This version is effective as of May 25, 2018, and applies to all access to and use of the Services thereafter to the maximum extent permitted by law. However, any changes to the Governing Law and Jurisdiction, Arbitration, and Limited Time to Files Claims sections will not apply to any disputes for which both parties have actual notice prior to the date the change is posted on this website. See Section 27 for more information on changes to our Terms of Service.
Acceptance of the Terms of Service and Updates to the Terms of Service
These terms of service are entered into by and between you (“you”, “your”, “customer”, or “subscriber”) and Bluegrass Web Works Systems, LLC (“Bluegrass Web Works“, “we”, “our”, or “us”). The following terms and conditions, together with any documents expressly incorporated by reference (collectively, the “Terms of Service”) govern your access to and use of our websites, including www.Bluegrass Web Works.com (including all subdomains including but not limited to manage.Bluegrass Web Works.net, and affiliates.Bluegrass Web Works.net), including any content, functionality, and our website hosting and other services offered on or through our websites (collectively, including our websites, the“Services”).
You should review these Terms of Service fully and carefully as this agreement contains provisions that limit our liability, describe restrictions on your use of the Services, explain payment and refunds, and address how disputes are to be resolved, among other important provisions. By using any Services or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree to be bound and abide by these Terms of Service. If you are using the Services on behalf of a legal entity then you also represent and warrant that you have full authority to bind that legal entity to these Terms of Service, and references to “you” shall mean, jointly and severally, both you as an individual and the legal entity named in the registration process, if any. If you do not want to agree to these Terms of Service, you must not access or use any of our Services.
Our Services are offered and available to users who are 18 years of age or older and where use of our Services by you is permitted under the law of your jurisdiction. By using the Services, you represent and warrant that you are of legal age to form a binding agreement with us and meet all of the eligibility requirements. If you do not meet all of these requirements, you must not access or use our Services.
Updates to Terms of Service.
We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access and use of the Services thereafter. Without limitation, Bluegrass Web Works reserves the right to amend any or all of the policies and guidelines described in these Terms of Service, including our Acceptable Use Policy (AUP) https://www.bluegrasswebworks.com/acceptable-use-policy/. We also retain the right to increase any pricing and make changes to our account plans with respect to services not yet paid for. However, any changes to the dispute resolution provisions set out in the Governing Law and Jurisdiction, Arbitration, and Limited Time to Files Claims sections will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on our websites. Your continued use of the Services following the posting of the revised Terms of Service means that you accept and agree to the changes. You are expected to check this page from time to time so that you are aware of any changes, as they are binding on you.
Processing Data Provided by our Customers
Customers for whom we provide hosting, domain registration, and/or data storage services for their websites are responsible for the data they or their end-users make available through their websites (“Customer Data”). We do not process the Customer Data except as part of providing our Services to the Customer (including for troubleshooting and security purposes, as instructed to do so by the Customer, or if required by applicable law. As described in our Privacy Statement, we do not determine what data our Customers process through our Service, we do not control how those Customers process that data, and our core activities do not consist in regular and systematic monitoring of data subjects on a large scale nor do they consist of processing on a large scale of “special categories” of data or personal data relating to criminal convictions and offences, pursuant to the EU General Data Protection Legislation (“GDPR”). If Customer inputs or uploads to the Bluegrass Web Works platform their Customer Data that includes personal information subject to the GDPR, the Data Processing Addendum (“DPA”) available here https://www.bluegrasswebworks.com/data-processing-addendum/ shall apply to both Customer and Bluegrass Web Works with respect only to such processing of Customer Data. In the event of any conflict between the DPA and this Agreement (excluding the DPA), the terms of the DPA shall apply solely with respect to and the extent of such conflict. Customer agrees that the input or upload of Customer Data to our Services may constitute a transfer of data to a country that is not considered to have an adequate level of protection under the GDPR, including the United States. Should this be the case, the Customer undertakes that it has received and can demonstrate that is has received the necessary consents and authorisations for the transfer of the personal data. If the Customer does not wish to rely on consent as the lawful basis of transfer, it may contact Bluegrass Web Works at legal@Bluegrass Web Works.net and Bluegrass Web Works will provide a set of standard contractual clauses that have been approved by the EU Commission for application in the transfer of personal data to processors established in third countries which do not ensure an adequate level of data protection.
