Introduction

Blue Spirit Hosting agrees to provide and furnish services to the Customer, subject to the following Terms of Service (ToS). Use of the BSH service constitutes acceptance and agreement to our Terms of Service (ToS). We reserve the right to make changes to the provided Terms of Service (ToS) as needed, without notice to our clients.

I. Delivery of Services and Terms

Customer agrees to pay Blue Spirit Hosting the fees charged by BSH for (i) the Service(s) during the Initial Term and for any Renewal Term, and (ii) certain limited services and equipment needed by Customer on a “one-off” or emergency basis (“Supplemental Services”) where such services are not included within the scope of the Services as described in the Order Form(s). Customer agrees to pay Blue Spirit Hosting the fees charged by BSH for Supplemental Services, and hereby authorizes Blue Spirit Hosting to perform such services on its behalf.

II. Use of Blue Spirit Hosting services

To ensure the integrity and efficiency of all services provided by Blue Spirit Hosting, all Customers must abide to the service terms described below.

A. Server space and bandwidth

Customer may only occupy the allocated disk space, bandwidth, and Mbps speed, as described in the Order Form. Additional fees will be charged for exceeding these resources.

When the said resources exceeds to the point that it is disrupting other accounts holders on the same server, Blue Spirit Hosting reserves the right to deactivate the service until a resolution is reached.

B. Sharing account resources

We allow a Customer to share his or her account resources with other non-account holders. However, the account holder is solely responsible for any and all actions or activities performed using their account.

It is strictly forbidden to give away and/or sell the services provided by Blue Spirit Hosting within or in addition to an existing account with Blue Spirit Hosting Consequences may lead to permanent service suspension.

C. Excessive Resource Usage and/or Abuse

Any account that affects to full-function of operation of any other services provided to other Customers may face a temporary suspension until a resolution is reached.

D. Server Vulnerabilities and Updates

The client agrees to grant BSH company permission to launch forced updates and close vulnerabilities in all possible ways to protect and ensure the security of all BSH clients and servers. The company reserves the right to use all options at its disposal to stop the vulnerabilities in older software versions that may threaten other clients or be used to perform illegal activities on the company servers.

III. Fees and Payment Terms

Customer will pay all fees due according to the prices and terms listed in the Order Form(s) and all other fees incurred by the Customer related to the Supplemental Services, Professional Services, reinstatement of service fees and fees for switching or upgrading servers, all in accordance with the current Blue Spirit Hosting prices and policies.

A. Invoice Notifications

Blue Spirit Hosting will send any invoices to the main email account of the owner of the account based on the service terms. Blue Spirit Hosting cannot guarantee that this email will be received by the client. As an option, we provide the Customer a Billing Control Panel (also referred to as a Client Portal) where the service invoices can be reviewed and paid.

B. Suspensions and Termination

Any payment not received within three (3) days of the invoice due date, Blue Spirit Hosting reserves the right to suspend the service without any notice. If after seven (7) days of not receiving payment confirmation, Blue Spirit Hosting reserves the right to terminate the service, and consequently remove all existing content (data, emails, files, etc.), without any further notice.

C. Account cancellations

All our customers are under an annual contract and can cancel their account with at least 90 days notice. Account cancellations must be made at least ninety (90) days in advance via our Billing Control Panel (Client Portal). Blue Spirit Hosting is not responsible for additional charges made after cancellation. If a payment is deducted after cancellation, Blue Spirit Hosting may refund it. If you request cancellation before the 90 days required by contract, you will have to pay a penalty equivalent to 6 months of service.

D. Intellectual Property Ownership

This Agreement does not transfer from Blue Spirit Hosting to Customer any BSH Technology, and all right, title and interest in and to Blue Spirit Hosting will remain solely with Blue Spirit Hosting This Agreement does not transfer from Customer to Blue Spirit Hosting any Customer Technology, and all right, title and interest in and to Customer Technology will remain solely with Customer. Blue Spirit Hosting and Customer each agree that it will not, directly or indirectly, reverse engineer, decompose, disassemble or otherwise attempt to derive source code or other trade secrets from the other party and/or its third party vendors.

IV. Limited Warranties

Each of the guarantees in the Order Form(s) is null and void if Customer fails to follow Blue Spirit Hosting terms of service or otherwise breaches the Agreement in any respect.

A. No other Warranty

Blue Spirit Hosting does not monitor or exercise control over the content of the information transmitted through its infrastructure. Use the services or any information that may be obtained there at Customer’s own risk. The services are provided on an ‘as is’ basis, and customer should use the services at its own risk. Except as provided in the order form(s), Blue Spirit Hosting does not make, and hereby disclaims, any and all other express and/or implied warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement and title, and any warranties arising from a course of dealing, usage or trade practice. Blue Spirit Hosting does not warrant that the services will be uninterrupted, error-free or completely secure.

