Blue World Media Ltd. - Acceptable Use Policy (AUP)

Use of Blue World Media Ltd. Service constitutes acceptance and agreement to Blue World Media Ltd.’s AUP as well as Blue World Media Ltd.'s TOS (Terms of Service) Blue World Media Ltd. reserves the right to revise, amend, or modify this AUP, our TOS (Terms of Service) and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our TOS (Terms of Service). All users of Blue World Media Ltd.’s Internet services, and their clients, must comply with this AUP and our TOS (Terms of Service).

We support the uncensored flow of information and ideas over the Internet and do not actively monitor subscriber activity under normal circumstances. Similarly, we do not exercise editorial control over the content of any web site, e-mail transmission, newsgroups, or other material created or accessible over or through the services, except for certain proprietary Web sites. However, in accordance with our TOS (Terms of Service), we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP. Blue World Media Ltd. may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. Your violation of this AUP may result in the suspension or immediate termination of either your Blue World Media Ltd. account or other actions as detailed below without notice, based upon the nature of the violation.

This document is intended to provide a basic understand of Blue World Media Ltd.'s Acceptable Use Policy. The following are guidelines for the establishment and enforcement of Blue World Media Ltd.'s AUP. If a Blue World Media Ltd. account violates this Acceptable Use Policy or our TOS, we reserve the right to terminate your service without notice. We prefer to advise customers of inappropriate behavior and any necessary corrective action, however based on the nature of the violation, could result in immediate termination of service.

The following constitute violations of this AUP:

· Illegal Activities: Blue World Media Ltd.'s services may not be used for illegal purposes, or in support of illegal activities. Blue World Media Ltd. reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.

· Harm or Endangerment to other people: You may not use Blue World Media Ltd.’s service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography, or use Blue World Media Ltd.’s service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.

· Forgery or impersonation: Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying infrmation is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.

· Unsolicited E-mail, News Bombing (SPAM) Use of the Blue World Media Ltd. service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Spam complaints will be sent to the e-mail address on file. Violations of this type will result in the immediate suspension of the offending website on the Blue World Media Ltd. server. Failure to respond to complaints within a 24 hour timeframe will result in the Blue World Media Ltd. abuse staff suspending the offending website or shared hosting account by whatever means necessary. Should the account become re-activated without the express written consent of Blue World Media Ltd.'s Abuse Department, the offending website or shared hosting account will be immediately terminated, and may result in suspension / termination of the server should the site and/or client re-appear on the server. Anyone hosting websites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server or web service immediately removed from our network. The server will not be reconnected until such time that you agree to remove any and all traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been completely removed. Severe violations may result in immediate and permanent removal of the server or service from our network without notice to the customer. Any client guilty of a second violation will be immediately and permanently removed from our network without notice. Malicious intent to impede another person's use of electronic mail services or news will result in the immediate termination of the offending Blue World Media Ltd. account.

· Copyright or trademark infringement: Use of the Blue World Media Ltd. service to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software. Use of the Blue World Media Ltd. service to collect, or attempt to collect, personal information about third parties without their knowledge or consent. Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.

· Network disruptions : Use of the Blue World Media Ltd. service for any activity which affects the ability of other people or systems to use Blue World Media Ltd. Services or the Internet. This includes "denial of service" (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. Blue World Media Ltd. will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data. Blue World Media Ltd., does not allow the hosting of IRC, IRC Bots, or eggdrops on our network. Servers found hosting this material will be subject to immediate cancellation without refund. Use of the Blue World Media Ltd. service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Blue World Media Ltd.'s or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending Blue World Media Ltd. account is subject to immediate termination.

· Security: You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server.

· Security Risk: Should any server or service become a security risk to our network, including, but not limited to: presumed compromised servers, outbound verified attacks, inbound recipient of an attack, spamming, illegal content, etc. Blue World Media Ltd. will attempt to contact the server owner and attempt to gain entry to the server with passwords on file. Should the passwords not be accessible to Blue World Media Ltd. staff, Blue World Media Ltd. reserves the right to attempt to gain immediate entry to the server by any means available to them.

· Network Security: Blue World Media Ltd. accounts operate on shared network resources. Excessive use or abuse of these resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in termination of your account.

