About OfBlue

OfBlue is a small hosting company that provides hosting to anyone around the world. We've been around since early 2010 and OfBlue offers affordable and reliable hosting for everyone. We not only care about our clients, we also strive to provide quality services while remaining friendly.

Last Updated: January 12, 2017

Acceptable Use Policy and Terms of Service Guideline

Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the https://OfBlue.org website (the "Service") operated by OfBlue WebHosting ("us", "we", or "our"). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by OfBlue WebHosting. OfBlue WebHosting has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that OfBlue WebHosting shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

"Unlimited" Resource Allocation

OfBlue aims to provide as much resource as the user needs. Therefore, "unlimited" may be used to describe some resource allocation to the account. However, OfBlue expect users to use a reasonable amount of this allocation without abusing the privileges. Users are not allowed to abuse the "unlimited" resource if it is unnecessary. OfBlue reserves the right to request a business purpose of a user if they are found using an excessive amount of resources.

Banned Scripts/Programs:
A small handful of scripts/programs are not allowed to be used on our servers. This is largely due to excessive demands on server resources that can degrade performance for other hosting clients. Namely the following are BANNED from use on our servers:
    1. ANY CGI-script powered chat room or bulletin board, including ikonBoard.cgi, UltimateBB.cgi and others.
    2. Topsites scripts
    3. IRC-related software (servers, bots, bouncers, etc.)
    4. Streaming or embedding TV/audio/video clips
    5. Proxy websites and scripts
    6. Any scripts that could cause security concerns.
    7. Torrenting programs.
    8. Image-sharing programs.
    9. Cutenews script.
Accounts that are found to have such software uploaded to their web space are subject to immediate suspension and/or termination without notice. We reserve the right to add from, modify, or otherwise adapt to this list other banned programs at our discretion.

Server Use
We want to allow our customers to use our servers the best way, but in order to protect other users, we may, temporarily or not, suspend a shared hosting site if this site slows down our servers or uses too much server resource. In this case, we will try to find a solution together with the customer.

You may not use your site to publish material, which OfBlue host determines, at its sole discretion, to be unlawful, indecent or objectionable. For purposes of this policy, "material" refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings.

You must take reasonable steps to protect the security of our servers. This includes, but is not limited to:
    1. Keeping all passwords to OfBlue host systems secure. You must not reveal your passwords to third parties.
    2. Ensuring that any scripts that are installed on your site cannot be exploited to compromise the security or the server.
OfBlue Hosting does not allow storage and/or display of the following material on its servers. This includes uploading to web sites, or transmitting by any material (by e-mail, uploading, posting or otherwise). The following constitute violations of OfBlue host terms and conditions:
    Illegal use: OfBlue host services may not be used for illegal purposes, or in support of illegal activities. OfBlue host reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.
    Harm to minors: Use of the OfBlue host service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography.
    Threats: Use of the OfBlue host service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.
    Harassment: Use of the OfBlue host service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.
    Fraudulent activity: Use of the OfBlue host 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," "hyip schemes," and "chain letters."
    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 information is prohibited.
    Unsolicited commercial e-mail / Unsolicited bulk e-mail (SPAM): Use of the OfBlue hosting service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type will result in the immediate termination of the offending OfBlue hosting account.
    Unauthorized access: Use of the OfBlue host service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of OfBlue host 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 account is subject to immediate termination.
    Fraudulent links: Use of fraudulent referrers to a site hosted on our servers is forbidden. This includes, but is not limited to, blog ping backs. Inappropriate (e.g. off-topic or automated) postings to forums, or other services containing links to a site hosted on our servers is forbidden.
    Servers and Proxies: Use of server software or scripts which creates a listening socket on our server is forbidden. Proxies which receive requests over HTTP and use our network connection to forward the request to another server are not permitted. This includes, but is not limited to, HTTP proxies.
    File Sharing and Bit Torrents: Use of software and scripts for "file sharing", "bit torrents" or similar is not allowed on our servers. This includes sending or receiving files using these mechanisms.
    Adult Sites: We prohibit any adult (pornographic) web-sites on our servers, including pedophile sites, sites linking to pornographic sites (outside links) and pornographic advertisements on your own site.
    Illegal Use: OfBlue Hosting services may not be used for illegal purposes, or in support of illegal activities.
    Copyright or Trademark Infringement: Use of OfBlue Hosting to transmit any material (by e-mail, uploading, posting, hot linking, directly linking 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, code, programs, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.
    Distribution of Viruses, Spyware, and Malware: Distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Distribution of software that monitors computer or computer user activity without the computer user's knowledge and consent is prohibited.
Prohibited Content
We reserve the right to suspend your account if you have the following content on your site:

