Recent Changes
21 December 2008
Emails removed to prevent SPAM. Addresses replaced with Contact Us links.
14 September 2008
"Other Restrictions" modified - background programs & IRC
Terms Of Service
By signing up and receiving services such as hosting, graphic design and custom builds, or any other service, the client acknowleges that he/she accepts and abides by these terms of service.
All serviced provided by Tres Blue IT Solutions CC (further refered to as Tres Blue or TresBlue.com) to you, the client, may only be used for lawful purposes. Transmission, storage or presentation of any information, data or material via our servers in violation of any South African or US Federal, State or City law is prohibited. The aforementioned includes but is not limited to:
* Copyrighted material
* Threatening or obscene material
* Protected materials
The subscriber agrees to indemnify and hold harmless Tres Blue and all its employees from any claims resulting from the use of the service which damages the subscriber or any other party.
Tres Blue reserves the right to terminate, or suspend indefinitely, any site that promotes or contains therein any content that Tres Blue deems non-acceptable. Tres Blue will be the sole arbitrator as to what constitutes these violations and any to follow in this Terms Of Service. Tres Blue also reserves the right to terminate or suspend any service provided to the client if the client is either, in arrears in his/her account or has stopped payment indefinitely.
The client has the right to full service for which he/she has paid, unless in violation of this Terms of Service (TOS)
Examples of non-acceptable content or links thereof:
* Pirated software
* Bulk email related products
* Pornography/Nudity/Adult Content
* Hacking/cracking related
* Warez and/or copyrighted material
* Illegal material related
* Sites containing or linking to material that may be considered detrimental to the public health, safety, or welfare. (Such as, but not limited to: Anarchists Cookbook, bomb making, weapon information, or anything else that may be considered detrimental or illegal.)
Tres Blue will report the client and any related parties to the necessary authorities immediately if any illegal activity is found to be taking place via the service offered to the client. Tres Blue reserves the right to scan websites regularly for any material thereof.
Billing
Tres Blue will bill the client on the same day of the month and according to the terms and frequency that he/she signed up. Upon yearly renewal, redundant package accounts will be converted to equivalent packages if applicable. The new cost may vary but Tres Blue insures you the customer against unfair exploitation.
Tres Blue does not provide credit or account services. Invoices must be paid on/before final due date. Terms are strictly "Due on Due Date" (for monthly charges) and " Due on Receipt" for products / designs.
Tres Blue reserves the right to suspend indefinitely, any account that is overdue by 5 days. Tres Blue will,of course, accept arrangements in the event that late payments are a possibility.
Termination of Account
Clients are required to give at least 15 days notice, before next billing period, to Tres Blue, via email, fax or telephonic arrangement, that they wish to terminate their account. A refund for the remaining period of service, minus 25% compensation will be issued.
Immediate Termination
In the event that a client terminates or moves his/her account without notice, no refund will be issued.
Usage of System Resources
If the system administration of Tres Blue determines that a client is utilizing an unacceptable amount of system resources, the administration reserves the right to suspend the service for analysis and questioning. In extreme cases, a Notice of Termination will be sent to the client unless he/she resolves the issue.
Other Restrictions
Due to the nature and/or overuse of system resources, the following are restriced on our servers:
* Domain Parking Circumvention
* Chat Rooms (Except those such as in the control panel)
* IRC
* Background Programs: bots, daemons, monitors
* Any other applications deemed by Tres Blue’s administration team to be abusing system resources
Cron Jobs
Cron Jobs are allowed on our servers. You can set them up from the control panel.
Backups
Scheduled backups occur daily. However, these are for administration purposes and ARE NOT GUARANTEED. The client is solely responsible for their own website. Tres Blue does not provide any sort of compensation for lost or incomplete data in the event that backups do not function – even due to or excluding negligence or errors on Tres Blue’s part or due to server malfunction or moving. Always backup your site on your personal computer!
Support Abuse
It is enforced that staff always treat customers with the utmost respect. Similarly, in return, we do expect the same from the client. We acknowledge that sometimes irritation from the client is a possibility, however, if the employees of Tres Blue feel that the client is consistently addressing them in a demeaning or rude manner, the administration or management reserves the right to terminate the client’s service. The client will receive 5 days notice and be requested to take business elsewhere. No refunds will be issued unless by discretion of management.
Shell Access
By default, shell access is not enabled on accounts. Please contact us with a full explanation for the request of shell access. We will be happy to assist.
General Abuse and SPAM
The sending of SPAM from ours servers is stricltly prohibited. If you as the client find that someone using our servers is abusing the services, deliberately attempting to cause harm to the servers, or you are generally receiving a lot of SPAM. Please feel free to contact us.
Graphic Design & Custom-builds
In the process of creating your design or custom-build, it is the property of Tres Blue until it is completed and full payment is received. The client is legible to receive full warranties (as allocated) on your product.
Tres Blue will take legal action if the service/product, while still as property of Tres Blue according to the aforementioned, is found to be breaching copyright or being tampered with.
After the design / product has ownership transferred to the client, it is the sole responsibility of the client and the client acknowledges that he/she indemnifies and holds harmless Tres Blue for any loss, damage or tribulations to and/or due to the use, of the design / product. The client has carte blanche to utilize and/modify the design/product as is their will.
Breach of Terms of Service
Failure to comply with this TOS is grounds for account termination or suspension. Refunds will not be issued by the discretion of management. Any services (including hosting, design, and custom-builds) must adhere to the above policies. This policy is an initial warning therefore no warning is required in terminating your account for the breach of this TOS.