Terms and Conditions

These Terms of Service (“Terms”) describe our commitments to you, and your rights and responsibilities when using our services.

“You” means any individual or entity using our Services. If you use our Services on behalf of another person or entity, you represent and warrant that you’re authorized to accept the Agreement on that person’s or entity’s behalf, that by using using our Services you’re accepting the Agreement on behalf of that person or entity, and that if you, or that person or entity, violates the Agreement, you and that person or entity agree to be responsible to us.

“We” are Blue Exabyte LLC, a limited liability company of New Jersey. 

These Terms govern your access to and use of the products and services we provide including websites, content storage, domain names, advertisements, ecommerce, and any other products and services we may provide you (collectively, “Services”).

These Terms also govern visitors’ access to and use of any websites that use our Services. Please note, that the operators of those websites may also have their own separate terms of use.

Please read these Terms carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to be bound by all of the Terms and all other operating rules, policies, and procedures that we may publish via the Services from time to time (collectively, the “Agreement”). You also agree that we may automatically change, update, or add on to our Services, and this Agreement will apply to any changes.

These Terms were adapted from Automattic’s legal documents on GitHub.

1. Your Account

When using our Services requires an account, you agree to provide us with complete and accurate information and to keep the information current so that we can communicate with you about your account. We may need to send you emails about notable updates (like changes to our Terms of Service or Privacy Policy), or to let you know about legal inquiries or complaints we receive about the ways you use our Services so you can make informed choices in response.

We may limit your access to our Services until we’re able to verify your account information, like your email address.

When you create an account, we consider that to be an inquiry about our products and services, which means that we may also contact you to share more details about what we have to offer (i.e., marketing). Don’t worry — if you aren’t interested, you can opt out of the marketing communications, whether it’s an email, phone call, or text message.

You’re solely responsible and liable for all activity under your account. You’re also fully responsible for maintaining the security of your account (which includes keeping your password secure). We’re not liable for any acts or omissions by you, including any damages of any kind incurred as a result of your acts or omissions. 

Don’t share or misuse your access credentials. And notify us immediately of any unauthorized uses of your account, store, or website, or of any other breach of security. If we believe your account has been compromised, we may suspend or disable it.

2. Minimum Age Requirements

Our Services are not directed to children. You’re not allowed to access or use our Services if you’re under the age of 18. If you register as a user or otherwise use our Services, you represent that you’re at least 18. 

3. Responsibility of Visitors and Users

We can’t review all of the content (like text, photo, video, audio, code, computer software, items for sale, and other materials) posted to or made available through our Services by users or anyone else (“Content”) or on websites that link to, or are linked from, our Services. We’re not responsible for any use or effects of Content or third-party websites. So, for example:

  • We don’t have any control over third-party websites.
  • A link to or from one of our Services does not represent or imply that we endorse any third-party website.
  • We don’t endorse any Content or represent that Content is accurate, useful, or not harmful. Content could be offensive, indecent, or objectionable; include technical inaccuracies, typographical mistakes, or other errors; or violate or infringe the privacy, publicity rights, intellectual property rights, or other proprietary rights of third parties.
  • You’re fully responsible for the Content available on your website, and any harm resulting from that Content. It’s your responsibility to ensure that your website’s Content abides by applicable laws and by the Agreement.
  • We aren’t responsible for any harm resulting from anyone’s access, use, purchase, or downloading of Content, or for any harm resulting from third-party websites. You’re responsible for taking the necessary precautions to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
  • Any Content that’s for sale through any of our Services is the seller’s sole responsibility, so you must look solely to the seller for any damages that result from your purchase or use of Content.
  • We are not a party to, and will have no responsibility or liability for, any communications, transactions, interactions, or disputes between you and the provider of any Content.

Please note that additional third-party terms and conditions may apply to Content you download, copy, purchase, or use.

