Term's & Condition's

These terms in no way affect your statutory rights.

Webblues Limited provides Web hosting and email, plus domain registration and  server hosting. Webblues Limited reserves the right to suspend or cancel a customer's access to any or all services provided by Webblues Limited at any time, or when Webblues Limited decides that the account has been inappropriately used or otherwise.

DEFINITIONS

"We" "Us" "Provider" "Company" or "Webblues" refers Webblues Limited; and
"You" "Your" "Client" or "Customer" refers to each person or entity who applies for internet service or is a designate of any one who applies for internet service with Webblues Limited.
Webblues has taken all reasonable steps to ensure that the information on the Webblues Site is accurate, complete and up to date and that the Webblues Site functions correctly. However, no warranty, representation or assurance (whether express or implied) of any kind is given in this respect, nor that the Webblues Site shall be compatible with your hardware and software and bug and/or virus-free, that it shall be accessible without interruption or that it or the information contained on it will meet your requirements.

SERVER USE
Webblues reserves the right to refuse service and/or access to its servers to anyone. Webblues does not allow any of the following content to be stored on its servers:
Illegal Material - This includes copyrighted works, commercial audio, video, or music files, and any material in violation of any regulation or material that is perceived to be misleading.
Adult Material - Includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of "adult material" is left entirely to the discretion of Webblues.
Warez - Includes pirated software, ROMS, emulators, phreaking, hacking, password cracking. IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide "links to" or "how to" information about such material.

BANDWIDTH USAGE
Webblues offers high data transfer. In rare cases, Webblues may find a customer to be surpassing their limit and using server resources to such an extent that he or she may jeopardise server performance and resources for other customers. In such instances, Webblues reserves the right to impose the High Resource User Policy for the consideration of all customers.

HIGH RESOURCE USER POLICY
Resources are defined as bandwidth and/or processor utilisation.
Webblues may implement the following policy to its sole discretion:
When a website is found to be surpassing their data transfer limit per month on a single account and/or monopolising the resources available, the account holder will be contacted via e-mail in order to discuss the situation. If no arrangement can be reached or the account holder cannot be contacted within 12 hours, Webblues reserves the right to terminate the account giving one week’s notice. If the user's site is severely affecting the performance of the server, Webblues has the right to act immediately in order to resume the normal operation of the network. The High Resource User Policy also refers to other parts of the servers/network, including mail and ftp, plus the use of processor time.

BANDWIDTH AND DISK USAGE
Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on there Hosting package (the "Agreed Usage"). Webblues will monitor Customer's bandwidth and disk usage. Webblues shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in Webblues sole and absolute discretion. If Webblues takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that a customer exceeds the included allocation, Webblues may, at its sole discretion, collect a deposit, in an amount determined by Webblues, against customer's credit card on file with Webblues.

SPAM AND UNSOLICITED COMMERCIAL EMAIL (UCE)
SPAM and Unsolicited Commercial Email (UCE): Webblues takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of Webblues may not use or permit others to use our network to transact in UCE. Customers of Webblues may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy will be treated as a fundamental breach of these terms and conditions and if substantiated by us at our discretion will lead to termination of service.
Upon receipt by us of notification from any source of an alleged violation of our SPAM policy, Webblues will initiate an immediate investigation (within 48 hours of notification). During the investigation, Webblues may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Webblues may, at its sole discretion, restrict, suspend or terminate customer's account. Further, Webblues Limited reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Webblues will notify law enforcement officials if the violation is believed to be

a criminal offence.
If the investigation confirms that our SPAM policy has been violated we will invoice you for an Administrative Fee of £150 to cover the costs of the investigation and your account will be reviewed for possible immediate termination. at our absolute discretion. If we agree to maintain your account and any subsequent investigation following any further notification of an alleged a second violation is confirmed we will invoice you for a further Administrative Fee of £300 and immediately terminate your account. PLEASE, DO NOT SPAM from your account.

FRAUD
Fraudulent activity: Use of  Webblues service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as "pyramid schemes," "ponzi schemes," and "chain letters." This will constitute a breach of our Terms and Conditions, and will result in your account being suspended or removed.

