to one per customer.
- Vouchers can be redeemed against the purchase of any Shared, Reseller or Dedicated service.