B. Disclaimer of Actions Caused by and/or Under the Control of Third Parties

Blue Spirit Hosting does not and cannot control the flow of information to or from Blue Spirit Hosting network and other areas of the Internet. Such flow depends in large part on the performance of Internet services provided or controlled by third parties. At times, actions or inactions of such third parties can impair or disrupt Customer’s connections to the Internet (or areas thereof). Blue Spirit Hosting cannot guarantee that such events will not occur. Accordingly, Blue Spirit Hosting disclaims any and all liability resulting from or related to such events.

V. Limitations of Liability

In no events shall Blue Spirit Hosting be liable for damages resulting from loss of data, profits, use of the Blue Spirit Hosting site or any Blue Spirit Hosting services, for any incidental, indirect, punitive, or consequential damages in connection with this agreement or in connection with any products or services provided hereunder. In no event shall Blue Spirit Hosting cumulative liability exceed an amount greater than the clients’ associated hosting fee (less set-up fees, domain registration, and overages).

You agree to indemnify, defend, and hold harmless Blue Spirit Hosting from any and all liabilities, penalties, losses, damages, costs, expenses, attorney’s fees, causes of action and/or claims caused by or resulting indirectly from your use of our services.

Backup. Customer will be responsible for backup and other protection of its data against loss, damage, or destruction. Blue Spirit Hosting will have no obligation or liability with respect to lost, damaged, or destroyed data.

VI. Payments, Cancellations and Refunds

A. Payments

All invoices must be paid within 10 days of the invoice issuance date to maintain uninterrupted service. Failure to make payment within this timeframe may result in service suspension. You will receive payment reminders via email during this period, and if payment is not received, service suspension will occur on the third day after the due date. Termination of services will be executed on the 15th day after the due date, resulting in the cancellation of services and the loss of access to your data.

B. Cancellations

To terminate your service, you must submit a cancellation request via our Billing Control Panel. This can be done by logging in at [https://www.bluespirithosting.com/billing/clientarea.php]. Account cancellations must be initiated at least ninety (90) days in advance of the desired termination date through our Billing Control Panel (https://www.bluespirithosting.com/billing/clientarea.php).

If you request service cancellation before the completion date of the one-year contract, a penalty equivalent to 3 months of service will apply. Customers can also request cancellation through our ticket system accessible via the Billing Control Panel (Client Portal). Customers must be logged into their accounts associated with the service for verification purposes.

For customers using PayPal subscriptions, in addition to requesting cancellation via our Billing Panel, you must cancel any active PayPal recurring payment subscriptions by logging into your PayPal account and requesting cancellation directly through PayPal. Blue Spirit Hosting does not have access to the client's PayPal account and cannot be held responsible for unintended payments made through automatic payment subscriptions. However, we do provide refunds for unintended payments made after cancellation upon request (if made before the 90 days required by the contract).

Please note that canceling your account will result in the removal of your website's files from our services. Ensure that you have copies of any files you wish to retain before canceling your account.

C. Refund policy

Payments made with Bitcoin are non-refundable.

Payments for consulting, support, or installation services are also non-refundable.

We do not issue refunds for the following services:

Acelle Mail Hosted (https://www.bluespirithosting.com/acelle-mail-hosting.html)

PowerMTA Servers (https://www.bluespirithosting.com/powermta-server.html)

Interspire Servers (https://www.bluespirithosting.com/interspire-hosting.html)

Porn Hosting (https://www.bluespirithosting.com/porn-hosting.html)

MailWizz Servers (https://www.bluespirithosting.com/mailwizz-hosting.html)

D. Early Termination of PowerMTA Server, MailWizz Server, Interspire Server, Acelle Mail Server Services

In the event that a customer wishes to cancel the services of PowerMTA Server, MailWizz Server, Interspire Server, or Acelle Mail Server before the expiration of their annual contract, the customer will be subject to a penalty equivalent to 3 months of service fees.

E. Compliance with PayPal Regulations

These Terms and Conditions comply with PayPal regulations. In the event of a dispute or claim made through PayPal, these Terms and Conditions shall serve as evidence of the agreed-upon terms, including penalties and cancellation policies, as outlined above. Please review these Terms and Conditions carefully. By using our email marketing services, you agree to abide by these terms and conditions in their entirety. If you have any questions or require further clarification, please do not hesitate to contact us.