REPORTING VIOLATIONS OF Blue World Media Ltd. AUP

Blue World Media Ltd. requests that anyone who believes that there is a violation of this AUP direct the information to the Abuse Department at abuseblueworldmedia.com if possible, please provide the IP address used to commit the violation, date and time of the violation, and evidence of the violation.

Blue World Media Ltd. - Terms of Service(TOS)

Use of Blue World Media Ltd.’s Service constitutes acceptance and agreement to Blue World Media Ltd.’s AUP (Acceptable Use Policy) as well as Blue World Media Ltd.’s TOS (Terms of Service). From herewith in this TOS, AUP, and SLA, the usage of “us”, “we”, “our”, “ours” shall constitute reference to Blue World Media Ltd., the usage of “you”, “your”, “they”, “them” shall refer to client / customer of Blue World Media Ltd..

Acceptance of Contractual Agreement

1. Client agrees that by placing an order either by means of electronic ordering (such as email or a web order form) or submitting a written contract, and receipt of such order by Blue World Media Ltd., that you are agreeing to our TOS, AUP, and SLA. No Modifications of said contract by customer is allowed.

2. Blue World Media Ltd. will provide, and Customer will purchase and pay for, the Services, and service fees specified in the Order for the applicable Service Description. Customer acknowledges that the service, and service fees have been communicated to the customer, and that they are aware of all applicable charges as per contract, AUP, SLA, and TOS. Customer also understands that any promotional offers unless specified in contractual terms will not be applicable to their individual service.

3. In connection with any Hosting Services, if Customer's actual bandwidth usage in any month exceeds allotted amount, specified in Customer's contract, Customer will pay Blue World Media Ltd. any additional fees as specified in the Service Description within seven (7) days of invoicing period. Any Bandwidth overage bill not paid within seven (7) days of invoicing will be subject the server and/or services to suspension.

Payment:
Establishment of this service is contingent upon receipt of payment from Customer to Blue World Media Ltd.. Subsequent payments are due on the anniversary date of the month for that month’s service, unless customer requests all monthly payments to be consolidated to one specific billing date. Any additional services relative to a primary hosting account, will be prorated to the primary hosting account’s monthly recurring billing date, along the following guidelines of prorating methodology: (total monthly fees/ 30) * number of days to monthly recurring billing cycle. Any setup fees will be charged full setup fee pricing, and are applied at time of initial request of such services.

Payments and Fees:
Payment is due on the defined monthly recurring billing date of each month. Credit cards that are declined for any reason are subject to a £20.00 declination fee. Service will be interrupted on accounts that reach 10 days past due. Service interrupted for nonpayment is subject to a £200.00 reconnect charge. Accounts not paid by due date are subject to a £20.00 late fee. Accounts that are not collectable by Blue World Media Ltd. will be turned over to an outside agency for collection. If your account is turned over for collection, you agree to pay the company a “Processing and Collection” Fee of not less than Fifty(£50.00) pounds.

Delinquent Accounts:
Blue World Media Ltd. may temporarily deny service or terminate this Agreement upon failure of Customer to pay charges when due. Such termination or denial will not relieve Customer of responsibility for the payment of all accrued service fees, or any collection fees.

Delinquent Reseller Accounts:
Should your reseller account become delinquent, and payment not made to Blue World Media Ltd., resulting in a suspension of service you will have 48 hours to make restitution for the delinquent balance. Any account left unpaid after 48 hours of suspension and reseller not contacting the Blue World Media Ltd. billing department to resolve the issue will allow for the reseller's client to be able to purchase the server directly, and assume financial responsibility from that point forward. The balance must be paid entirely by the client prior to lifting the service suspension. Resellers shall not hold Blue World Media Ltd. responsible for failure to appropriately pay their invoices in a timely manor set forth in your original contracts.

Account Cancellation:
All requests for cancelling any service / services must be made in writing with at least 30 days notice before their renewal date. Confirmation Receipt of cancellation will be sent within 3 working days of our normal cancellation department hours of 9AM to 5PM (UK) Monday - Friday

Refunds and Disputes:
All payments to Blue World Media Ltd. are non-refundable. This includes any set-up fees and monthly fees regardless of usage. All billing disputes must be reported within 30 days of the time the dispute occurred. Disputed charges to your credit card issuer, also known as charge backs, in Blue World Media Ltd.’s discretion which is valid, under the terms and conditions of our SLA, AUP, and TOS, will result in service interruption, and reconnection fees to restore the desired service.

