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Terms and Conditions of Service


This document is provided as a quick reference and explanatory guide to our policies. The language contained within is not to be construed as legally binding; merely as descriptive guide of the contents of the fully-worded service agreement document.

Illegal Content

Files that violate copyright or other federal laws are grounds for instant termination of service. This expressly includes:

- Copyrighted Software ("Warez")
- Copyrighted Media (MP3 files of commercial recordings, etc)
- Proprietary Computer information (e.g. stolen password files)

- Abuse & Illegal Activities

Any incident of server abuse is grounds for immediate and unconditional account termination. Common examples of abusive practices are listed below and BLERB.COM reserves the right of interpretation as to what constitutes abusive practices. In short - if you are unsure that your actions may be perceived as an abuse of service, contact BLERB.COM directly to check with us before proceeding.

Ignorance of the consequences of your actions will not protect you from liability.

You will be charged a $200.00 site clean-up fee for any abuse of the terms listed below PLUS, ALL TIME AND RESOURCES TO TRACK AND TRACE ABUSE WILL BE BILLED AT BLERB.COM (Server Provider) $40.00 PER HOUR RATE x3 (TRIPLE DAMAGES).

Examples of, but not limited to, are:

Email abuse - Unsolicited Commercial Email ("Spam") is implicitly forbidden. UCE costs us time and money, and using our equipment in this way will be treated like it is - illegal theft of service. In many states, sending spam to people without their permission is a felony punishable by law now.

Trafficking of illegal content - in the same way that storing illegal content on your account is banned, likewise is the utilization of your account to traffic illegal content, by any means or method, it must not reside on nor pass through a Our servers.

IRC sessions - Using BLERB.COM's servers to run an Internet Relay Chat [IRC] session is grounds for immediate termination. This includes the use of BNC and other redirection servers to indicate a source address on any BLERB.COM's server. Running IRC from our servers makes them targets for attack. Bluntly put, you are not paying us enough to act as a human shield for your IRC wars. Don't run IRC sessions, IRC bots, IRC servers or IRC proxies. We will give no warning before terminating this activity and the account responsible.

Hacking / Denial of Service - Network activity that constitutes an attack on any internet host from a BLERB.COM server is grounds for immediate termination of likely prosecution. In short - don't do it, because we wont stand by and watch it happen.

- Site Backups

While we maintain regular backups of user data, in preparation for the inevitable event of hardware failure, we have some specific rules regarding the purpose and use of these backups: as a rule of thumb - BLERB.COM is not a paid online backup service. There are actual online services out there, that will guarantee the integrity of your data on their repository. It is not recommended that you use your BLERB.COM account as a backup service for your data. We provide web-serving services - your disk space quota is there for files to be served up as a website, it is not intended as a permanent repository for such data. This policy manifests itself in the following example scenarios:

No restoration of files deleted by users - This policy is, admittedly, draconian at first impression. The reality of the matter is that we cannot provide restoration of files specifically deleted by users, accidentally or otherwise. The reasoning behind this is founded in the time involved in restoring single files from tape archives - backup tape is slow, and the time involved in restoring a single file can run into hours. During this time, no updating of archives can occur - this ages the data on tape in relation to the current information stored on the servers, placing much more information at risk of permanent loss.

Backups for rapid restoration only - the backup operates with the goal of rapid server restoration in the event of hardware failure, and the retention of dynamic data [e.g SQL databases]in the face of such events. What this means to you directly is always keep your own copy of your website - the service we provide is to serve web pages, and not to act as backup server for your data. The backup system operates to maximize site availability in the face of catastrophe.

- User Processes

Excessive resource usage - cgi scripts or other executable code that consumes an undue amount of CPU time [more than 10 minutes per hour of CPU time] will be reprioritized if possible, or we will ask you to discontinue its use either permanently or the script is altered by yourself or third party to operate in a less resource-hungry manner. Failure to cease operator of the offending executable will be considered as server abuse.

Background processes - background process [that is, application or utilities that are started from within an interactive shell login, and se to run permanently in the background on a server] are not to be initiated without prior arrangement with use. Generally, we accept background processes, so long as they do not openly break one of our other policies - we do however reserve our right to examine all code before it runs on our hardware.

Compiling - User rights to access compiler software is available upon request and arrangement. Once again, we choose to examine any code that is compiled and executed from our hardware. If you need access to the CP compiler, please contact us describing your need for access.

- Support Restrictions

Areas we do not support - BLERB.COM will make efforts support information for configuring popular network/web software to use internet services. However we can in no way specifically test every piece of software that could conceivably be utilized with our systems, only provide general system-related information.

The offer of any particular service does not constitute an obligation on BLERB.COM's part to tutor the necessary skills to utilize that service, only to provide system-specific information.

Domain/DNS problems - in many situations, problems with domain names/DNS issues are NOT directly the responsibility of BLERB.COM. DNS is a cooperative system and works solely because the parties involved in running the system agree to cooperate in the furtherance of the DNS/domain system. We will do our best to isolate the source of the problem at hand, however unless this source is hardware directly under the control of BLERB.COM, then the task of acquiring a solution will fall back into your hands. BLERB.COM will advise when requested, but rarely intermediate in domain issues not directly related to the operation of one of our DNS servers.

- Payment Policies

All accounts are set up on a pre-pay basis. BLERB.COM reserves the right to change prices at any time, unless other terms have been agreed upon. Any account not brought current within a week (7 days) of e-mail notice or exceeding this time frame in any way is subject to suspension. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies BLERB.COM at sales@BLERB.COM to request for termination of services. All payment is in U.S. currency.

Cancellation

BLERB.COM reserves the right to cancel service at any time. All fees paid in advance of cancellation will be pro-rated and paid by BLERB.COM if BLERB.COM institutes it's right of cancellation. Any violation of policies which results in extra costs will be billed to the customer (i.e. transfer, space, spamming, etc...)

All of BLERB.COM web hosting plans are backed by a 30 day money back guarantee. If you are not completely satisfied with our services or support within the first 30 days of your contract, you will be given a full refund of the contract amount. No refund is available after the 30th day. This policy does not apply to any additional services such as overages, referrer logs, real audio/video, additional disk space, additional pop accounts, etc. Due to security concerns, all account cancellations must be done via sales@BLERB.COM. Refunds will be issued back to your credit card within 30 days of receipt of cancellation.

Lawful Purpose

BLERB.COM reserves the right to refuse service to anyone. Customers may only use BLERB.COM server for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. The designation of any materials as such described above is left entirely to the discretion of BLERB.COM management. Regardless of the place of signing this agreement, the client agrees that for purposes of venue this contract was entered into in Worcester County, Massachusetts, and any dispute will be litigated or arbitrated in Worcester County, Massachusetts.

Indemnification

CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD BLERB.COM HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST BLERB.COM, 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, IT'S AGENTS, EMPLOYEES OR ASSIGNS. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS BLERB.COM AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH BLERB.COM SERVER; (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 CUSTOMER FROM BLERB.COM SERVER.

Disclaimer

BLERB.COM WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. BLERB.COM MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. BLERB.COM DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY BLERB.COM AND ITS EMPLOYEES. BLERB.COM RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME.