Terms of Service

The following terms and conditions govern all use of the Bluethrust.com website and all content, services and products available at or through the website, including, but not limited to, Bluethrust Clan Scripts and the Bluethrust.com web hosting service ("Hosting Service"), (taken together, the Website). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, the Website's privacy policy) and procedures that may be published from time to time on this Site.

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Bluethrust.com, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.

  1. Your Bluethrust.com Account and Website. If you create a website using the Hosting Service, you are responsible for maintaining the security of your account and website, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with your website. You must not describe or assign keywords to your website in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Bluethrust.com may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Bluethrust.com liability. You must immediately notify Bluethrust.com of any unauthorized uses of your website, your account or any other breaches of security. Bluethrust.com will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

  2. Responsibility of Contributors. If you operate a website, comment on a website, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
    • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
    • if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
    • you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
    • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
    • the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
    • the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
    • your website is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
    • your website is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your website's URL or name is not the name of a person other than yourself or company other than your own; and
    • you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Bluethrust.com or otherwise.

    By submitting Content to Bluethrust.com for inclusion on your Website, you grant Bluethrust.com a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your website. If you delete Content, Bluethrust.com will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

  3. Payment and Renewal.

    • General Terms.
      Optional paid services such as web hosting, or domain purchases are available on the Website (collectively, "Hosting Service"). By selecting a Hosting Service you agree to pay Bluethrust.com the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for a Hosting Service and will cover the use of that service for a monthly or annual subscription period as indicated. Hosting Service fees are not refundable after 30 days of account creation. Domain registration fees are not refundable. Yearly hosting fees can be refunded in full less a $9.99 domain name fee before the initial 30 day account creation period.
    • Automatic Renewal.
      Unless you notify Bluethrust.com before the end of the applicable subscription period that you want to cancel a Hosting Service, your Hosting Service subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Hosting Service (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Hosting Services can be canceled at any time in the Billing section of your account's dashboard.

  4. Responsibility of Website Visitors. Bluethrust.com has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Bluethrust.com does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Bluethrust.com disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

  5. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Bluethrust.com links, and that link to Bluethrust.com. Bluethrust.com does not have any control over those non-Bluethrust websites and webpages, and is not responsible for their contents or their use. By linking to a non-Bluethrust website or webpage, Bluethrust.com does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Bluethrust.com disclaims any responsibility for any harm resulting from your use of non-Bluethrust websites and webpages.

  6. Copyright Infringement and DMCA Policy. If you think that someone other than you has posted content to the website that you believe is your work and would like it to be taken down, send us an e-mail to support@bluethrust.com and we will remove it. If you would like to go further than that, please continue reading.

    We respect the intellectual property of others, and we ask you to do the same. If you or any user of this site believes its copyright, trademark or other property rights have been infringed by a posting on this site, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:
    1. Identify in sufficient detail the copyrighted work that you believe has been infringed upon or other information sufficient to specify the copyrighted work being infringed).
    2. Identify the material that you claim is infringing the copyrighted work listed in item #1 above.
    3. Provide information reasonably sufficient to permit us to contact you (email address is preferred).
    4. Provide information, if possible, sufficient to permit us to notify the owner/administrator of the allegedly infringing webpage or other content (email address is preferred).
    5. Include the following statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law."
    6. Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
    7. Sign the paper.
    8. Send a copy of the written communication to: support@bluethrust.com.

    You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.

  7. Intellectual Property. This Agreement does not transfer from Bluethrust.com to you any Bluethrust.com or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Bluethrust.com. Trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Bluethrust.com or third-party trademarks.

  8. Advertisements. Bluethrust.com reserves the right to display advertisements on your website unless you have purchased an Ad-free Hosting Service.

  9. Attribution. Bluethrust.com reserves the right to display attribution links such as ‘Powered By: Bluethrust Clan Scripts v4,’ theme author, and font attribution in your website footer. Footer credits may not be altered or removed regardless of hosting services being purchased.

  10. Domain Names. If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers ("ICANN"), including their Registration Rights and Responsibilities.

  11. Changes. Bluethrust.com reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Bluethrust.com may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

  12. Termination. Bluethrust.com may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Bluethrust.com account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

  13. Disclaimer of Warranties. The Website is provided "as is". Bluethrust.com hereby disclaims all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Bluethrust.com makes no warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

  14. Limitation of Liability. In no event will Bluethrust.com, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Bluethrust.com under this agreement during the twelve (12) month period prior to the cause of action. Bluethrust.com shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

  15. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the Bluethrust.com Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

  16. Indemnification. You agree to indemnify and hold harmless Bluethrust.com, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

  17. Miscellaneous. This site (excluding any linked sites) is controlled by us from our offices within the New York, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of New York, by accessing this site both of us agree that the statutes and laws of the State of New York, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this site and the purchase of products and services available through this site. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue any court of competent jurisdiction within the State of New York with respect to such matters. Any cause of action brought by you against us or our Affiliates must be instituted with one year after the cause of action arises or be deemed forever waived and barred. You may not assign your rights and obligations under these Terms of Use to any party, and any purported attempt to do so will be null and void. We may free assign our rights and obligations under these Terms of Use. In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Any failure by us to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision.

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