Legal Agreements
# BLUEROCK CUSTOMER HOSTING PRODUCT AGREEMENT EXTENSION **BlueRock, a venture of Blue Rock Technosoft** Hereinafter referred to as the **“Parent”** **AND** The individual or legal entity purchasing or using the services, hereinafter referred to as the **“Customer.”** ## 1. AGREEMENT AND SCOPE The Parent and the Customer have entered into a Customer Master Agreement effective from `<Date of Service opt in>`. This Customer Hosting Product Agreement Extension (“Hosting Agreement”) forms an integral part of that Master Agreement. The Parent provides Web Hosting, Virtual Private Server (“VPS”) Hosting, Email Hosting and, where offered, WordPress Hosting services. The Customer wishes to purchase one or more of these services by placing an order through the Parent’s website, customer portal or other authorized ordering channel (“Hosting Order”). The parties agree that the Hosting Order and the use of the hosting services will be governed by the Customer Master Agreement, this Hosting Agreement and the applicable product and service terms. ## 2. RIGHTS OF THE PARENT ### 2.1 Resource management Certain hosting plans may advertise resources as “unlimited” or similar. Such descriptions remain subject to the applicable plan terms, fair-use requirements, technical restrictions and the need to maintain service stability. Shared hosting services operate in an environment where resources are shared with other customers. The Parent may impose reasonable limits on CPU, memory, disk usage, disk I/O, bandwidth, network traffic, processes or other resources to prevent service degradation, excessive usage, security incidents or disruption to other customers. ### 2.2 Protective action Where reasonably necessary, the Parent may throttle, restrict, reconfigure, suspend or otherwise limit a Hosting Order to: 1. Protect the stability, security and integrity of the hosting infrastructure and related services. 2. Address actual or reasonably suspected violations of this Hosting Agreement. 3. Prevent excessive resource consumption or disruption to other customers. 4. Respond to malware, spam, phishing, fraud or other security threats. 5. Comply with applicable law, lawful directions or requirements imposed by authorized upstream service providers. 6. Reduce a material risk of legal, financial or operational harm to the Parent or its service providers. Where practicable, the Parent will notify the Customer and allow a reasonable opportunity to remedy the issue. Immediate action may be taken when reasonably necessary to address urgent security threats, serious abuse, service disruption or legal obligations. To the maximum extent permitted by applicable law, the Parent will not be liable for losses arising solely from a reasonable protective action taken under this clause. Nothing in this clause excludes liability that cannot legally be excluded. ## 3. TERMS OF USAGE The Customer must ensure that the Customer, its employees, contractors, representatives, agents, affiliates, website users and other persons authorized by the Customer comply with this Hosting Agreement. The Customer must not use or permit the Hosting Order to be used for any unlawful, abusive, fraudulent, malicious or prohibited activity. ### 3.1 General restrictions The following activities are prohibited unless expressly authorized in writing by the Parent and permitted under the applicable plan and law: 1. Hosting or distributing pirated software, warez, copyright-infringing material or other unlawful content. 2. Operating fraudulent websites, phishing pages, deceptive payment portals, escrow scams or fraudulent financial schemes. 3. Hosting malware, viruses, malicious scripts, brute-force tools, mail-bombing scripts or software intended to compromise systems. 4. Operating unauthorized proxy services, anonymizers, public file mirrors, file-dumping services or similar resource-intensive applications. 5. Operating IRC scripts, bots or services where prohibited by the applicable plan. 6. Hosting gaming servers, peer-to-peer (“P2P”) clients, trackers, torrent software, torrent files or related services where prohibited by the applicable plan. 7. Operating autosurf, pay-to-click, pay-to-surf or similar artificial traffic-generation services. 8. Hosting illegal investment schemes, Ponzi schemes, pyramid schemes, fraudulent high-yield investment programmes or deceptive financial promotions. 9. Selling controlled or regulated substances without legally required licenses or authorizations. 10. Publishing unlawful threats, harassment, defamatory material, discriminatory content or content that unlawfully incites violence. 11. Operating cryptocurrency or other digital-currency mining activities that are prohibited by the applicable plan or materially burden shared resources. 