Terms and Conditions | Blue Oak Interactive

Terms & Conditions Updated September 23, 2026

These terms cover hosting, application development, consulting, and backups from Blue Oak Interactive, LLC [hereafter referred to as "Blue Oak Interactive"].

The use of those services constitutes agreement to these terms. If no written agreement covers services described on an invoice, requesting those services, or paying that invoice, is also agreement to these terms.

Sections 1 through 15 apply to hosted services, including the backup that comes with a hosting account. Sections 16 through 23 apply to application development, consulting, and backup services where no written agreement covers those services. If a written agreement covers the services, that agreement controls, and these terms do not change it.

A revision posted under section 15 applies to services requested or invoiced after it is posted. It does not rewrite services already invoiced, and it does not change a written agreement.

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 Blue Oak Interactive is not responsible for a lapsed registration due to outdated contact information being associated with the domain.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 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. Violations of the Terms of Service will waive the refund policy.

6.) Resource Usage

User may not:

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.
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 type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
Run any software that interfaces with an IRC (Internet Relay Chat) network.
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.
Participate in any file-sharing/peer-to-peer activities.
Run any gaming servers such as counter-strike, half-life, battlefield1942, etc.
Run cron entries with intervals of less than 15 minutes.
Run any MySQL queries longer than 15 seconds. MySQL tables should be indexed appropriately.
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").
To help reduce usage, do not force html to handle server-side code (like php and shtml).
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.

16.) Written agreements control

If you have a written agreement with Blue Oak Interactive that covers the services on an invoice, that agreement controls. These terms apply only where no written agreement covers those services. Payment of an invoice is not an amendment of a written agreement. Terms on a purchase order, vendor portal, or other form you send do not amend a written agreement or these terms. A change to these terms under section 15 does not change a written agreement, and it does not change services already invoiced.

17.) Application development

This section applies to application development, including website and software development, where no written agreement covers that work.

The description on the invoice, or the written request you approved, is the work that invoice covers. Work beyond that description requires written approval. Email is enough. Blue Oak Interactive is not obligated to accept additional work.

You own your content, your data, and your existing code. On payment in full of the invoice, you own the work product Blue Oak Interactive created for you and described on that invoice. Until then, Blue Oak Interactive retains it. Pre-existing materials, tools, and infrastructure stay Blue Oak Interactive's. You receive a license to use those materials only as needed to use the paid work product.

Third-party software, fonts, hosting, and licenses are yours to buy unless the invoice says Blue Oak Interactive will buy them and bill you. Open source components stay under their own licenses. Blue Oak Interactive will not add a component that requires you to publish your own source unless you approve that component in writing.

Application development has no uptime commitment and no money-back guarantee unless the invoice says so. Sections 4, 5, 6, 7, 8a, and 9b do not apply to development work except where Blue Oak Interactive is also providing hosted services for that account. There is no warranty on development work unless the invoice states one.

18.) Consulting

This section applies to consulting, including advice, administration, and recommendations, where no written agreement covers that work.

The description on the invoice is the consulting that invoice covers. Consulting is not a guarantee of a particular business, technical, or legal outcome. Blue Oak Interactive does not provide legal advice.

Deliverables described on the invoice transfer under section 17 on payment in full. Advice that is not a deliverable described on the invoice does not transfer as work product.

Consulting has no uptime commitment and no money-back guarantee unless the invoice says so. Sections 4, 5, 6, 7, 8a, and 9b do not apply to consulting.

19.) Backup services

Sections 4 and 7 are the only backup terms for a hosted service account. That backup is a courtesy. It runs once a night and is retained based on available resources. An account using more than 20 gigs of disk space is removed from the off-site weekly backup, except that databases continue to be backed up. That backup is not a promise that a file can be restored, and it is not a promise of how long a copy is kept.

You are responsible for your own copies of files and data, whether they sit on a Blue Oak Interactive server, on a system you own, or with a third party.

If Blue Oak Interactive sets up a backup that sends files to an account you own, including Dropbox or a similar service, that account is yours. You are responsible for that account, for the provider's terms, and for whether the copies are complete.

A backup described on an invoice is limited to what the invoice states: what is copied, how often, where it is stored, and how long it is kept. If the invoice does not state those, the service is a best-effort copy of the items named on the invoice. It is not a recovery guarantee, and it does not promise a restore time.

Application development and consulting do not include a backup of your systems unless the invoice says so. Sections 4 and 7 do not apply to a backup of a system Blue Oak Interactive does not host.

20.) Invoices and payment

This section applies to application development, consulting, and backup services billed by invoice, where no written agreement covers those services. It does not change the billing of a prepaid hosting package.

Blue Oak Interactive may send an invoice to the email address on file. Unless the invoice states a different due date, payment is due 30 days after the invoice date. Amounts unpaid more than 45 days after the invoice date accrue a late charge of 1.5% per month, or the highest rate allowed by law if lower. If an invoice covered by this section is unpaid more than 45 days after the invoice date, Blue Oak Interactive may stop those services on 10 days written notice. You are responsible for reasonable collection costs.

The amount on the invoice is the price of the services. It is not a reimbursement of internal cost, staffing, or labor. Blue Oak Interactive determines the methods, tools, systems, and resources used to perform the services, including automation.

21.) Tools and service providers

This section applies where no written agreement covers the services.

Blue Oak Interactive chooses the methods, tools, systems, and service providers used to perform services. That includes source control, hosting, deployment, email, backup, automation, and development tools, including tools that process text with a model.

You authorize that use. You authorize Blue Oak Interactive to place materials needed to perform the services with those providers. Your approval of each provider is not required. A provider's own terms govern that provider's handling of the materials. Placing information on a system you own or that you contract for is not a disclosure by Blue Oak Interactive.

Blue Oak Interactive will not place personal data on a development tool except on your written instruction.

Use of a provider under this section is not a breach of section 22. This section controls over section 2 for providers Blue Oak Interactive uses to perform services for you.

22.) Confidentiality

This section applies where no written agreement covers the services.

Each party will use the other party's non-public business information only to perform or receive the services, and will not disclose it except to people who need it for that purpose and are bound to keep it confidential. This duty lasts for five years after the invoice date. It does not cover information that is public through no fault of the receiving party, already known without a duty to keep it confidential, or independently developed.

Section 13 still applies. Section 21 is not a breach of this section.

23.) Liability for development, consulting, and backups

This section applies where no written agreement covers the services.

If no written agreement covers the services, Blue Oak Interactive's total liability for those services is limited to the amount you paid on the invoices that gave rise to the claim. Blue Oak Interactive is not liable for lost profits, lost data, or business interruption. Section 12 still applies. If a court will not enforce section 12, this limit is the fallback.

Sections 5, 8a, and 9b do not apply to application development, consulting, or a backup of a system Blue Oak Interactive does not host.