Terms of Service
TERMS OF SERVICE (TOS)
Fees are payable in advance on the first day of each billing cycle. Customer’s billing cycle shall be monthly or annually as indicated on the Order, beginning on the Service Commencement Date. Blue Arctic LLC may require payment for the first billing cycle before beginning service. If the Order provides for credit/debit card billing, Customer authorizes Blue Arctic LLC to bill subsequent fees to the credit/debit card on or after the first day of each successive billing cycle during the Term of this Agreement; otherwise Blue Arctic LLC will invoice Customer via electronic mail to the Primary Customer Contact listed on the Order. Invoiced fees may be issued on or before the 1st day of each billing cycle, and the fees shall be due on the 14th day following invoice date, but in no event earlier than the first day of each billing cycle.
Payments must be made in United States dollars. Customer is responsible for providing Blue Arctic LLC with changes to billing information (such as credit card expiration, change in billing address) At its option, Blue Arctic LLC may accrue charges to be made to a credit/debit card until such charges exceed $10.00. Blue Arctic LLC may charge interest on overdue amounts at the lesser of 1.5% per month or the maximum non-usurious rate under applicable law. Blue Arctic LLC may suspend the service without notice if payment for the service is overdue. Fees not disputed within sixty (60) days of due date are conclusively deemed accurate. Customer agrees to pay Blue Arctic LLC’s reasonable reinstatement fee following a suspension of service for non-payment, and to pay Blue Arctic LLC’s reasonable costs of collection of overdue amounts, including collection agency fees, attorney fees and court costs.
2. Fee Increases
4. Early Termination
DISCLAIMER OF WARRANTIES
LIMITATION OF DAMAGES
1. Suspension of Service
CANCELLATIONS & MONEY BACK GUARANTEE
2. Money Back Guarantee
Blue Arctic LLC offers a risk free, 30 day money back guarantee on all shared hosting plans. Under no circumstances are there to be refunds for our setup fee, administrative fees, or domain registration fee.
All refund requests after the initial 30 days of service will be refunded at a proactive rate for the unused time. Blue Arctic LLC reserves the right to null and void the money back guarantee for any violation of this Terms of Service Agreement, Acceptable Use Policy, or any reason deemed as just by Blue Arctic LLC.
Only first-time signups will be allowed to utilize our 30 day money back guarantee. For example, if you have had an account with us, canceled and signed up again, you will not be allowed to utilize our money back guarantee. This also applies for current customers who sign up for a second account.
BACK UP COPY
REQUESTS FOR CUSTOMER INFORMATION
CHANGES TO BLUE ARCTIC LLC’S NETWORK
Each party acknowledges and agrees that the other party retains exclusive ownership and rights in its trademarks, service marks, trade secrets, inventions, copyrights, and other intellectual property. Neither party may use the other party’s name or trade mark without the other party’s prior written consent. The parties intend for their relationship to be that of independent contractors and not a partnership, joint venture, or employer/employee. Neither party will represent itself to be agent of the other. Each party acknowledges that it has no power or authority to bind the other on any agreement and that it will not represent to any person that it has such power or authority. This Agreement may be amended only by a formal written agreement signed by both parties. The terms on Customer’s purchase order or other business forms are not binding on Blue Arctic LLC unless they are expressly incorporated into a formal written agreement signed by both parties. A party’s failure or delay in enforcing any provision of the Agreement will not be deemed a waiver of that party’s rights with respect to that provision or any other provision of the Agreement. A party’s waiver of any of its right under the Agreement is not a waiver of any of its other rights with respect to a prior, contemporaneous or future occurrence, whether similar in nature or not. The captions in the Agreement are not part of the Agreement, but are for the convenience of the parties. The following provisions will survive expiration or termination of the Agreement: Fees, indemnity obligations, provisions limiting liability and disclaiming warranties, provisions regarding ownership of intellectual property, these miscellaneous provisions, and other provisions that by their nature are intended to survive termination of the Agreement. There are no third party beneficiaries to the Agreement. Neither insurers nor the customers of resellers are third party beneficiaries to the Agreement. Customer may not transfer the Agreement without Blue Arctic LLC’s prior written consent. Blue Arctic LLC’s approval for assignment is contingent on the assignee meeting Blue Arctic LLC’s credit approval criteria. Blue Arctic LLC may assign the Agreement in whole or in part.
This Agreement together with the Order and AUP constitutes the complete and exclusive agreement between the parties regarding its subject matter and supersedes and replace any prior understanding or communication, written or oral.
RIGHT TO REFUSAL OF SERVICE
Blue Arctic LLC may refuse to accept any customer or any website for participation in the Blue Arctic Network as determined by Blue Arctic LLC at its sole discretion.
This Terms of Service Agreement together with the Order and Acceptable Use Policy constitutes the complete and exclusive agreement between the parties regarding its subject matter and supersedes and replace any prior understanding or communication, written or oral.