Terms of Use

30 Day Money Back Guarantee/Refunds

The 30-day money back guarantee is not a trial. It's a guarantee of service that we had promised you. If you have become unsatisfied with our services with the first 30 days due to "service that we promised you but did not provide", Blue Earth Media Inc. will refund your hosting fee. If the issue is related to something that we did not promise you to provide then this 30-day money back guarantee will not apply.

Account Activation

By activating your account with Blue Earth Media Inc., you agree to the above policies and disclaimer. Upon requesting account activation, you are required to accept these policies, guidelines, and disclaimer and a copy of your acceptance is forwarded along with your activation request to be maintained within your account information.

Notice: If you sign up for an account and do not follow our terms, no refunds will be given. We will however let you know by e-mail or phone before any action is taken place and you will have a chance to solve the matter.

Background Programs

We do not install or allow any programs required to run through root access on the servers. Most scripts can be run through the users own account and does not require root access. If at any time you are trying to install programs that require root access to any machine then you will need to upgrade to a Virtual Private Server or dedicated server.

Backups

Any site that is over 1GB of data will not be backed-up. Compressing the files, copying and extracting took too much CPU resources thus crashing the server and causing problems for everyone. Anything under 1GB will be backed up as usual every 3 - 5 days. We also suggest that you backup your site as often as you see fit just in case there is some sort of corruption in our backup servers and we cannot retrieve the information properly. Blue Earth Media Inc. will not be responsible for any loss data.

Billing

All prices are in Canadian Dollars
All terms are due up front

Recurring Billing: If you do not want to renew your account please cancel the account on or before the renewal date. Cancellations must be done by e-mail and sent to support @blueearth.ca.

Non-Payment: It is the client's responsibility to ensure that they have sufficient credit to cover this transaction. In the event that there is insufficient credit, as a courtesy we will send an e-mail notification at which point we will need to be provided with another means of payment within 48 hours. If we do not receive a response within 48 hours the account will be deactivated and any accounts under that account plan.

Account Deactivation: Any account deactivated due to non-payment must contact the billing department to reactivate it. We cannot guarantee that your account will be activated or that the data will be fully intact for overdue accounts.

Cancellations

If you do not wish to renew your account please cancel the account before the renewal date. The 30-day money back guarantee only applies for the first 30 days of service not the first 30 days of the renewal date.

Disclaimer

Blue Earth Media Inc. cannot be held liable for system downtime, system crashes, or data loss. Nor can we be held liable for any estimate of profits in which a client would have gained if their site were functioning. Blue Earth Media Inc. holds no responsibility for the use of our client's accounts. If any terms or conditions fail to be followed, the account in question will be automatically deactivated.

Furthermore

Blue Earth Media Inc. retains the right to change any or all of the above Policies, Guidelines, and Disclaimers without notification.

Limitation of Liability

Blue Earth Media Inc. shall not be responsible for any claimed damages, including incidental or consequential damages, which may arise from our servers going off-line or being unavailable for any reason whatsoever. Furthermore, Blue Earth Media Inc. shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from any corruption or deletion of any web site from one of our servers. All damages shall be limited to the immediate termination of service. Blue Earth Media will not be held accountable for anything in regards to domain name transfering and registrations. Blue Earth Media will attempt to do transfers and registration however we cannot guarantee the transfer or registration of any domain name.

Violations of these acceptable user Policies should be referred to blueearth.ca. All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation.

Refusal of Service

We reserve the right to refuse, cancel, or suspend service at our sole discretion.

Server Abuse

Any attempt to undermine or cause harm to a server or customer is strictly prohibited.

Traffic Usage

All account plans come with a predetermined amount of traffic allowance. We monitor all accounts and bill $8.00CAD for each gigabyte of traffic exceeded.

Spamming, or sending of unsolicited e-mail, from any of our servers or using an e-mail address or domain that is maintained on our server machine as reference is strictly prohibited. Blue Earth Media Inc. will be the sole arbiter as to what constitutes a violation of this provision.

Web Content

Storing, transmitting, or presentation of any information, data or material in violation of any Canadian Federal, Provincial or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute.

Web Sites that promote any illegal activity or present content that may be damaging our servers or any other server on the Internet is prohibited. Links to such materials are also prohibited.

Examples of unacceptable content or links: Pirated software hacker programs or archives, any Site that consumes more then 10% of system resources for a long period of time.