1. Illegal adult content
2. Warez and Piracy
3. Spam
4. CPU Abuse
5. IRC Bots
6. Torrents Hosting
7. Proxy Hosting
8. Arcade Sites
9. Phishing
10. Image and File Hosting
11. File/music/video Streaming
12. Other Illegal Content Under Canadian and USA Law
13. Pop Up/Full Page Advertisements
14. Cutenews
15. Online Pharmacies
16. Fake Online Shops
17. Phishing Websites
18. Illegal Drugs/Substance/Products Shop
19. Private Information Containing Minors Without Parental Consent
20. Private Information Revealing Personal Identity
21. Violation of Intellectual Property Rights
22. Creating or Distributing Malware
23. Hacking
24. Hateful Organizations/Promoting Violence
25. Other Illegal Activities

Scripts

You are responsible for ensuring that any scripts that you install do not compromise the security of our servers. This includes, but is not limited to:

    1. Ensuring that it is not possible to abuse such scripts to gain access to the file system of the server.
    2. Ensuring that it is not possible to abuse such scripts to send emails to third parties.
    3. Ensuring that you update any installed scripts with the latest releases, which often contain security fixes.
If a script installed on your site is compromised, we may require a clean up of your site. Where we provide an automatic script installer we may update installed scripts to the latest releases. OfBlue has the right to force update your script if it is completely outdated and pose a security threat.

HIPAA Disclaimer

OfBlue Webhosting is not HIPAA compliant. Users are solely responsible for any regulatory compliance with federal or state laws governing the privacy and security of personal data, including medical or other sensitive data. OfBlue does not control or monitor this information proactively. However, users are responsible to follow HIPAA regulations. Users are prohibited from storing such sensitive files and are subject to account and service termination if they are found doing so. OfBlue will not agree to engage to any activities relating ot HIPAA.

Refusal of Service

We reserve the right to refuse, cancel, or suspend service at our sole discretion to anyone who we believe has breached our TOS/AUP, or anyone who has (or is likely to) bring OfBlue Host into disrepute. All sub-networks, distributive hosting sites, resellers, and dedicated servers must adhere to the above policies. Please direct any reports of violations of our policies to our Support Department.

Backups

OfBlue Provides complimentary backups to all users. Backups are performed on a daily basis and the latest 4 backups are retained. Backups are performed and stored off-shore. However, we do not accept the responsibility of any failure of our backup mechanism. Backup restoration can be provided for free up to 2 times per calendar month and does not accumulate.

Termination and Suspension

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. You may choose to terminate your hosting at any time by advising us via a support ticket or email that you wish to do so. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease.

Cancellation

Users can cancel their subscription for the next billing period. They are to notify OfBlue via email or the client portal as an official form of communication.

Pricing

OfBlue reserves the right to modift the prices of its products at any given time. The price adjustment will affect the next billing period.

Clean Up

If we suspect that activities performed by you or a third party on your hosting account, whether deliberate or not, may compromise the security of our server or any other server or computer, we may require a clean up to be performed. A simple clean up will be provided free of charge, resulting in total loss of existing data on your hosting account. You should then restore the site from your backups. Depending on the severity, we may agree to perform a complex clean up (targeting only compromised files), for which we will charge support at our standard support rate.