12. Hosting content or operating services that violate applicable law or materially threaten the security, integrity or performance of the Parent’s systems. This list is illustrative and does not limit restrictions imposed by applicable law or the relevant service plan. ### 3.2 Resource usage and processes On shared hosting plans subject to the following limits, the Customer must not: 1. Consume more than **25% of system resources**—including CPU, memory, disk, network or bandwidth capacity—for longer than **90 seconds in any consecutive six-hour period**. 2. Execute long-running, standalone, unattended server-side processes, bots or daemons that are not permitted by the applicable plan. 3. Run web spiders, crawlers or indexers that are prohibited by the plan or create excessive resource usage. 4. Run software that interfaces with an IRC network where such activity is prohibited. 5. Run cron jobs at intervals shorter than **15 minutes**, where this restriction applies. 6. Constantly create and delete large numbers of files or cause filesystem damage. 7. Use excessive resources in a manner that materially degrades service performance, availability or the experience of other customers. The Parent may investigate and take reasonable action in response to excessive resource consumption. The above numerical limits apply only to plans for which they are specified and technically relevant. ### 3.3 Email usage and anti-spam requirements The Customer must not use hosting email services to send or receive unsolicited bulk email, spam, malicious messages or other prohibited communications. The Customer must: 1. Use valid sender addresses and maintain appropriate email authentication and security configurations. 2. Send messages only in accordance with applicable law and any required recipient consent. 3. Maintain appropriate recipient lists and remove invalid or repeatedly bouncing addresses. 4. Prevent compromised accounts, websites, applications or devices from sending malicious or unsolicited email. 5. Use an appropriate email marketing or mailing-list service for bulk campaigns where required by the applicable plan, rather than sending such campaigns through ordinary hosting mailboxes. 6. Avoid sending email containing malware, malicious links, deceptive content or other prohibited material. Where the applicable plan specifies these limits, the Customer must not send more than: * **100 outgoing email messages per hour per user; or** * **300 outgoing email messages per hour per domain.** Excessive invalid-recipient bounces, repeated delivery failures, malicious email or spam activity may result in temporary restrictions on an affected mailbox or domain. Repeated or serious violations may result in suspension or termination in accordance with this Hosting Agreement and the Master Agreement. The Parent may also restrict email services where necessary to protect its infrastructure, upstream providers or email reputation. ### 3.4 Cryptocurrency mining The Customer must not purchase, sell, operate or mine Bitcoin or other digital currencies through the Hosting Order where such activity is prohibited by the applicable plan, creates excessive resource consumption or violates applicable law. ## 4. WEB AND EMAIL HOSTING-SPECIFIC TERMS Unless the applicable plan expressly permits otherwise, the Customer must not: 1. Use a web or email hosting account primarily as a backup device, file repository or general-purpose storage service. 2. Run gaming servers or other applications prohibited by the plan. 3. Store more than **100,000 files** on a plan subject to this limit. 4. Constantly create and delete large numbers of files or perform activities that damage the filesystem. 5. Run MySQL queries lasting longer than **15 seconds** where this limit applies. 6. Divide a multi-domain hosting order into smaller packages for resale unless the applicable plan expressly authorizes resale. 7. Use a multi-domain hosting order for websites that are not owned by or properly authorized to the Customer where the plan is intended for the Customer’s own websites. 8. Store excessive quantities of audio, video or other media files beyond the limits or intended use of the plan. 9. Send more than the applicable hourly email limits or receive excessive email volumes that materially affect service performance. 10. Purchase or use a dedicated IP address without installing and maintaining an appropriate SSL/TLS certificate where required by the applicable service. 11. Use a WHMCS license issued by the Parent with a product or service other than the one for which the license was issued. 12. Store more than **two website backup files** within the hosting account where this restriction applies. 13. Use more than **5 GB per database** where this restriction applies. 14. Use more than **50% of the hosting account’s allocated website disk space for email storage** where this restriction applies. 