4. Fees and Payment

a. Automatic Fees

Fees for Services. Our Services are offered for a fee. By using a Service, you agree to pay the specified fees. Depending on the Service, there may be one-time fees, recurring fees, and/or revenue-based fees. For recurring fees, we’ll bill or charge you monthly, on a pre-pay basis until you cancel, which you can do at any time by contacting support@35.231.165.131 from the email associated with your account and listing which Services you want to cancel. For revenue-based fees, you pay us a percentage of the revenue your website generates. Revenue-based fees are ongoing.

Taxes. To the extent permitted by law, or unless explicitly stated otherwise, all fees do not include applicable federal, provincial, state, local or other governmental sales, value-added, goods and services, harmonized or other taxes, fees, or charges (“Taxes”). You’re responsible for paying all applicable Taxes relating to your use of our Services, your payments, or your purchases. If we’re obligated to pay or collect Taxes on the fees you’ve paid or will pay, you’re responsible for those Taxes, and we may collect payment.

Payment. If your payment fails, Services are otherwise not paid for or paid for on time (for example, if you contact your bank or credit card company to decline or reverse the charge of fees for Services), or we suspect a payment is fraudulent, we may immediately cancel or revoke your access to Paid Services without notice to you.

Fees and Changes. We may change our fees at any time in accordance with these Terms and requirements under applicable law. This means that we may change our fees going forward, start charging fees for Services that were previously free, or remove or update features or functionality that were previously included in the fees. If you don’t agree with the changes, you must cancel your Service.

Refunds. We’ll provide refunds if required by law. In all other cases, there are no refunds and all payments are final.

b. Fees Collected by Website Owners

Fees Paid to Websites or Website Owners. Website owners can sell items (goods, content, services, etc.), offer subscriptions for their websites at specific price points and intervals, or simply collect payments. We’re not involved in a website’s subscription details or store operations (including the quality, timing, pricing, or legality of what may or may not be included in exchange for payment, or any goods or services purchased). If you buy items or subscriptions from a website, you’re making the purchase directly from the website owner, and they’re solely responsible for the items sold. Please contact the website owner if you have any questions or complaints.

Refunds. We’re not responsible for refunding fees paid to a website owner because those transactions are between website owners and their users. If you’d like to request a refund, please contact the website owner. If you have a complaint regarding a website owner, you can contact@35.231.165.131.

5. Feedback

We love hearing from you and are always looking to improve our Services. When you share comments, ideas, or feedback with us, you agree that we’re free to use them without any restriction or compensation to you.

6. General Representation and Warranty

You represent and warrant that your use of our Services:

  • Will be in strict accordance with the Agreement;
  • Will comply with all applicable laws and regulations (including, without limitation, all applicable laws regarding online conduct and acceptable content, privacy, data protection, the transmission of technical data exported from the United States or the country in which you reside, the use or provision of financial services, notification and consumer protection, unfair competition, and false advertising);
  • Will not be for any unlawful purposes, to publish illegal content, or in furtherance of illegal activities;
  • Will not infringe or misappropriate the intellectual property rights of Blue Exobyte or any third party;
  • Will not overburden or interfere with our systems or impose an unreasonable or disproportionately large load on our infrastructure, as determined by us in our sole discretion;
  • Will not disclose the personal information of others;
  • Will not be used to send spam or bulk unsolicited messages;
  • Will not interfere with, disrupt, or attack any service or network;
  • Will not be used to create, distribute, or enable material that is, facilitates, or operates in conjunction with, malware, spyware, adware, or other malicious programs or code;
  • Will not involve reverse engineering, decompiling, disassembling, deciphering, or otherwise attempting to derive the source code for the Services or any related technology that is not open source; and
  • Will not involve renting, leasing, loaning, selling, or reselling the Services or related data without our consent.

7. Specific Service Terms

a. Website Service

We create beautiful websites and would love to create one for you. Our basic Website Service (“Website”) includes a series of web pages. Although the web pages can be vibrant and dynamically rendered, the continent on the page will be static. Once you have approved your website, you will not be able to make changes without additional Fees. If you would prefer to update your site regularly or allow users to save data on your website, consider our Content Storage Service. Additionally, if you would prefer a custom domain name for your website and do not currently manage your own domain name or wish to transfer management to us, we would recommend our Domain Name Service. 

