ARTICLE I: Website
Section 1: Accessing the Website and Account Security
Blue Arctic provides access to its website and Services. The Client is responsible for maintaining the confidentiality of account login credentials and passwords, including those of any sub-accounts, reseller accounts, or end users managed by the Client. The Client agrees to accept responsibility for all activities that occur under the account, whether authorized or unauthorized. Blue Arctic will not be liable for any loss or damage arising from unauthorized use of the Client's account or credentials, provided that Blue Arctic has not acted with gross negligence in protecting the Client's account information.
The Client must immediately notify Blue Arctic of any unauthorized use of the account, any breach of security, or any suspected compromise of login credentials by contacting support@bluearctic.com or opening a support ticket. Blue Arctic reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at its sole discretion, subject to the terms of this Agreement.
Section 2: Intellectual Property Rights
All content, materials, code, designs, trademarks, and documentation on the Blue Arctic website and within its Services are the intellectual property of Blue Arctic or its licensors and are protected by applicable intellectual property laws. The Client may not reproduce, distribute, transmit, publicly display, create derivative works from, or otherwise use any Blue Arctic content without express written permission from Blue Arctic. This restriction does not apply to Client Data, which remains the Client's property as set forth in the Master Service Agreement.
Section 3: Prohibited Uses
The Client agrees not to use the website or Services for any unlawful purpose or in violation of any applicable law. Prohibited uses include but are not limited to: reverse engineering, decompiling, or attempting to discover the source code of the Services; using automated tools to scrape, crawl, or gather data from the Blue Arctic website without written permission; distributing viruses, malware, or harmful code; transmitting spam or unsolicited bulk communications; engaging in harassment; or attempting to gain unauthorized access to Blue Arctic systems, networks, or other customer accounts.
ARTICLE II: Services
Section 1: Scope of Services
Blue Arctic provides Hosting Services and Professional Services as defined in the Master Service Agreement and described on the Blue Arctic website. The scope of Services is limited to the specific services ordered and paid for by the Client under each Service Order. Blue Arctic may modify, update, or discontinue specific service features or offerings at any time, provided that Blue Arctic will use commercially reasonable efforts to provide 30 days' advance notice of material changes that would reduce the functionality of an active Service.
Section 2: Account Setup and Activation
Blue Arctic will use commercially reasonable efforts to activate Hosting Services within 24 hours of payment receipt and successful completion of any required identity or fraud verification. Custom-configured dedicated servers, VPS deployments requiring non-standard configurations, and Professional Services may require additional setup time as communicated during the ordering process. The Client is responsible for configuring email, DNS, and other account-level settings as needed. Blue Arctic provides documentation and support to assist with setup, but the Client is ultimately responsible for proper configuration of the Services.
Section 3: License to Provider Software
Blue Arctic grants the Client a non-exclusive, non-transferable, revocable license to use cPanel, WHM, and other software provided with the Services solely for the purpose of managing the Client's account and hosting environment. The Client may not sublicense, resell, redistribute, or transfer this license. All third-party software is provided under the terms of the applicable software vendor's license agreement, and the Client agrees to comply with such terms. Blue Arctic makes no warranty regarding third-party software and is not liable for issues arising from third-party software updates, vulnerabilities, or incompatibilities.
Section 4: Migration Policy
Blue Arctic offers migration assistance for transferring websites and data to our Services. Migration is provided on a best-effort basis. Blue Arctic is not responsible for data loss, data corruption, service interruption, downtime, or other issues arising from the migration process. The Client is solely responsible for maintaining complete, independent backups of all data before migration begins. By requesting migration, the Client acknowledges these risks and releases Blue Arctic from liability for migration-related issues.
Section 5: Resource Usage
For cPanel-based shared hosting, WordPress hosting, and Drupal hosting accounts, the following resource limits apply per account:
- CPU: 1 core maximum
- RAM: 1 GB maximum per account
- Concurrent processes: 50 maximum
- Disk I/O: 10 MB/s maximum
- Inodes: 300,000 maximum
- Database size: 2 GB maximum per database
Accounts exceeding these limits may be throttled or suspended without prior notice, as enforced by CloudLinux resource management. Sustained overuse will result in a notification to the Client with a recommendation to upgrade. The Client may upgrade to VPS or Dedicated Server hosting for higher resource requirements. VPS and Dedicated Server resource allocations are defined by the specific plan selected and are not subject to the shared hosting limits above.
Section 6: Bandwidth
Bandwidth on shared hosting, WordPress hosting, and Drupal hosting plans is unmetered, meaning Blue Arctic does not impose a fixed monthly bandwidth cap. However, unmetered does not mean unlimited. Bandwidth must be used for normal web hosting operations (serving web pages, images, email, and downloads to visitors). Bandwidth usage that degrades server performance or network quality for other customers — including use of hosting accounts primarily for file distribution, streaming, backup storage, or content delivery network (CDN) substitution — may result in throttling, suspension, or termination at Blue Arctic's sole discretion.
