Blizzard Digital Terms of Service
Upon signing up for or using Blizzard Digital's web services (herein Bliznet™), all customers agree to comply with the Bliznet™ "Terms of Service". Customers are only authorized to use Bliznet™ services for legal and moral purposes. You must consider the rights of Internet users and other Bliznet™ clients.
We reserve the right to monitor e-mail logs for incoming and outgoing abuse as well as performance issues. We reserve the right to monitor Junk E-Mail folders for all users. This enables us to adjust our SPAM blocking techniques to better serve our customers and to provide superior managed e-mail service. We sometimes add senders to your safe senders list to improve the reliability of our mail delivery service. When you request that we diagnose an e-mail issue we might view your other mail folders to determine the cause of the issue. We reserve the right to monitor all Bliznet™ hosted web pages for abuse and violations of our policies. We do not sell or share any customer information with 3rd parties other than legally required requests.
Payment is due in advance of website and email hosting services. Payment is due within 30 days of the invoice date for design, development, and editing services. We reserve the right to terminate any service for non-payment without notice. In most cases, we will contact the client via email when the website and email service is being terminated, but it is the client's responsibility to make sure their service is paid in a timely manner. We do not offer refunds after 10 days of the service start date. (e.g. If you pay annually and cancel after 4 months you may not receive a refund for the unused 8 months.) Keep this in mind when you choose quarterly or annual billing. If we lower our rates, the new rate will take effect at the beginning of your next billing cycle. We do not issue refunds for rate changes. Your rate for your plan will never increase during your billing cycle but you may be obligated to pay for a different plan if you exceed the limits of your plan. In this case we will pro-rate the monthly difference for the remainder of your billing cycle. If your service is canceled, there is a 30 day grace period to reactivate your service; after this grace period, there is a $50 setup fee if you wish to reactivate your service. Your balance and applicable setup fees must be prepaid before we reactivate a terminated service. (Checks must clear first.)
Design and development services are billed at a standard rate of $80.00 per hour unless otherwise agreed upon on a case-by-case basis, such as for graphic design packages. We bill periodically throughout a project, usually weekly. Design, development, and editing services are not included in any hosting fees.
Any estimates we provide for website work are based on correspondence leading up to the time the estimate is given. Any requests, specifications, or requirements given after an estimate is provided will necessitate a separate or revised estimate, since fulfilling further requests may incur costs not included in the estimate.
Website hosting is required for your website to be available on the internet. Hosting is not included in website development costs. Bliznet™ hosting plans start at $15.00 per month, and upgraded hosting plans may be required depending on your specific needs. We may change your hosting plan and its associated rates if your usage requirements exceed the limitations of your current plan. Each unique website hosted by Bliznet™ requires a separate hosting plan and related fees.
- Project Responsibilities
When working with Bliznet™ to design, develop, or edit a website, you may be required to provide material including but not limited to information, images, text content, and media that is necessary to complete the project. You should provide requested materials in a timely manner to achieve a reasonable turnaround time and help us to meet requested deadlines. We are not responsible for any missed deadlines, though we may attempt to accommodate requested project timeframes.
- Website access and editing
To increase security and the value of our service, only Bliznet™ employees or authorized web designers will be permitted direct write access to Bliznet™ hosted files. Select content management systems such as WordPress, chosen at the sole discretion of Blizzard Digital, may be used for client website editing. For security purposes, client WordPress permission levels are restricted to the "Editor" user role. We reserve the right to update your WordPress installation and to maintain comment SPAM rules as well as delete comments that we identify as inappropriate or SPAM.
- Secure and Encrypted Connections
Websites hosted by Bliznet™ must use encrypted connections to collect certain sensitive transaction information such as credit card information and social security number. Specific encryption requirements will be determined at our sole discretion.
- Common scripts, programs, and DLLs
Some of the code we use is copyrighted by Blizzard Digital and is only licensed to run on our servers. You may not transfer these programs or scripts to another service. If you choose to move your service, you may lose some functionality that was provided by our proprietary code. One example is our Real Estate listings and IDX software.
- Third Party Software
Bliznet™ does not warrant or guarantee any third-party software (e.g. content management systems, shopping cart software, etc.) Working around limitations, adding-on to software, or replacing software will be approached on a case-by-case basis and subject to standard billing rates.
- Mailbox Size and Auto-Clean
In an effort to keep your mailbox from exceeding your limit our e-mail system default settings will automatically delete mail from your junk e-mail folder older than 30 days, deleted items older than 60 days. We recommend using an email client so you can move mail from the server to your computer for archive purposes. We receive automated messages when you exceed your mailbox limit so we can temporarily increase your limit until the problem is remedied or we may reduce the size of your mail folders manually to keep you within your limits. These actions and limits do not affect e-mail you have downloaded (POP) to your computer using e-mail clients like Outlook or Outlook Express.
Scanning email for viruses and other malware is the responsibility of the customer and not Bliznet™. We recommend that all email users install a security program that can protect them from malicious email and attachments. We reserve the right to enable/disable anti-virus software on our mail servers at any time but we offer no guarantees. It is the responsibility of each email user to make sure they are protected on their own devices.
- Spam Blocks and Filters
We use a combination of blocks (before the email is received) and filters based on reputation and content to reduce spam. We monitor server logs to try to improve our spam blocks/filters to reduce false positives. If you report a problem with receiving valid email we will diagnose the issue and create rules to remedy the problem. If you request that we help you reduce the amount of spam you receive we will use the server logs and your email currently stored on the server to create new rules. Valid e-mail located in your junk e-mail folder might be moved back to your inbox during a spam check but it is not guaranteed. Customers should check their junk e-mail folder on a regular basis.
- Auto Responders
Auto responders may not be permanently enabled (max 30 days). You may only use an auto response for temporary absence (i.e. Vacation, business trip, illness). We do not allow auto responses to servers that fail an SPF check.
- Mail Forwards
We do not allow automatic mail forwards to e-mail addresses that are not hosted by us. Too many users (mostly AOL) report the forwarded mail as SPAM and the last server it passes through (ours) is the service that gets reported as the spammer. If we make an exception we reserve the right to remove it at any time with or without notice.
- SPAM - UBE - Bulk Email
You can be assessed a fine of up to $250 and/or face immediate suspension. Spamming or the sending of unsolicited email or mass email from or through a Bliznet™ virtual, leased, dedicated or co-located server, or using an email address that is maintained on a Bliznet™ server to send bulk or unsolicited email is STRICTLY PROHIBITED. Bliznet™ will be the sole arbiter as to what constitutes a violation of this provision. The following are a few examples of actions that ARE VIOLATIONS of our terms of service:
- [Violation] Sending marketing email or solicitations to any person or company that did not specifically request to be contacted.
- [Violation] Sending bulk email to addresses from a purchased mailing list.
- [Violation] Sending email advertising from an account or web page on our servers to any person or company that did not request it.
- [Violation] Requests to trade links unless the recipient's email address was publicly displayed on their website or they provided a form. (No domain record scraping.)
- [Violation] Allowing a marketing company to email to their own list about your company, products, services or website.
- [Violation] Sending advertisements to email addresses that were obtained through sales or information requests after you have completed the sale or provided the requested information. (Unless the recipient specifically opted-in)
- [Violation] Automated opt-in on any forms is prohibited. The option must be manually checked by your clients, customers, or visitors. That means opt-in list checkboxes must be defaulted to opt-out.
- [Violation] Sending bulk email to more than 250 addresses in one day (including opt-in lists.) You should use a dedicated mass email service.
- [Violation] Sending to more than 125 addresses in one email (including opt-in lists.) You should use a dedicated mass email service.
Customers are forbidden to send e-mail to any person who did not request to receive it (non opt-in). It is explicitly prohibited to send unsolicited bulk mail messages ("junk mail" or "spam") of any kind (commercial advertising, political tracts, announcements,...) or to post the same or similar messages to large numbers of newsgroups (excessive cross-posting or multiple-posting, also known as "USENET spam").
Unauthorized use, or forging, of mail header information (i.e. "spoofing") is prohibited.
Customers may not forward or propagate chain letters, nor malicious e-mail.