15. Violate applicable usage restrictions for a Hosting Order that includes a website builder powered by Jigsy or another third-party provider. Where reasonably required, the Parent may request documents establishing the Customer’s identity, authority or rights to use the domains and websites associated with a multi-domain hosting order. Identical WHOIS information for several domains will not, by itself, necessarily establish ownership or authorization. Any numerical restriction in this section applies only where relevant to the Customer’s purchased plan and disclosed or otherwise incorporated into the applicable service terms. ## 5. ADDITIONAL TERMS FOR WORDPRESS HOSTING These additional terms apply where the Customer purchases WordPress Hosting or Managed WordPress Hosting. ### 5.1 Intended use WordPress Hosting uses a specialized server configuration intended to support the WordPress software platform. Use of the service with unrelated software may be unsupported or may not function as expected. ### 5.2 Plugins, themes and add-ons Some WordPress plugins, themes and add-on applications require specific server configurations or resources. The Customer should contact technical support before installing software where compatibility is uncertain. The Parent may decline requests to modify standard configurations where a proposed change would materially compromise server performance, security or stability. The Parent is not responsible for incompatibility, downtime or loss caused by third-party plugins, themes, software or modifications, except to the extent liability cannot lawfully be excluded. ### 5.3 Domain names and DNS Where required by the applicable WordPress Hosting plan, domain names hosted on the service must use the nameservers specified by the Parent for DNS resolution. Any alternative DNS arrangement is subject to the plan’s technical requirements and the Parent’s approval where required. ### 5.4 Third-party terms and privacy policies The Customer must comply with the terms and privacy policies applicable to WordPress, Automatic and any third-party products or services used by the Customer. The following resources may be relevant: * WordPress.com Terms of Service: https://wordpress.com/tos/ * Automatic Privacy Policy: https://automattic.com/privacy/ These terms and policies may change over time. The Customer should review the current versions and determine which provisions apply to the Customer’s actual use of the relevant products or services. The Parent does not control independent third-party services or their privacy practices. Nothing in this clause makes the Parent responsible for third-party acts or omissions beyond the Parent’s obligations under applicable law. ## 6. CUSTOMER RESPONSIBILITIES AND SECURITY The Customer is responsible for: 1. Maintaining secure passwords and protecting account credentials. 2. Keeping websites, applications, plugins, themes and scripts updated. 3. Ensuring that content and software hosted through the Hosting Order are lawful and properly licensed. 4. Securing websites, databases, email accounts and other applications under the Customer’s control. 5. Promptly notifying the Parent of suspected unauthorized access, malware infection, data compromise or other security incidents. 6. Maintaining independent backups of important websites, databases, email and other data unless a specific backup service has been purchased. The Customer must cooperate with reasonable technical requests made to investigate or remedy security issues. ## 7. DATA, BACKUPS AND RESTORATION The Customer retains responsibility for the content and data stored, processed or transmitted through the Hosting Order. Any backup, restoration or recovery service is subject to the features, retention limits and conditions of the applicable plan. Unless the purchased service expressly provides otherwise, the Customer must not rely on the Parent’s backup facilities as the sole copy of important data. The Customer should retrieve or back up its data before the hosting service expires or terminates. Any post-termination retention period, retrieval assistance or applicable charge will be governed by the Master Agreement and the relevant service terms. ## 8. FEES, RENEWAL AND EXPIRY The Customer must pay all fees, renewal charges, applicable taxes and other amounts disclosed in the Hosting Order or relevant pricing terms. The Customer is responsible for maintaining accurate billing and contact information and renewing the service before expiry if continued access is required. Non-payment may result in reminders, restrictions, suspension or termination in accordance with the Master Agreement and applicable policies. The Customer acknowledges that expiry, suspension or termination may affect website availability, email access, databases and stored data. ## 9. THIRD-PARTY SERVICES The Hosting Order may depend on third-party data centers, network providers, software vendors, control panels, licensing providers and other upstream services. The Parent will take reasonable steps to manage the services under its control but does not guarantee the availability or performance of independent third-party systems outside its reasonable control. The Customer must comply with applicable third-party license terms and pay any additional third-party charges disclosed as payable by the Customer. ## 10. SUSPENSION AND TERMINATION Subject to applicable law and the Master Agreement, the Parent may restrict, suspend or terminate all or part of the Hosting Order where reasonably necessary due to: 1. A material breach of this Hosting Agreement or the Master Agreement. 