Blue World Media Ltd. - Service Level Agreement(SLA)

For Shared Server Clients:

Blue World Media agrees to provide Shared Server Hosting from the date agreed by the parties for the Website under a SLA of 98% subject to these terms and conditions.

Shared Server Clients are only entitled to transfer a maximum of 1 Gigabyte of data per month without incurring any additional charges. Any transfer in excess of this figure will result in a charge of £25 per 1 Gigabyte or any part thereof of data transferred per month. Payment is expected within 7 days following receipt of a valid invoice for VAT

Blue World Media may from time to time recommend an upgrade from a Shared Server Solution to a Dedicated Server solution. Such recommendation shall be presented to the Client in writing and accompanied by qualifying data, appropriate and reasonable implementation schedule, and costs. Any failure to adopt a Dedicated Server Solution following said recommendation within the reasonable implementation schedule specified shall render the applicable SLA null and void for the purposes of the Shared Server Hosting contract.

Unless Blue World Media receive notice in writing from the Client terminating the Shared Server Hosting contract at any time prior to the renewal date, the Client will be deemed to renew the contract at the end of the twelve-month period and be subject to the terms and conditions referred to herein.

The Client agrees not to perform any action, which will result in the reduced performance of the Blue World Media Shared Server to the detriment of other Shared Server Customers.

The Client agrees not to use Blue World Media's servers to send unsolicited or Spam e-mail to other Internet users. Failure to satisfy this condition will result in the termination of the contract.

Applicable charges for Shared Server Hosting shall be as per 6.1 of Blue World Media Ltd. Terms and Conditions

The Shared Server Hosting Contract shall continue from the date agreed by the parties for a period of at least 12 calendar months, unless otherwise agreed in writing and will be subject to termination under Sections 7 and 8 of Blue World Media Ltd. Terms and Conditions

For Dedicated Server Clients:

Blue World Media agrees to provide Dedicated Server Hosting from the date agreed by the parties for the Website under a Service Level Agreement of 98% subject to these terms and conditions.

Any Server hardware, software or licenses provided by Blue World Media in order to fulfil the Dedicated Server Contract shall remain the property of Blue World Media at all times unless otherwise stated in a written Quotation signed by the acting Managing Director of Blue World Media.

Physical Access to any server hardware, software or licenses shall not be granted to the customer during the term of the contract and beyond except where the customer wishes to acknowledge the existence of the Dedicated Server and then this shall only be granted by personal appointment only.

Unless Blue World Media receive notice in writing from the Client terminating the Dedicated Server Hosting contract at any time prior to the renewal date, the Client will be deemed to renew the contract at the end of the twelve-month period and be subject to the terms and conditions referred to herein.

The customer agrees that they will not have administrative access to the Dedicated Server to perform functions, which could jeopardize the uptime of the Dedicated Server and not allow Blue World Media Ltd to fulfil its obligations under the SLA.

Blue World Media may from time to time recommend an upgrade to the Dedicated Server. The nature of said upgrade shall be presented to the Client in writing and accompanied by qualifying data, appropriate and reasonable implementation schedule, and costs. Any failure to adopt said upgrade within the reasonable implementation schedule specified shall render the applicable SLA null and void for the purposes of the Dedicated Server contract.

The Client agrees not to use the Dedicated Server to send unsolicited or Spam e-mail to other Internet users. Failure to satisfy this condition will result in the termination of the contract.

Applicable charges for Dedicated Server Hosting shall be payable in advance.

The Dedicated Server Hosting Contract shall continue from the date agreed by the parties for a period of at least 12 calendar months, unless otherwise agreed in writing and will be subject to termination under Sections 7 and 8 of Blue World Media Ltd. Terms and Conditions.