These rules apply to any Internet based distribution medium and any application using the Internet as well (e.g. usenet news, fax-like documents over the Internet).
Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP, which includes, but is not limited to, the facilitation of the means to send e-mail spam, initiation of pinging, flooding, mail-bombing, denial of service attacks, and piracy of software; sending email designed to damage the target system when executed or opened—for example, sending malicious programs or viruses attached to an email; sending email which is designed to cause confusion, consternation, fear, uncertainty, or doubt, such as fake virus warnings. You must never subscribe anyone other than yourself to a mailing list.
Bliznet™ recognizes and encourages the role of the Internet as a valuable medium for responsible advertising and marketing of commercial goods and services. All subscription lists including newsletters must comply with the following guidelines even if they are maintained by a 3rd party on your behalf:
- The opt-in process must not be initiated by an unsolicited email.
- Double opt-in subscription process is strongly encouraged.
- Recipients must be informed of how to correctly and easily remove themselves (opt-out) from a mailing list in the event that they alter or change email addresses, or wish to no longer receive mailings.
- Always remind people that they have opted in to your list.
- Customer must maintain a simple to use opt-out process.
- Opt-outs must be single opt-out, preferably a one-click http link embedded in the message.
- Customer must maintain a master opt-out list that is applied to all mailings.
- Customer must respond professionally and courteously to all complaints.
- Customer must respond to all complaints promptly.
- If you do not already have a procedure for handling complaints, you should create one.
- Customer must maintain and be able to produce the following opt-in record information on demand: date, time, subscriber opt-in IP address, referrer site name or URL.
- Customer must limit their authorized bulk mail to 250 addresses per day unless you use a dedicated mass email service.
When a complaint is received, Blizzard has the discretion to determine from all of the available evidence whether the email recipients were from a legitimate "opt-in" email list and take appropriate action in accordance with this policy.
Violation of these terms and additional mailings sent after twenty four hours of a recipient opting-out will result in a fine, temporary disconnection, or termination of service.
- Mail Relay
We do not allow open e-mail relay through our servers (e.g. routing mail through our server between two email addresses that we don't host, such as with a "tell-a-friend" form). Any exceptions are at our sole discretion.
- Data Backup
While we do maintain backups there is no guarantee implied and we are not obligated in any way to provide access to this data and may charge for this data and restore services.
- File Storage and Sharing - Software Distribution
Your allowed storage space is for website related files ONLY. You are not permitted to use the web server for personal file storage or sharing. Bliznet web hosting accounts are not for the purposes of distributing software and/or multimedia products. If you wish to distribute software and/or multimedia files you will need a different service.
- Server Resources
Any web site or email account that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given the option to pay additional fees (which will depend on the resources required), reduce the resources used to an acceptable level, or move the domain. Bliznet™ is the sole arbiter of what is considered to be a high server usage level. We consider email accounts that are set up to auto-check mail every minute an abuse. Our minimum accepted email auto-check is 5 minutes. This does not stop you from manually checking mail in less time when you are expecting new mail.
We reserve the right to limit the number of files for each domain regardless of the disk space you are paying for. Any web hosting and/or email account deemed to be adversely affecting server performance or network integrity will be shut down without prior notice.
- Illegal or Potentially Illegal Use
Bliznet™ servers can only be used for lawful purposes. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to the following: Copyrighted material, Trademarks, Trade secrets, Material that is obscene, Violations of export laws, Pirated software, Hacker program archives, Warez sites, Program swapping, Music or movie swapping.
- Adult Content
Adult-oriented sites, any form of pornography and sex-related merchandising and/or links to this information are prohibited. We are concerned with legal and moral issues as well as the drain on our network. You should be able to find a host dedicated to adult content. We are not that host.
Violations of system or network security are prohibited and may result in criminal and civil liability. This includes but is not limited to the following: Unauthorized use or access, Probing or port scanning of systems, authentication measures, data, or traffic, Mail bombing, Denial-of-Service or any deliberate attempts to overload a system, Forging of any TCP-IP packet header or any part of the header information, Server Abuse, Any attempts to undermine or cause harm to a Bliznet™ server or customer are strictly prohibited.