Password Policy

All users are required to follow the password policy to lessen the risk of account compromise. Users are recommended to use a combination of lowercase, uppercase, numeric, and symbols in their passwords with a minimum of 10 characters. A password strength scale is enforced on all users. OfBlue reserves the right to enforce a periodic password reset to combat attackers who are attempting to brute force user accounts. It is required that all users use a secure password. If you are found using a weak password, you will be prompted to update your psasword.

The following list below are examples of secure passwords. Please do not use the same passwords below:
1. M@gicJellyBeans85!
2. H0llowGr0undDollar$
3. 0FbLUEhosting#01Not02
4. @dding$0m3C0mplexity
5. I$thisEASYtoREMEMBER?!?

Brand Protection

It is important for OfBlue to protect their own branding according to concrete evidence. People have the right to free speech and can use it at will. However, if OfBlue discovers information that may harm their branding through false accusations without any concrete evidence, OfBlue reserves the right to provide a Public Service Announcement (PSA) as a form of free speech to protect their brand. Through the PSA, OfBlue reserves the right to provide evidence in defense. OfBlue may choose to sanitize the individual(s) who are trying to harm OfBlue but it is not a requirement since the individual(s) already have their names out in the internet associating with OfBlue. It is important for the facts to be presented, not hearsay, memory-based information, and information that cannot be verified.

Governing Law

These Terms shall be governed and construed in accordance with the laws of the United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Violations

If you violate our terms and conditions we may terminate or suspend (temporarily or indefinitely) any services you have with us. In this case no refund will be given for any payments that have been, or are made by you to us.

Banning

OfBlue reserves the right to ban any users/IP(s) if they are found as a threat to OfBlue or any of its users.

Our Duty

Our Duty is to provide quality and reliable web hosting services. Other than that, we do not provide website design, coding, non-hosting related services.


Privacy Policy

Our Privacy Policy was last updated and posted on January 12, 2017. It governs the privacy terms of our Website, located at https://OfBlue.org. Any capitalized terms not defined in our Privacy Policy, may have the meaning as specified in our Terms of Service.

Your Privacy
OfBlue Webhosting follows all legal requirements to protect your privacy. Our Privacy Policy is a legal statement that explains how we may collect information from you, how we may share your information, and how you can limit our sharing of your information. You will see terms in our Privacy Policy that are capitalized. These terms have meanings as described in the Definitions section below.

Definitions
"Non Personal Information" is information that is not personally identifiable to you and that we automatically collect when you access our Website with a web browser. It may also include publicly available information that is shared between you and others.

"Personally Identifiable Information" is non-public information that is personally identifiable to you and obtained in order for us to provide you within our Website. Personally Identifiable Information may include information such as your name, email address, and other related information that you provide to us or that we obtain about you.

Information We Collect
Generally, you control the amount and type of information you provide to us when using our Website.

As a Visitor, you can browse our website to find out more about our Website. You are not required to provide us with any Personally Identifiable Information as a Visitor.

Computer Information Collected

When you use our Website, we automatically collect certain computer information by the interaction of your mobile phone or web browser with our Website. Such information is typically considered Non Personal Information. We also collect the following:

Cookies

Our Website uses "Cookies" to identify the areas of our Website that you have visited. A Cookie is a small piece of data stored on your computer or mobile device by your web browser. We use Cookies to personalize the Content that you see on our Website. Most web browsers can be set to disable the use of Cookies. However, if you disable Cookies, you may not be able to access functionality on our Website correctly or at all. We never place Personally Identifiable Information in Cookies.

Automatic Information

We automatically receive information from your web browser or mobile device. This information includes the name of the website from which you entered our Website, if any, as well as the name of the website to which you're headed when you leave our website. This information also includes the IP address of your computer/proxy server that you use to access the Internet, your Internet Website provider name, web browser type, type of mobile device, and computer operating system. We use all of this information to analyze trends among our Users to help improve our Website.

How We Use Your Information

We use the information we receive from you as follows:

Customizing Our Website

We may use the Personally Identifiable information such as your name to customize our Website with email consent.