VPS and Dedicated Server plans include a specified monthly bandwidth allocation as described in the applicable plan documentation. Bandwidth overage charges on metered plans are billed at $0.50 per GB of overage, calculated and invoiced at the end of each billing period.
Section 7: Email Policy and Spam
Email accounts are provided for legitimate business and personal use. The following limits apply:
- Shared hosting, WordPress hosting, and Drupal hosting: 300 emails per hour maximum per cPanel account
- Accounts exceeding this limit will have outbound email temporarily disabled until the next hourly reset
The Client agrees not to use email for sending unsolicited bulk messages (spam), phishing, email harvesting, or other prohibited purposes as described in the Acceptable Use Policy. Blue Arctic reserves the right to scan outbound email for spam patterns and to suspend email privileges for accounts generating abuse complaints or exhibiting spam behavior.
Section 8: Data Backups
Blue Arctic provides automated backups according to the hosting plan type:
- Web Hosting (Shared): 30-day backup retention
- WordPress Hosting (Shared): 30-day backup retention
- Drupal Hosting (Shared): 30-day backup retention
- High Performance WordPress: 30-day backup retention
- VPS Hosting: 5-day backup retention (5 recovery points)
- Dedicated Servers: Backups not included; add-on backup services are available for purchase
Backups are provided as a convenience only and do not substitute for the Client's own backup strategy. The Client is solely responsible for maintaining independent, off-site backups of all data, files, databases, email, and configurations. Blue Arctic is not liable for data loss, corruption, or recovery failure resulting from backup system malfunction, hardware failure, software error, or any other cause. Blue Arctic does not guarantee the integrity, completeness, or recoverability of automated backups. In no event shall Blue Arctic's liability for backup-related issues exceed the Monthly Subscription Value (as defined in the SLA) for the affected Service.
Section 9: SSL Certificates
Blue Arctic provides free SSL certificates (via Let's Encrypt or equivalent certificate authority) on all hosting plans. Free SSL certificates are issued and renewed automatically. Blue Arctic is not liable for certificate issuance delays, renewal failures, or revocations caused by the certificate authority. For clients requiring Organization Validation (OV) or Extended Validation (EV) certificates, paid SSL options are available. SSL certificate purchases are non-refundable.
Section 10: Domain Registration
Blue Arctic offers domain registration services through accredited registrar partners. Domain registrations are governed by the applicable registrar's terms and conditions, ICANN policies, and the registry operator's policies for the applicable top-level domain. Domain registration fees are non-refundable once the domain has been registered. The Client is responsible for maintaining accurate WHOIS contact information as required by ICANN. Domain renewals are processed automatically unless the Client disables auto-renewal in the client portal. Blue Arctic is not liable for domain expiration resulting from the Client's failure to maintain a valid payment method or failure to renew. The ICANN Policies page provides supplementary information about registrant rights, responsibilities, renewal, transfer, and dispute resolution procedures applicable to domain registrations. The ICANN Policies page is informational and is incorporated into this Terms of Service by reference.
Section 11: DMCA and Copyright Infringement
Blue Arctic respects intellectual property rights and complies with the Digital Millennium Copyright Act (17 U.S.C. § 512). Blue Arctic's designated agent for receiving DMCA takedown notices is:
Blue Arctic, LLC — DMCA Agent
Email: abuse@bluearctic.com
Mailing Address: PO Box 2195, Bushnell, FL 33513, USA
Notice requirements. A valid DMCA takedown notice must include: (a) identification of the copyrighted work claimed to be infringed; (b) identification of the material claimed to be infringing and its location on the Blue Arctic network; (c) contact information for the complaining party; (d) a statement that the complaining party has a good faith belief that use of the material is not authorized; (e) a statement that the information in the notice is accurate, under penalty of perjury; and (f) a physical or electronic signature of the copyright owner or authorized agent.
Counter-notification. If the Client believes that material was removed or disabled in error, the Client may submit a counter-notification to the DMCA Agent that includes: (a) identification of the material that was removed; (b) a statement under penalty of perjury that the Client has a good faith belief that the material was removed as a result of mistake or misidentification; (c) the Client's name, address, and telephone number; (d) consent to the jurisdiction of the federal courts in Orange County, Florida; and (e) a physical or electronic signature.
Repeat infringer policy. Blue Arctic will terminate the accounts of Clients who are repeat infringers of copyright. A Client who receives three valid DMCA takedown notices within any 12-month period shall be deemed a repeat infringer and is subject to immediate account termination without refund. Blue Arctic reserves the right to terminate accounts after fewer notices if the circumstances warrant.
Section 12: Professional Services
Professional Services (website maintenance, server administration, website development, and digital marketing) are governed by this Agreement and any applicable statement of work or engagement scope agreed upon in writing between Blue Arctic and the Client. In the event of a conflict between this Agreement and a statement of work, the statement of work shall prevail with respect to the scope, deliverables, and timeline of the specific engagement. All other terms of this Agreement remain in effect.
