Terms of Service

Updated August 1, 2019

This is an agreement between Blockwire and all its hosting clients.

Activities subject to immediate suspension / termination

Any hosting account that is used for illegal, abusive or unethical activity may be immediately suspended by Blockwire without warning to you. Any misuse, overusage or abuse of the service will result in immediate suspension of an account. Illegal, abusive or unethical activities include, but are not limited to inclusion of or linking to violations of privacy, hacking, botnet related scripts and programs, non approved server scripts, eggdrops, proxies, computer virus, gambling, or promotion of gambling, and any harassing or harmful materials or uses, as determined by Blockwire.

All IRC activity is prohibited. This includes running any type of IRC software including, but not limited to, IRC client software, IRC server software, web-based IRC software, IRC bots such as "eggdrop", and IRC proxies such as "psyBNC".

Proxy Servers are prohibited. This includes, but is not limited to, SOCKS proxies, Squid proxies, Bittorrent Proxies, Tor, and any CGI or PHP proxy scripts.

You agree to indemnify and hold Blockwire harmless from any claim resulting from your publications or use of illegal, abusive or unethical materials. Although we will make reasonable efforts to alert you to such activities and allow you an opportunity to cure them within a 24-hour period after discovery, we are not required to give notice before suspending or terminating your use of our services if, in our discretion, your use is or results in illegal, abusive or unethical activities.

Blockwire reserves the right to suspend or cancel/terminate any account at any time for any reason. There will be no tolerance of any abuse of any of our support methods, which could result in immediate suspension.

Public nature of the internet

Please understand that all information submitted on the hosting account shall be considered publicly accessible. A backup of any content you host with Blockwire should be protected and/or backed up by you & we accept no responsibility for loss of data or financial losses that are incurred as a result of acts of God, breaches, hardware failure, or any other reason. Blockwire is not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network provider that you may use.

Unsolicited e-mail

You are expressly prohibited from sending unsolicited bulk mail messages ('junk mail' or 'spam'). This includes, but is not limited to, bulk-mailing of commercial advertising, information announcements, and political tracts. In accordance with the CAN-SPAM ACT of 2003 S. 877, such material may only be sent to those who have specifically requested it. Malicious or threatening email is also prohibited. Blockwire reserves the right to immediately suspend or terminate your use of our service if we discover such activity. Furthermore, you agree to indemnify and hold Blockwire harmless from any claim resulting from your use or distribution of electronic mail services through the service provided through this Agreement. Anyone using Blockwire's services for spamming will be immediately subject to a $250 cleanup/network abuse fee. When a complaint is received, Blockwire will investigate and shutdown the account that is spamming.

Service fees

All payments are due on time, without exception. Accounts with any past due invoices are at risk of suspension and possible late fees. Any account suspended for more than a 60 day period will be terminated by Blockwire, possibly without backup.

The accepted methods of payment are credit card (Visa, MasterCard, American Express, and Discover). Chargebacks are subject to a $50 fee. Clients are responsible for any additional transaction fees that coincide with any payment methods. Blockwire reserves the right to deny Client the use of any payment method for, but not limited to, abuse or misuse of a payment method. Abuse of a payment method may also be grounds for further disciplinary action up to and including the immediate and permanent cancellation of the Client's services or their entire account with Blockwire.

Third-party script assistance

Blockwire retains the right not to assist clients with third party applications. This includes any script uploaded by the client, installed using cPanel, it's scripts library or any installer within. Any assistance, support, or troubleshooting provided by Blockwire for ANY third party script or application will be potentially subject to an hourly service fee.

Hosting accounts

Hosting accounts are intended to be utilized by the original account holder only and anyone attempting to resell their allocated space or bandwidth to other users will be suspended indefinitely.

Account cancellation

Client must submit service cancellations by opening a ticket through our client portal at least 7 days but not more than 30 days before the end of the service's billing cycle. Cancellation requests are not accepted through phone, email, fax, or any other method besides through opening a ticket through our client portal. You must have all account information to cancel an account. Only the authorized account holder may cancel the account.

Refunds

If Client is not in default with respect to any terms of this Agreement, a pro-rated refund is available for any remaining credit on file. No partial month fees shall be refunded and domain names and other services are non-refundable. Any refunds shall be made within thirty (30) days of written request from the Client.

Bandwidth / data transfer

Client agrees that bandwidth usage shall not exceed the number of gigabytes per month for the services ordered by Client. Blockwire shall have the right to take corrective action if Client's bandwidth usage exceeds the amount allocated by Client's service plan ("Allocation"). Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all services, or termination of this agreement. Which actions may be taken is in Blockwire's sole and absolute discretion. Blockwire believes in communicating with our clients and we try to work with our clients to resolve any overage issues before taking action which could cause a client's service to become unavailable. Bandwidth usage is measured on a calendar month regardless of Client's billing cycle. Both incoming and outgoing traffic are counted. Unused bandwidth allocations cannot be carried over to future months.

Courtesty transfer / migration service

Blockwire performs all account transfers, account moves, cPanel transfers, server transfers and any other service which involves Blockwire copying files of yours from a third party service to your Blockwire service, hereafter known as a "transfer", as a courtesy service only. By requesting Blockwire to perform a transfer you agree too indemnify and hold harmless Blockwire from any and all liability arising from the transfer and/or copying of your accounts. You also agree Blockwire is not responsible for any issues relating to the transfer of your accounts, both on your Blockwire service and at any other third party service from which Blockwire may be transferring your accounts from, including but not limited to, missing or corrupted files, improperly transferred accounts, any and all fees you may incur from third party services such as bandwidth fees or charges from delays in transferring account, settings or files from third party providers which may not transferred, any downtime or outages, DNS problems, accounts set up on incorrect IP addresses, any issues at third party services which delay or prevent Blockwire from performing the service, or any other issues. Blockwire makes no guarantees regarding the availability of our transfer service or the amount of time it takes to perform transfers. Blockwire can only perform transfers from any service which uses the same control panel that is used on your Blockwire service (i.e., cPanel). Blockwire will still provide "best effort" assistance which includes general advice on file transfer and configurations, DNS settings, MySQL database imports, and other general assistance for Clients whose 3rd party service does not use the same server control panel.

Miscellaneous

We reserve the right to refuse service to anyone at any time for any reason. Blockwire is not responsible for data integrity on equipment reclaimed for non-payment. Anything not explicitly stated in this agreement is subject to interpretation at Blockwire's sole and absolute discretion. You, as Blockwire's client, are solely responsible for the content stored on and served by your Blockwire service.

Terms of service changes

Blockwire reserves the right to change this agreement at any time. Such changes, modifications, additions or deletions shall be effective immediately upon posting on-line at this location. You acknowledge and agree that it is your responsibility to review this site and this agreement periodically and to be aware of any modifications. Your continued use of the services after such modifications will constitute your: (a) acknowledgment of the modified terms of service; and (b) agreement to abide and be bound by the modified terms of service. If you do not agree to these terms, please contact us to cancel your services.