We don’t own your content, and you retain all ownership rights you have in the content you post to your website. However, be responsible in what you publish. In particular, make sure that nothing prohibited (like spam, viruses, or serious threats of violence) appears on your website.

We work with third-party cloud hosts to provide for your website. By using Website Service you agree to the applicable third-party terms of service.

If you find a Blue Exobyte website that you believe violates these Terms, please email us at contact@35.231.165.131.

License. By uploading or sharing Content, you grant us a worldwide, royalty-free, transferable, sub-licensable, and non-exclusive license to use, reproduce, modify, distribute, adapt, publicly display, and publish the Content solely for the purpose of providing and improving our products and Services and promoting your website. This license also allows us to make any publicly-posted Content available to select third parties.

Web Traffic. We may use a third-party service to measure audience and usage. You agree to assign the traffic for your website to Blue Exabyte, and you authorize us to sign a Traffic Assignment Letter on your behalf. This means that your website’s traffic may be included under Blue Exobyte, your website may not receive credit for traffic in the respective reports, and you must not assign your website’s traffic to any other party. If we require additional documentation to verify ownership of your website or domain name, you agree to make reasonable efforts to provide it.

HTTPS. By signing up and using our Domain Name Service, you authorize us to act on the domain name registrant’s behalf (by requesting the necessary certificates, for example) for the sole purpose of providing HTTPS on your website.

Attribution. We may display attribution text or links in your website footer or toolbar, noting that your website is powered by Blue Exobyte or attributing the creator of your theme, for example.

b. Content Storage Service

The Content Storage Service is an enhancement to the Website Service that allows you to make changes to certain sections of your website and, if you choose, allow users to save data or make changes to your site. 

Removing Content. If you delete Content, we’ll use reasonable efforts to remove it from public view, but you acknowledge that cached versions of the Content or references to the Content may not be immediately unavailable.

Email. Email services, if included, are provided “as is.” We make no warranties related to these services.

c. Domain Name Service

Our Domain Name Service provides you with a custom domain for your website, for example “YourCompany.com”. We work with third-party registrars to provide domain name services. When you register a domain, you’re presented with and must agree to the applicable domain registration agreement. These registrar terms are incorporated by reference into these Terms.

Your domain is subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”). You can read about your rights and responsibilities as a domain name registrant under ICANN’s Registrar Accreditation Agreement and about domain name registration generally.

When you register a domain, you’re required to provide complete and accurate registration information, and you must keep this information current. Your account contact information you provide us with will be used as your administrative contact, technical contact, and billing contact for the domain.

d. Advertising Service

Our Advertising Service will advertise your website on other websites. We work with third-party advertising platforms. When you select an advertising platform, you’re presented with and must agree to the applicable terms and conditions. These terms are incorporated by reference into these Terms.

e. Ecommerce Service

Our Ecommerce Service allows you to accept orders and process payments from customers on your website. We work with third-party order and payment platforms. Some of your — and your customers’ — data may be submitted directly to or passed to the respective third party, and the respective third party’s terms of service, privacy policy, and other policies will apply. Your use of Ecommerce Service means you agree to comply with those terms and conditions.

We may also offer you the ability to process certain transactions in-person through our In-Person Payments feature. As part of this feature, we may provide you with a point-of-sale (POS) terminal. These POS terminals are manufactured by third parties and are provided “as-is.”

