Terms and Conditions

Terms & Conditions

Updated July 31th 2015

The use of services from Blue Oak Interactive, LLC [hereafter referred to as "Blue Oak Interactive"] constitutes agreement to these terms.

1.) Email Address on File

The email address that we have on file will be the primary form of communication to you. It is your responsibility to ensure the email address on file is current or up to date at all times. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. If Blue Oak Interactive manages your domain name, it is your responsibility to ensure that the contact information for your domain account and your actual domain name(s) is correct and up-to-date. You can check this information on http://whois.net/. If your domain is protected by “WhoisGuard” you can contact Blue Oak Interactive at any time to verify that the information on file is accurate. Blue Oak Interactive is not responsible for a lapsed registration due to outdated contact information being associated with the domain.

2.) Third Party Providers

All transactions with third party providers are solely between the visitor and the individual provider. Blue Oak Interactive is not the agent, representative, trustee or fiduciary of you or the third party provider in any transaction. Some products provided by Blue Oak Interactive are provided under license with vendors, and the use of any such third party products will be governed by the applicable license agreement, if any, with such third party.

All discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. All transactions with third party providers are subject to the terms and conditions under which the provider agrees with you to provide the goods or services. You should confirm the terms of any purchase and/or use of goods or services with the specific provider with whom you are dealing.

We do not make any representations or warranties regarding, and are not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers.

3.) Content

All services provided by Blue Oak Interactive may only be used for lawful purposes. The laws of the State of North Carolina, the State of California, the State of Texas, the State of New York, and the United States of America apply. The customer agrees to indemnify and hold harmless Blue Oak Interactive from any claims resulting from the use of our services.

Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of anothers copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe that your copyright or trademark is being infringed upon, please email [email protected] with the information required.

4.) Backups and Data Loss

Blue Oak Interactive backup service is provided to you as a courtesy. Blue Oak Interactive is not responsible for files and/or data residing on your account. Our backup service runs once a night and backups are retained based on available resources. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Blue Oak Interactive servers. If you would like a backup service setup that sends your files to an offsite location (ie: DropBox), Blue Oak Interactive can set this up, but you are responsible for the backups.

5.) Cancellations and Refunds

Blue Oak Interactive reserves the right to cancel, suspend, or otherwise restrict access to the account at any time with or without notice.

Exchange rate fluctuations for international payments are constant and unavoidable. All refunds are processed in U.S. dollars, and will reflect the exchange rate in effect on the date of the refund. All refunds are subject to this fluctuation and Blue Oak Interactive is not responsible for any change in exchange rates between time of payment and time of refund.

Customers may cancel at any time via a cancellation form. Blue Oak Interactive gives you an unconditional 45 day money back guarantee on hosted services for any customer who paid the first invoice with a credit card or with Paypal. Cancellations requested after the initial 45 days for hosted service accounts will go into effect on the renewal date for that particular hosting package. Unless specifically requested, the account will remain active until the period expires. If the account is eligible, any request for a refund outside of the initial 45 day period will be given on a prorated basis with any previous extended term discount withheld. Refunds are to be determined once the account has been canceled. Payments older than 60 days may require a refund via PayPal or mailed check due to our merchant account policies and procedures.

There are no refunds on administrative fees, install fees for custom software or software/website development services. Refund requests for .com, .net., and .org domain names (made within the 45 day money-back guarantee period) will have the common market value subtracted for those tld's. Any ccTLD's domain name purchases are non-refundable. Please note that domain refunds will only be considered if they were ordered in conjunction with a hosting package. Eligibility of said refunds will be determined at the time of cancellation.

Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, canceled and signed up again, you will not be eligible for a refund or if you have opened a second account with us. Violations of the Terms of Service will waive the refund policy.

6.) Resource Usage

User may not: 1) Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc. 2) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD. 3) Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers. 4) Run any software that interfaces with an IRC (Internet Relay Chat) network. 5) Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers. 6) Participate in any file-sharing/peer-to-peer activities 7) Run any gaming servers such as counter-strike, half-life, battlefield1942, etc 8) Run cron entries with intervals of less than 15 minutes. 9) Run any MySQL queries longer than 15 seconds. MySQL tables should be indexed appropriately. 10) When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include("http://yourdomain.com/include.php") use include("include.php") 11) To help reduce usage, do not force html to handle server-side code (like php and shtml). 12) Only use https protocol when necessary; encrypting and decrypting communications is noticeably more CPU-intensive than unencrypted communications. If your account is exceeding our Resource Usage policy limits we may temporarily suspend your account to prevent it from affecting other customers.

7.) Backup Limit

Any hosted service account using more than 20 gigs of disk space will be removed from our off site weekly backup with the exception of Databases continuing to be backed up. All data will continue to be mirrored to a secondary drive which helps protect against data loss in the event of a drive failure.

8a.) Money back Guarantee

Each of Blue Oak Interactive’s hosting packages carry a 45 day unconditional money back guarantee on them. If you are not completely satisfied with our services within the first 45 days of your service, you will be given a full refund of the contract amount. Remember, this is only for monthly shared or reseller packages and does not apply to administrative fees, install fees for custom software, software/website development, or domain name purchases.

9b.) Uptime Guarantee

If your account has a physical downtime that is not within the 99% uptime you may receive up to one month of credit on your account. Approval of the credit is at the discretion of Blue Oak Interactive dependent upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please contact [email protected] with justification. All requests must be made in writing via email. Uptime guarantees only apply to website hosting solutions.

10.) Price Change

The amount you pay for hosting has been determined based on your specific website needs. If these requirements change, a price increase may be justified. Any price increase will be discussed with you 45 days in advance and must be approved before the increase is applied to the account. This increases are associated with our Resource Usage policy.

11a.) Indemnification

Customer agrees that it shall defend, indemnify, save and hold Blue Oak Interactive harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Blue Oak Interactive, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Blue Oak Interactive against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Blue Oak Interactive; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from Blue Oak Interactive server.

11b.) Arbitration

By using any Blue Oak Interactive services, you agree to submit to binding arbitration. If any disputes or claims arise against Blue Oak Interactive or its subsidiaries, such disputes will be handled by an arbitrator of Blue Oak Interactive’s choice. An arbitrator from the American Arbitration Association or the National Arbitration Forum will be selected in the state of North Carolina. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator's award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. You are also responsible for any and all costs related to such arbitration.

12.) Disclaimer

Blue Oak Interactive shall not be responsible for any damages your business may suffer. Blue Oak Interactive makes no warranties of any kind, expressed or implied for services we provide. Blue Oak Interactive disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Blue Oak Interactive and its employees or contractors.

13.) Disclosure to law enforcement

Blue Oak Interactive may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.

14.) Severability

The provisions of this Agreement are separate and independent covenants, and the invalidity or non-enforceability of any section shall in no way affect the validity or enforceability of the others.

15.) Changes to the TOS

Blue Oak Interactive reserves the right to revise its policies at any time without notice.