You are solely responsible for ensuring that Bluegrass Web Works meets your security needs, and that you select the appropriate security options provided to you, based on the data that you choose to upload to the Bluegrass Web Works Service (including any Customer Data). If you have questions it is your obligation to contact Bluegrass Web Works to address any concerns, or not use the Bluegrass Web Works Service.
Accessing the Services and Account Security
You are responsible for:
- Making all arrangements necessary for you to have access to the Services.
- Ensuring that all persons who access the Services through your account with us are aware of these Terms of Service and comply with them.
To access the Services or some of the resources they offer, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide to us is correct, current and complete. You agree that all information you provide to register with the Services or otherwise, is governed by our Privacy Policy https://www.bluegrasswebworks.com/privacy-policy/ , and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your username, password or other security information.
You are required to and solely responsible for maintaining the confidentiality and security of the passwords used to access your Bluegrass Web Works account and Services. We highly recommend that you use strong passwords and enable two-factor authentication on your Bluegrass Web Works accounts.
Any and all activity that occurs under your username and password will be considered done by you and you bear sole responsibility for that activity. Bluegrass Web Works is not be responsible for any loss or damage arising from or otherwise related to your failure to maintain control over access to your password or username, whether due to your own negligence or for any other reason.
You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service.
Bluegrass Web Works performs automated scans for malicious files and known exploits on all servers. We reserve the right to immediately quarantine and/or remove any malicious files found on our network that can harm the reputation of any servers, IP address space or any transmissions to/from our network for customer services. In the event malicious content is found on an account, you, the customer, will be notified by our abuse department. This includes, but is not limited to exploited plugins, themes and any web applications that are actively engaging in malicious activity.
Zero Tolerance Abuse Policy. Bluegrass Web Works has a zero-tolerance policy for abuse towards our staff. All staff members, no matter the severity of the situation are required to act in a professional manner. Abuse towards a staff member is a direct violation of this agreement and a basis for immediate account termination in Bluegrass Web Works’s sole discretion. Examples of abuse are, but not limited to, negative, defamatory, harassing, abusive or threatening language.
Acceptable Use Policy (AUP)
You are responsible for ensuring that your use of the Services, and the use of the Services by your employees, agents, independent contractors, and representatives as well as by your customers/end users (e.g., via use of your website hosted by us), complies at all times with our then current Acceptable Use Policy. The current version is available here https://www.bluegrasswebworks.com/acceptable-use-policy/ . Full compliance with the AUP is material obligation and is incorporated into these Terms of Service.
You are solely responsible for any material, content, and other data that you process through our Services, including Customer Data. You are also solely responsible for compliance with these Terms of Service and applicable law with respect to any such material, content, and data.
Intellectual Property Rights; Limited License to Bluegrass Web Works Software
Bluegrass Web Works retains all rights, title and interest in and to all patents, inventions, copyrights, trademarks, domain names, trade secrets, know-how and any other intellectual property and/or proprietary rights (collectively, “Intellectual Property Rights”) related to the Service. The rights granted to you to use the Service under these Terms of Service do not convey any additional rights in the Service, or ownership of any Intellectual Property Rights associated therewith.
As between you and Bluegrass Web Works, you own the “User Contributions” (defined in our Acceptable Use Policy https://www.bluegrasswebworks.com/acceptable-use-policy/ ) and other information you provide to us by uploading through the Service. You hereby grant Bluegrass Web Works a non-exclusive, worldwide, perpetual, unlimited fully paid up and royalty-free right to us to use copy, prepare derivative works of, distribute, publish, make available, publicly perform, remove, retain, add, process, analyze, or othe