Your responsibilities. You’re solely responsible for all of your ecommerce activities, including managing subscriptions for your website, managing your store, all applicable taxes and fees, compliance with the Payment Card Industry Data Security Standard (PCI DSS), and compliance with any applicable laws (such as those relating to automatic renewal). Among other things, this means that:

  • We’re not involved in your relationships or transactions with any customer or potential customer.
  • You may only use Ecommerce Services for legitimate transactions with your customers.
  • You must accurately communicate transaction details; set expectations appropriately; and fulfill all promises, representations, or warranties you’ve made. For example, if you’d like to offer subscribers a new post each week for contributing to your site, but aren’t sure if you’ll be able to post that frequently, you should be clear that weekly posts are a goal and not a guarantee.
  • You’re responsible for the nature and quality of the products or services you provide, and for delivery, support, refunds, returns, providing any appropriate warnings and for any other ancillary services you provide to your customers.
  • You’re responsible for resolving all support questions, comments, and complaints, including chargebacks and pricing questions. You must provide contact information so customers can contact you with questions or complaints.
  • You must maintain a fair return, refund, cancellation, or adjustment policy, and clearly explain how customers can request a refund.
  • You’re responsible for acquiring appropriate consent to submit charges on your customers’ behalf, giving customers confirmation or receipts for each charge, verifying customers’ identities, and determining a customer’s eligibility and authority to complete transactions.
  • If you believe that a transaction may be erroneous or suspicious, you should research the transaction and, if necessary, contact your customer before fulfilling or completing the transaction.
  • If you have transactions with individuals (i.e., consumers), you specifically agree to provide consumer disclosures required by law, and to not engage in unfair, deceptive, or abusive acts or practices.
  • You’re financially liable for disputes (including chargebacks), refunds, reversals, or fines that arise from your use of Ecommerce Service.
  • You must ensure that any information you provide about your business, products, and services is accurate, complete, and current.
  • You agree to promptly notify us at support@35.231.165.131 if you receive any inquiry or action from a government or regulatory agency (such as the Federal Trade Commission or a state Attorney General) relating to your transactions.

Prohibited Uses. You may not use Ecommerce Services for any unlawful purposes; in furtherance of illegal activities; or in a manner that is unfair, deceptive, exposes us or customers to unreasonable risks, or does not disclose important terms of a transaction in advance. Among other things, this means that:

We may terminate your access to our Services or force refunds (where possible) to your subscribers and customers without notice to you if we determine (in our sole discretion) that your use violates the Agreement, or if a payment processor or regulatory authority requires it.

Tax Calculations. You’re responsible for payment of all applicable Taxes relating to your ecommerce activities and your use of Ecommerce Services. You must collect, report, and/or pay the correct amounts to the appropriate authorities if applicable, and if needed, tell your customers about any Taxes they may be required to pay and issue appropriate invoices. While some Ecommerce Services allow you to include sales taxes in transactions, you shouldn’t rely solely on these features. We can’t guarantee that tax calculations you receive through or in connection with our Services are complete and accurate. Tax laws also differ from jurisdiction to jurisdiction and may be interpreted differently by different authorities. We recommend consulting with a tax professional for your specific tax situation to assess the tax rates you should charge.

If we’re obligated to pay or collect Taxes on your ecommerce activities or your use of Ecommerce Services, you’re responsible for these Taxes, and we may collect payment for them from you.

8. Copyright Infringement and DMCA Policy

As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. 

9. Intellectual Property

The Agreement doesn’t transfer any Blue Exobyte or third-party intellectual property to you, and all right, title, and interest in and to such property remains (as between Blue Exobyte and you) solely with Blue Exobyte. Trademarks, service marks, graphics, and logos used in connection with our Services may be the trademarks of Blue Exobyte and third parties. Using our Services doesn’t grant you any right or license to reproduce or otherwise use any Blue Exobyte or third-party trademarks.

10. Third-Party Services

While using the Services, you may enable, use, or purchase services, products, software, embeds, or applications (like themes, extensions, plugins, or blocks) developed by a third party or yourself (“Third-Party Services”).