- CGI, Perl, and ASP Scripts
CGI programs and PERL scripts are not supported. PHP is only supported for WordPress sites. ASP.NET is supported. Poor code could result in a violation of our server resources clause. All code must be approved by Blizzard Digital.
- Chat Rooms and Forums
Bliznet™ does not allow chat rooms or forums. Chat rooms and forums can require significant system resources and therefore cannot be permitted as an account option. We are dedicated to providing SMB clients with highly reliable and available company websites and both platforms have potential to cause failures. You would be better off with a dedicated server. There are plenty of hosts that can provide better support for forum software and we do not have the resources to monitor forums therefore we do not allow them.
- Unmoderated Comments
Bliznet™ does not allow open and/or unmoderated comments on blogs or other content management systems. We reserve the right to implement anti-spam measures for blog comments on hosted websites.
Bliznet™ does not allow IRC or IRC bots to be operated on our servers.
- Multimedia Files
Multimedia files are defined as any graphics, audio, and video files. Bliznet™ web hosting plans are not to be used for the purposes of distributing and storing a large percentage of multimedia files. Any web site whose disk space usage for storing multimedia files exceeds 35% of its total usage, in terms of total size or number of files, will be considered to be using an unusual amount of multimedia files.
Any database stored on a Bliznet owned or leased server will be limited in size to 5% of the total disk space allocated for that particular domain's plan/web hosting account or 2GB whichever is less.
- Copyright Violations
The Digital Millennium Copyright Act ("DMCA") sets forth the requirements for valid copyright infringement notification. If you would like to notify Bliznet™ of an infringement of your copyright, the DMCA requires that you send your notification to the designated agent. You may choose any of the following methods for this notification:
- Email to email@example.com
- Mail to Blizzard Digital, Attention: Abuse, 581 Ducktown Ln, Ellijay, GA. 30540
The following information should be included:
- A physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner's behalf (the "Claimant").
- Identification of the copyrighted work(s) claimed to have been infringed.
- Identification of the material claimed to infringe the copyright(s), and enough information for Bliznet™ to locate it.
- The Claimant's name, address, and telephone number(s).
- A statement that the Claimant has a good faith belief that use of the disputed material is not authorized by the copyright owner or his agent.
- A statement, under penalty of perjury, that the information in the notification of copyright infringement is accurate and that the Claimant is authorized to act on behalf of the copyright owner.
- Actions Taken by Bliznet™
Failure by a customer to meet or follow any of the above "Terms of Service" is grounds for account termination. Bliznet™ will be the sole arbiter as to what constitutes a violation of the "Terms of Service". Bliznet™ reserves the right to terminate and remove any account without prior notice for any reason we deem necessary without refund or compensation.
When Bliznet™ becomes aware of an alleged violation of its "Terms of Service", Bliznet™ will start an investigation. During the investigation, Bliznet™ may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, Bliznet™ may, at its sole discretion, restrict, suspend, or terminate a customer's services and/or pursue other civil remedies. In the event of a criminal offense, Bliznet™ will notify the law enforcement authorities of such violation.
Bliznet™ does not provide credits for outages incurred through service disablement resulting from "Terms of Service" violations, alleged or actual.
- Right to Cancel
We reserve the right to cancel any service for any reason with a 10 day notice. Violations of our terms of service may void the 10 day notice. We are very particular about our clients. If for any reason we feel your business or business practices do not meet our approval we will give 10 days notice for you to move your service. We are not obligated to provide a reason. After cancellation we will refund a prorated amount if there have been no violations of our terms. This is the only time we offer refunds beyond 10 days after start of service.
Clients may cancel service at any time but are not due any refund after 10 days of service start.
Bliznet™ customers agree to indemnify and hold harmless Bliznet™ from any claims resulting from the use of our services that damages them or any other party. The Bliznet™ service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. Bliznet™ expressly disclaims any representation or warranty that the Bliznet™ service will be error-free, secure or uninterrupted. No oral advice or written information given by Bliznet™, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. Bliznet™ and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.
Bliznet™ reserves the right to add, delete, or modify any provision of its "Terms of Service" at any time without notice. You must check this page often to review any changes.