Last Updated: 15th April, 2025
1. Introduction
These Terms of Service (“Terms”) constitute a legally binding agreement between you (whether an individual or entity) and BlueGift Hosting (“we,” “us,” or “our”) governing your access to and use of bluegifthosting.com and all related services (collectively, the “Services”).
By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.
2. Service Description
BlueGift Hosting provides web hosting services, domain registration, server management, and related technical services. The specific features and limitations of each service package are detailed on our website and in your service agreement.
3. Account Registration and Security
3.1 Account Creation
To use our Services, you must create an account and provide accurate, complete, and current information. You are responsible for maintaining the accuracy of your account information.
3.2 Account Security
You are solely responsible for:
- Maintaining the confidentiality of your account credentials
- All activities that occur under your account
- Immediately notifying us of any unauthorized use of your account or security breach
4. User Obligations
4.1 Acceptable Use
You agree to use our Services in compliance with all applicable laws and regulations. You shall not use our Services to:
- Violate any laws, regulations, or third-party rights
- Distribute malware, viruses, or other harmful code
- Engage in unauthorized access to any system or network
- Transmit unsolicited commercial communications (“spam”)
- Host, distribute, or link to content that is illegal, obscene, defamatory, or fraudulent
- Overburden or interfere with our infrastructure
4.2 Resource Usage
Your service package includes specific resource allocations (bandwidth, storage, CPU, RAM). You agree not to exceed these allocations. We reserve the right to temporarily suspend services that negatively impact server performance or other users.
5. Service Level and Support
5.1 Uptime Commitment
We strive to maintain 99.9% uptime for our hosting services, excluding scheduled maintenance. Detailed service level agreements (SLAs) are available for business and enterprise plans.
5.2 Scheduled Maintenance
We perform routine maintenance to ensure optimal performance. We will provide advance notice of scheduled maintenance whenever possible.
5.3 Technical Support
Support availability depends on your service package. Support is provided via email, ticket system, and/or live chat as specified in your plan.
6. Payment Terms
6.1 Fees and Billing
- All fees are due in advance of the service period
- Pricing is subject to change with 30 days’ advance notice
- You authorize us to charge your payment method for all fees incurred
6.2 Renewals
Services automatically renew unless canceled before the renewal date. We will send renewal notices before automatic renewal.
6.3 Refunds
- New accounts: 30-day money-back guarantee (excludes domain registrations and add-on services)
- Renewal payments: Non-refundable
- Account termination: No prorated refunds for unused service periods
6.4 Late or Failed Payments
Services may be suspended if payment is not received within 5 days after the due date. A reactivation fee may apply to restore suspended services.
7. Term and Termination
7.1 Term
The term of this agreement begins upon your account creation and continues until terminated.
7.2 Termination by You
You may cancel your services at any time through your account dashboard or by contacting customer support.
7.3 Termination by Us
We may suspend or terminate your access to the Services:
- For violation of these Terms
- For non-payment of fees
- If providing the Services becomes unlawful
- For any reason at our discretion with reasonable notice
7.4 Effect of Termination
Upon termination:
- All fees owed to us become immediately due
- Your access to the Services will cease
- We will store your data for 30 days before permanent deletion
- You are responsible for downloading your data before the retention period ends
8. Intellectual Property
8.1 Our Intellectual Property
All aspects of our Services, including software, design, and content created by us, are protected by copyright, trademark, and other intellectual property laws.
8.2 Your Content
You retain all rights to your content hosted on our Services. You grant us a limited license to host, store, and display such content solely for the purpose of providing the Services to you.
8.3 DMCA Compliance
We comply with the Digital Millennium Copyright Act. If you believe your copyright is being infringed, please contact our designated copyright agent at copyright@bluegifthosting.com.
9. Disclaimers and Limitations of Liability
9.1 Warranty Disclaimer
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
9.2 Limitation of Liability
IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, DATA LOSS, OR BUSINESS INTERRUPTION.
9.3 Cap on Liability
OUR TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT EXCEED THE AMOUNT YOU PAID TO US FOR THE SERVICES DURING THE 12 MONTHS PRECEDING THE CLAIM.
10. Indemnification
You agree to indemnify, defend, and hold harmless BlueGift Hosting and its affiliates, officers, agents, and employees from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys’ fees) arising out of or in connection with your use of the Services, your violation of these Terms, or your violation of any rights of another.
11. Changes to Terms
We may modify these Terms at any time by posting the revised version on our website. Your continued use of the Services after the effective date of the revised Terms constitutes your acceptance of such changes.
12. Governing Law and Dispute Resolution
12.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of [Jurisdiction], without regard to its conflict of law provisions.
12.2 Dispute Resolution
Any dispute arising from these Terms shall be resolved through binding arbitration conducted in [Location] in accordance with the rules of [Arbitration Association]. The arbitration shall be conducted in English by a single arbitrator.
12.3 Class Action Waiver
You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.
13. General Provisions
13.1 Entire Agreement
These Terms constitute the entire agreement between you and BlueGift Hosting regarding the Services.
13.2 Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.
13.3 No Waiver
Our failure to enforce any right or provision of these Terms shall not be considered a waiver of such right or provision.
13.4 Assignment
You may not assign these Terms or any rights or obligations hereunder without our prior written consent. We may assign these Terms without restriction.
13.5 Force Majeure
We shall not be liable for any failure to perform our obligations if such failure is due to factors beyond our reasonable control.
14. Contact Information
If you have any questions about these Terms, please contact us at:
- Email: legal@bluegifthosting.com