Sharing Information with Affiliates and Other Third Parties

We do not sell, rent, or otherwise provide your Personally Identifiable Information to third parties for marketing purposes. We may provide your Personally Identifiable Information to affiliates that provide services to us with regards to our Website (i.e. payment processors, Website hosting companies, etc.); such affiliates will only receive information necessary to provide the respective services and will be bound by confidentiality agreements limiting the use of such information.

Data Aggregation

We retain the right to collect and use any Non Personal Information collected from your use of our Website and aggregate such data for internal analytics that improve our Website and Service as well as for use or resale to others. At no time is your Personally Identifiable Information included in such data aggregations.

Legally Required Releases of Information

We may be legally required to disclose your Personally Identifiable Information, if such disclosure is (a) required by subpoena, law, or other legal process; (b) necessary to assist law enforcement officials or government enforcement agencies; (c) necessary to investigate violations of or otherwise enforce our Legal Terms; (d) necessary to protect us from legal action or claims from third parties including you and/or other Members; and/or (e) necessary to protect the legal rights, personal/real property, or personal safety of OfBlue Webhosting, our Users, employees, and affiliates.

Links to Other Websites

Our Website may contain links to other websites that are not under our direct control. These websites may have their own policies regarding privacy. We have no control of or responsibility for linked websites and provide these links solely for the convenience and information of our visitors. You access such linked Websites at your own risk. These websites are not subject to this Privacy Policy. You should check the privacy policies, if any, of those individual websites to see how the operators of those third-party websites will utilize your personal information. In addition, these websites may contain a link to Websites of our affiliates. The websites of our affiliates are not subject to this Privacy Policy, and you should check their individual privacy policies to see how the operators of such websites will utilize your personal information.

Privacy Policy Updates

We reserve the right to modify this Privacy Policy at any time. You should review this Privacy Policy frequently. If we make material changes to this policy, we may notify you on our Website, by a blog post, by email, or by any method we determine. The method we chose is at our sole discretion. We will also change the "Last Updated" date at the beginning of this Privacy Policy. Any changes we make to our Privacy Policy are effective as of this Last Updated date and replace any prior Privacy Policies.

Questions About Our Privacy Practices or This Privacy Policy

If you have any questions about our Privacy Practices or this Policy, please contact us.


Payments

By opening services with OfBlue Webhosting, the user agrees to pay all applicable dues at the time of registration and/or renewal. It is the user's responsibility to verify that their information is valid and to pay the invoices in a timely manner. users who fail to pay their invoice(s) 2 weeks after the due date are subject to account suspension and termination 2 weeks after the suspension date. If the user is having financial problems and are not able to pay the invoices on time but want to keep their services, they may contact OfBlue to arrange an agreement. However, the user is to not take advantage of the opportunity by OfBlue. If the user takes advantage to avoid payment, OfBlue reserves the right to cancel all future dealings with the user.

Refund Policy

This is our Refund Policy. It explains when OfBlue Host can provide a refund and how customers should request a refund. All payments that are made to OfBlue Host are non-refundable, except webhosting plans with a 30 Day Moneyback Agreement that is stated below.

30 Day Moneyback Agreement is our promise we will provide a refund if you purchase a webhosting plan and we fail to provide the proper solution to an issue that significantly (66%+) disrupt the usage of your hosting plan. You must request a refund from our Billing Department during the initial 30 days, starting from your order date. Refunds are not available after 30 days without exception.

Refunds are not available if your account has been suspended/terminated for breaching our Terms & Conditions, or if there is money owing on your account.

OfBlue understands if users request a refund due to poor server or staff performance. It is important that users who register with OfBlue are financially responsible. OfBlue does not tolerate individuals who are not responsible with their financial situation and end up requesting a refund due to their negligence. This is to ensure that no time is wasted on either end. If a user is found to be negligent, OfBlue reserves the right to terminate any future deals.

Refund on Domains
The amount refunded will be pro-rated and will exclude domain registration. If you receive a free/discounted domain name then we will deduct an amount for the domain name at our regular selling price. This is because domain name charges are never refundable, even through the third party vendor.