Dedicated Servers is defined as servers that are rented to Clients. This service is to provide the clients with knowledge and overview of the server. From time to time security updates, patches, kernel upgrades, and System Administration may be performed free of charge. In addition to these services System Administrator may make recommendations to improve the overall performance, security, and updates to the service. At the sole discretion of the System Administrator any installation, configuration, or tuning of the server may be considered billable, and you will be notified and requested to approve any additional charges. Any Support not included with your dedicated server, will be subject to a £80 an hour labour fee, billed in ½ hour increments during office hours between 9:00am –5:00pm (UK) After-hours support will incur a £150.00 an hour labour fee, billed in ½ increments in effect from 5:01pm – 8:59am (UK) Blue World Media Ltd. will not perform maintenance, security checks, or management without client initiating such request. Blue World Media Ltd. does not take responsibility for the overall security of servers.

Co-Location Services is defined as servers that are property of the Clients, renting; rack space, bandwidth, and Ethernet ports from Blue World Media Ltd.. Client is responsible for supplying replacement parts, and software media. Blue World Media Ltd. may provide such hardware in requested situations, but is not liable to provide such equipment in any specific timeframe, unless agreed upon by approved Blue World Media Ltd. representatives. All services performed on the Clients servers are subject to and a £80.00 an hour labour fee. Blue World Media Ltd. does not take responsibility for the overall security of servers.

Network Uptime is the total time in a calendar month that Blue World Media Ltd. network is available through the Internet, provided that Client has established connectivity. Blue World Media Ltd. takes responsibility for Network availability within their network, however, we cannot be held liable for upstream problems, outside of our network. Our guarantee is that our Network will be available to clients free of Network Outages, that render 100% packet loss, 98% of each calendar month

Network Outages or Unscheduled Downtime is any unplanned or unscheduled interruption in Service availability during which Client is unable to access the services as described in the section titled “Network Uptime” above. A Network Outage is defined as a period in which 100% packet loss to our network is experienced, which is determined to have been caused by a problem in Blue World Media Ltd.’s Network as confirmed by Blue World Media Ltd.. Downtime or outages are measured as the total length of time of the unplanned interruption in service availability in a calendar month.

Scheduled Downtime is any Blue World Media Ltd. scheduled interruption of Services, for the purpose of network upgrades, or replacement of any equipment in order to provide for you better service. Scheduled downtime occurs during notified downtime periods, with as much advance warning as possible via e-mail. 

SLA Network Violation Credit occurs when our network uptime guarantee is not met. Blue World Media Ltd. will refund the customer 5% of the monthly fee for each hour of downtime (up to 100% of your monthly fee) for network downtime. Network downtime is measured from the time the network is 100% unreachable, until service is once again restored. In order to request a performance credit, you must e-mail our sales department, within 10 days of reported violation, at: support©blueworldmedia.com . SLA violations will be reviewed by our personnel Monday - Friday 9AM to 5PM (UK) and applied on the 1st business day of the next month. Network violation SLA credit does not cover server hardware failure.

· Performance Credit exclusions: The following are excluded from the monthly calculation of Service Availability:  · Scheduled downtime · Problems outside of Blue World Media Ltd.’s network (upstream providers, or client’s inbound connection) not effecting 100% loss to our network · Interruptions or failure of individual service caused by client, their employees, client’s customers, etc. to their service. These include inaccurate configuration, 3rd party software, client abuse or over utilization of resources, hacked servers, attacks, exploits, or server hardware failures. 

Server Hardware for Dedicated, or Co-Located ServersHardware is defined as the Processor(s), RAM, hard disk(s), motherboard, NIC card and other related hardware included for Dedicated Servers, and switches for Co-Located Servers, unless client provides their own switch.

· Performance Credit exclusions: The following are excluded from the monthly calculation of Service Availability:

·Scheduled downtime

· Interruptions or failure of individual service caused by client, their employees, client’s customers, etc. to their service. These include inaccurate configuration, 3rd party software, client abuse or over utilization of resources, hacked servers, attacks, exploits, or server hardware failures.

Replacement is defined as returning the server to original configuration when it was purchased. If hardware failure causes corrupted Operating System, Data Files, or Configuration of server, Blue World Media Ltd. will restore the system to original state.

Blue World Media Ltd. is not responsible for the restoration of data to server. We strongly recommend that your purchase backup options for your server, and keep copies of your data off-site with you for emergency purposes. If hardware failure and data loss occurs, you the client are responsible for data restoration. Blue World Media Ltd. shall not be liable for loss of data under any circumstance.