If you use any Third-Party Services, you understand that:

  • Third-Party Services aren’t vetted, endorsed, or controlled by Blue Exabyte.
  • Any use of a Third-Party Service is at your own risk, and we won’t be responsible or liable to anyone for Third-Party Services.
  • Your use is solely between you and the respective third party (“Third Party”) and is governed by the Third Party’s terms and policies.
  • Some Third-Party Services may request or require access to your data — or to your visitors’ or customers’ data — through things like pixels or cookies. If you use the Third-Party Service or grant them access, the data will be handled in accordance with the Third Party’s privacy policy and practices, which you should carefully review before you use any Third-Party Services. Third-Party Services may not work appropriately with our Services and we may not be able to provide support for issues caused by any Third-Party Services.
  • If you have questions or concerns about how a Third-Party Service operates or need support, contact the Third Party directly.

In rare cases we may at our discretion, suspend, disable, or remove Third-Party Services from your account or website.

11. Changes

We may update, change, or discontinue any aspect of our Services at any time. Since we’re constantly updating our Services, we sometimes have to change the legal terms under which they’re offered. The Agreement may only be modified by a written amendment signed by an authorized executive of Blue Exobyte, or if Blue Exobyte posts a revised version. We’ll let you know when there are changes: we’ll post them here, and we may also send you an email or other communication before the changes become effective. Your continued use of our Services after the new terms take effect will be subject to the new terms, so if you disagree with the changes in the new terms, you should stop using our Services.

12. Termination

We may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. We have the right (though not the obligation) to, in our sole discretion, (i) refuse or remove any content that, in our reasonable opinion, violates any the Agreement or any Blue Exobyte policy, or is in any way harmful or objectionable, (ii) ask you to make adjustments, restrict the resources your website uses, or terminate your access to the Services, if we believe your website’s storage or bandwidth usage burdens our systems (which is rare and typically only occurs when a website is used for file sharing or storage), or (iii) terminate or deny access to and use of any of our Services to any individual or entity for any reason. We will have no obligation to provide a refund of any fees previously paid.

You can cancel at any time, subject to the Fees and Payment section of these Terms.

13. Disclaimers

Our Services are provided “as is.” Blue Exabyte and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Blue Exabyte, nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. If you’re reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.

14. Jurisdiction and Applicable Law.

 Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Services will be governed by the laws of the state of New Jersey, U.S.A., excluding its conflict of law provisions. The proper venue for any disputes arising out of or relating to the Agreement and any access to or use of our Services that are not otherwise subject to arbitration (as indicated below) will be the state and federal courts located in Middlesex County, New Jersey.

15. Arbitration Agreement

Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under the Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Middlesex County, New Jersey in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce the Agreement shall be entitled to costs and attorneys’ fees.

16. Limitation of Liability

In no event will Blue Exobyte, or its suppliers, partners, or licensors, be liable with respect to any subject matter of the 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 $50 or the fees paid by you to Blue Exobyte under the Agreement during the twelve (12) month period prior to the cause of action, whichever is greater. Blue Exobyte shall have no liability for any failure or delay due to matters beyond its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

17. Indemnification

You agree to indemnify and hold harmless Blue Exobyte, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys’ fees, arising out of or related to your use of our Services, including but not limited to your violation of the Agreement or any agreement with a provider of third-party services used in connection with the Services, Content that you post, and any ecommerce activities conducted through your or another user’s website.

18. US Economic Sanctions

You may not use the Services if such use is inconsistent with U.S. sanctions law or if you are on any list maintained by a U.S. government authority relating to designated, restricted or prohibited persons.

19. Data Processing Agreement

If you need a data processing agreement (DPA) with us for the GDPR requirements that apply to us as a data processor for your website, please email support@35.231.165.131 with the request.

20. Translation

These Terms were originally written in English (US). We may translate these terms into other languages, and in the event of a conflict between a translated version of these Terms and the English version, the English version will control.

21. Miscellaneous

The Agreement (together with any other terms we provide that apply to any specific Service) constitutes the entire agreement between Blue Exobyte and you concerning our Services. If any part of the Agreement is unlawful, void, or unenforceable, that part is severable from the Agreement, and does not affect the validity or enforceability of the rest of the Agreement. A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

Blue Exobyte may assign its rights under the Agreement without condition. You may only assign your rights under the Agreement with our prior written consent.