Professional Services are provided on a time-and-materials or fixed-fee basis as specified in the engagement. Unless otherwise stated in writing, Professional Services do not include guarantees of specific outcomes, rankings, traffic levels, or business results. Any service-specific guarantees (such as malware removal guarantees or emergency response guarantees) are valid only as described in the applicable statement of work or engagement documentation and are subject to the conditions and limitations stated therein.
Section 13: Term, Cancellation, and Renewal
Term. Services are provided on a monthly or annual billing cycle as selected by the Client at the time of purchase.
Automatic renewal disclosure. ALL SERVICES RENEW AUTOMATICALLY AT THE END OF EACH BILLING PERIOD UNLESS CANCELLED IN ADVANCE. Monthly Services renew each month; annual Services renew each year. The renewal charge will be applied to the payment method on file at Blue Arctic's then-current rate for the applicable Service. Blue Arctic generates invoices 15 days before the due date for monthly Services and 30 days before the due date for annual Services — the invoice constitutes the renewal notice for both billing cycles. Blue Arctic will attempt to capture payment 2 days before the due date. To avoid renewal, the Client must cancel before the invoice due date by submitting a cancellation request through the client portal or by contacting support, with at least 7 days' advance notice.
Cancellation by Client. The Client may cancel Hosting Services by submitting a cancellation request through the client portal or by contacting support. Cancellation requires 7 days' advance notice and takes effect at the end of the current billing period. Professional Services require 60 days' advance written notice for cancellation. No prorated refunds are issued for unused portions of a billing period, except as provided in Section 14 (Refunds and Money-Back Guarantee).
Data retrieval upon cancellation or termination. Following cancellation or termination of any Service for any reason, the Client may retrieve Client Data through the client portal, cPanel, or other provided interfaces during the 30-calendar-day Data Retrieval Period as described in the Master Service Agreement, Section 8. After the Data Retrieval Period, Blue Arctic may permanently delete all Client Data associated with the cancelled or terminated Service without further notice or obligation.
Termination by Blue Arctic. Blue Arctic may suspend or terminate Services immediately if the Client breaches any material term of the Agreement Documents, engages in prohibited conduct under the Acceptable Use Policy, fails to pay invoices when due, or for any reason described in the Master Service Agreement, Section 12 (Term and Termination).
Section 14: Refunds and Money-Back Guarantee
30-day money-back guarantee. Blue Arctic offers a 30-day money-back guarantee for new customers (first-time subscribers to Blue Arctic) on Shared Web Hosting and Managed WordPress Hosting plans only. To qualify: (a) the Client must not have previously held a Blue Arctic account; (b) the cancellation request must be submitted within 30 calendar days of the original purchase date; and (c) the Client must cancel through the client portal or by contacting support. Qualifying refunds are processed within 5–10 business days after cancellation approval and are returned to the original payment method.
Exclusions. The following are excluded from refunds and from the money-back guarantee: VPS hosting, Dedicated Servers, High Performance WordPress hosting, Professional Services, domain registrations, SSL certificates, add-on services, bandwidth overage charges, administrative fees, and any Services renewed beyond the initial billing period. Domain registrations are non-refundable once the domain has been registered with the registry.
ARTICLE III: General Provisions
Section 1: Disclaimer of Warranties
EXCEPT FOR THE EXPRESS WARRANTIES AND COMMITMENTS SET FORTH IN THE SERVICE LEVEL AGREEMENT, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. BLUE ARCTIC DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. BLUE ARCTIC DOES NOT WARRANT THAT ERRORS WILL BE CORRECTED OR THAT THE SERVICES WILL MEET THE CLIENT'S SPECIFIC REQUIREMENTS.
BLUE ARCTIC MAKES NO WARRANTY REGARDING THIRD-PARTY SOFTWARE PROVIDED WITH THE SERVICES, INCLUDING BUT NOT LIMITED TO CPANEL, WHM, LITESPEED, WORDPRESS, OR ANY OTHER SOFTWARE NOT DEVELOPED BY BLUE ARCTIC. THIRD-PARTY SOFTWARE IS PROVIDED UNDER THE RESPECTIVE VENDOR'S LICENSE AND WARRANTY TERMS.
Section 2: Limitation of Liability
THE LIMITATION OF LIABILITY FOR THIS AGREEMENT IS SET FORTH IN THE MASTER SERVICE AGREEMENT, SECTION 11. THAT SECTION GOVERNS ALL LIABILITY LIMITATIONS AND CAPS FOR BOTH PARTIES.
Section 3: Indemnification
The Client's indemnification obligations and Blue Arctic's indemnification obligations are set forth in the Master Service Agreement, Section 10. Those provisions apply to all Services governed by this Agreement.
Section 4: Governing Law
This Terms of Service is governed by the governing law and jurisdiction provisions set forth in the Master Service Agreement, Section 16.