2. Non-payment of amounts due. 3. Spam, malware, phishing, fraud or other prohibited activity. 4. Excessive resource consumption or material disruption to other customers. 5. Unauthorized access, a security incident or a credible threat to the hosting environment. 6. A lawful direction or requirement from an authorized regulator or upstream provider. 7. Repeated failure to remedy a notified violation. Where practicable, the Parent will notify the Customer of the reason and provide a reasonable opportunity to remedy the issue. Immediate action may be taken where delay could cause harm, compromise security, disrupt services or violate applicable law. Restoration may require correction of the underlying issue, verification of account security and payment of outstanding charges. ## 11. LIMITATION OF LIABILITY The Parent will provide the hosting services with reasonable care, subject to the applicable plan and agreements. To the maximum extent permitted by law, the Parent does not warrant that the hosting services will be uninterrupted, error-free, completely secure or compatible with every application or configuration. To the maximum extent permitted by law, the Parent will not be liable for indirect, incidental, special or consequential losses, including loss of profits, revenue, business opportunity, goodwill or data, arising from the use of or inability to use the Hosting Order. Nothing in this Hosting Agreement excludes or limits liability that cannot lawfully be excluded or limited. Any valid liability cap or additional remedy in the Master Agreement will apply in accordance with its terms. ## 12. INDEMNIFICATION To the extent permitted by applicable law, the Customer will be responsible for third-party claims, liabilities and reasonable costs arising from the Customer’s unlawful use of the Hosting Order, infringement of third-party rights, or material breach of this Hosting Agreement. This obligation will not apply to the extent that a claim or loss results from the Parent’s own unlawful conduct or liability that cannot lawfully be excluded. ## 13. PRIVACY AND DATA PROTECTION The Parent and the Customer must handle personal data in accordance with applicable law and their respective responsibilities. The Customer is responsible for ensuring that personal data collected through its websites, applications and email services is collected, used, stored and disclosed lawfully, including providing required notices and obtaining required consents. The Parent may process account, billing, technical and service data as reasonably necessary to provide, maintain, secure and support the hosting services, comply with legal obligations and enforce applicable agreements. Additional details may be set out in the Parent’s privacy policy and applicable data-processing terms. ## 14. RELATIONSHIP WITH THE MASTER AGREEMENT This Hosting Agreement forms part of the Customer Master Agreement and must be read together with it. Except as expressly stated in this Hosting Agreement, the Master Agreement remains in effect. The documents should be interpreted consistently wherever possible. If an irreconcilable conflict arises, any express order-of-precedence provision in the Master Agreement will apply, subject to applicable law. ## 15. AMENDMENTS The Parent may update this Hosting Agreement where reasonably necessary to reflect changes in technology, security requirements, services, upstream-provider terms or applicable law. Where required by law or the Master Agreement, the Parent will provide notice of material changes. Continued use of the services after a change takes effect will constitute acceptance only to the extent permitted by applicable law and the Master Agreement. ## 16. GOVERNING LAW AND DISPUTES This Hosting Agreement is governed by the governing-law and dispute-resolution provisions of the Customer Master Agreement, subject to applicable mandatory law. ## 17. ACCEPTANCE By placing a Hosting Order, electronically accepting this Hosting Agreement or using the relevant hosting services after being provided access to these terms, the Customer acknowledges that the Customer has had an opportunity to review and agrees to be bound by this Hosting Agreement and the applicable Customer Master Agreement.