PAYMENT POLICIES
All accounts are set up on a prepay basis. All pricing is guaranteed for the term of prepayment. You grant Webblues the right to debit the credit card or account you provided on the Order Form for services you signed up for, until such service is cancelled by e-mailing billing@webblues.net  or is cancelled by Webblues according to terms of this Agreement. Webblues reserves the right to change prices at any time. Payment is due each anniversary month, year or period following the date the account was established (depending on account opened). If for any reason the payment does not arrive in time, the account is subject to suspension/deletion. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies Webblues via e-mail for a request for termination of services. All payment is in the currency chosen at the time of order. The customer is also liable for the NIC fees on domains and will be invoiced accordingly (see further conditions relating to domains). You agree to update your credit card details provided to us in a timely manner and to ensure that your credit card has sufficient credit to allow your payment to be processed. If we are unable to successfully charge to your credit or debit card any amount properly payable by you within 28 days of the due date of such amount, we may engage a debt recovery agent to recover such unpaid amounts, including any costs and expenses incurred as a result of taking such action.

You agree not to hold us responsible for banking charges incurred due to payments failing on your account.

Webblues shall be entitled to vary the Charges from time to time with effect from the date specified in an Amendment Notice. Webblues shall issue an Amendment Notice no later than 4 weeks prior to the date that any variation of the Charges shall come into force.

The Customer shall no later than 4 weeks from the date of deemed receipt of the Amendment Notice send a counter notice to the Company accepting or rejecting the terms of the Amendment Notice. In the event that the Customer specifies in the counter notice acceptance of the terms of the Amendment Notice or fails to send a counter notice within the specified period then the terms of the Amendment Notice shall apply as from and including the date specified in the Amendment Notice and this agreement for Services shall be deemed to be varied accordingly. In the event that the counter notice rejects the terms of the Amendment Notice then until such date as this Agreement has been terminated in accordance with this clause the Customer will be charged the Charges as varied from and including the date in the Amendment Notice. Upon receipt of the Amendment Notice the Customer has the right to terminate this Agreement with effect from the date in the Amendment Notice, such notice of termination to be received by the Company no later than 14 days before the date in the Amendment Notice.

DOMAINS
Webblues does not accept responsibility nor does it make any warranty that the domain names(s) requested by the Customer will be accepted for registration in the register of the Naming Organisation nor will it be liable for any costs of the Customer incurred if the application for Registration is unsuccessful. The Customer should take steps to insure that their domain has been registered. The Company does not accept responsibility for any liability to third parties for breach of their Intellectual Property Rights in relation to the domain name(s) requested by the Customer.

New domain names are registered by Webblues in customers' names, however renewal of these domains remains the responsibility of the customer. Customers should take steps to note the renewal date of their domain name and ensure action is taken to pay for any renewal costs before the domain registration period terminates. Webblues accepts no responsibility for the renewal of domain names and subsequent loss of business nor related liability resulting in a domain name not being renewed. It is the customers responsibility to periodically check, ie at least monthly, to ensure that domain name(s) is/are active, and has not inadvertently expired.

By registering a .uk domain name, you enter into a contract of registration with Nominet UK on the following terms and conditions. This is a separate contract to any arrangement you may have with any third party for the provision of internet services. Please read the following before proceeding with your order - http://www.nominet.org.uk/nominet-terms.html

Webblues do not change the name servers (DNS entries) to point to another host or IP address.

CANCELLATION
Webblues reserves the right to cancel service at any time. Customers can cancel service any time, but must complete the cancellation form, before the next billing period is due giving at least seven (7) days notice. All cancellations must be received via the cancellation form, located at - http://www.webblues..net.cancel.php Phone requests will not constitute acceptance of any cancellation. Cancellations will be processed by our Staff once a day, and the account will then be removed from the server. For information on refunds please see the heading "Refunds".

The Customer will be responsible for renewing the Registration of his/her domain name(s) and finding a new host for the respective domain name(s).

If an account is cancelled by us for non payment, then a fee of £5.99 will apply per domain name to release this to your new Registrar.

To cancel a domain name, you must e-mail Webblues  billing@webblues.net

RENEWALS
Your account will be automatically renewed on the anniversary date of your account under the same fee structure, unless you give written notice to Webblues Limited seven (7) days before the renewal date that you do not wish to renew such account. Please see the heading "Cancellation" for information on cancelling your account.

Domain name renewals can be renewed upto forty five (45) days in advance of the due date, unless cancelled via e-mail billing@webblues.net

INDEMNIFICATION
Customer agrees that it shall defend, indemnify, save and hold Webblues (for clarification, a service by Webblues) harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against Webblues, 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 Webblues against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Webblues servers; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement; (4) any defective products sold to customer from Webblues servers, and (5) any statements made within information or pictures held on our servers that may be seen as unsuitable, defamatory, misleading or libelous in any way.

REFUNDS
Webblues will refund to you the prepaid fees for basic hosting for the full months remaining after effectiveness of cancellation, less any prior fees, charges, setup charges, and an early cancellation fee of £20. Accounts that are terminated by Webblues will not receive any refund. All cancellations must be received via e-mail to billing@webblues.net as per the deadlines indicated. Phone requests will not constitute acceptance of any cancellation. Refunds will be within 7-10 business days from your cancellation date. Domain name purchases, transfers, renewals, add-ons, and SSL certificates are non refundable.

Refunds cannot be applied to another account held with us.

BACKUP FILES
Webblues will make every reasonable effort to protect and backup data for Client on a regular basis, however Webblues does not guarantee the existence, accuracy, or regularity of its backup services and, therefore, Client is responsible for making back-up files in connection with its use of the Services. There is a one time fee of £75 for our Administrator to retrieve clients back-up files. Client is solely responsible for independent backup of data stored on Providers server and network.

LIMITATION OF LIABILITY
You agree that Webblues will not be responsible for any losses that may incur where Services are accessed by third-parties through illegal or otherwise unauthorized means, including but not limited to situations where data is accessed through the exploitation of security gaps, weaknesses or flaws (whether known or unknown to Webblues at the time) which may exist in the Services or in Webblues equipment used to provide the Services.
Under no circumstances will Webblues be liable for any consequential, indirect, incidental, special or punitive damages, or loss of profits, revenue, data or use by Customer, any of its customers, or of any other third party, whether in an action in contract or tort or strict liability or other legal theory. Webblues will not be liable to Customer, any of its customers, or any other third party, for any loss or damages that result or are alleged to have resulted from the use of or inability to use the Services, or that results from mistakes, omissions, interruptions, deletion of files, loss of data, errors, viruses, defects, delays in operations, or transmission or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to Webblues records, programs, equipment or services.
Notwithstanding anything to the contrary in this Agreement, Webblues maximum liability under this Agreement for all damages, losses, costs and causes of actions from any and all claims (whether in contract, tort, including negligence, quasi-contract, statutory or otherwise) will not exceed the actual sterling amount paid by Customer for the Services which gave rise to such damages, losses and causes of actions during the 12-month period prior to the date the damage or loss occurred or the cause of action arose.
This limitation of liability reflects an informed, voluntary allocation between the parties of the risks (known and unknown) that may exist in connection with this Agreement. The terms of this Section will survive any termination of this Agreement.

FORCE MAJEURE
Webblues will not be liable for failure or delay in performing it obligations if such failure or delay is due to circumstances beyond its reasonable control, including but not limited to acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labour disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for

provision of the Services.

DISCLOSURE OF CUSTOMER INFORMATION AND LEGAL PROCESS
Although Webblues maintains strict confidentiality on Customer's information, there are certain exceptions in which Webblues may disclose information in its possession, including but not limited to information about the Customer's internet transmissions and website activity in order to comply with court order, subpoena, discovery request, warrant, statute, regulation or official governmental requests. Webblues has no obligation to notify Customer about whom the information is sought or that Webblues has provided the information. Customer acknowledges the above exceptions and agrees to them without reservation.

ASSIGNMENT
Customer will not have the right to assign this Agreement without the prior written consent of Webblues.

ENTIRE AGREEMENT; SEVERABILITY
This Agreement represents the entire agreement between the parties, and supersedes all previous representations, understandings or agreements. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of this Agreement will remain in full force and effect.
Customer hereby represents that he, she or it, is either an individual entering this Agreement for his or her personal use and is over 18 years of age, or is a corporation other legal corporate entity, duly organized, validly existing and in good standing under the laws of the state of its organization and the person acting on behalf of Customer is duly authorized to accept, execute and deliver this Agreement on behalf of Customer.

GENERAL
This Agreement shall be construed and governed in all respects in accordance with the Law of England and Wales and the English Courts shall have exclusive jurisdiction in respect of any disputes arising hereunder.

Webblues Limited registered in England No : 5758916

Registered office:
Webblues Limited
31 Limeway Terrace,
Dorking,
Surrey,
RH4 1HZ,
England

Webblues Limited reserves the right to revise its policies at any time.