https://bluew.ing ("Peakstone Ltd", "Blue Wing", "we, "our", "us") agrees to furnish services to the Subscriber ("you", "your", "customer" or "property owner") subject to the following Terms of Service (TOS).
Peakstone Ltd trading as Blue Wing reserve the right to modify the Terms of Service without notice.
Subscribing to Peakstone Ltd's service(s), use of our website and / or signing up to our website is deemed acceptance of these Terms of Service. Please be aware that Peakstone Ltd may suspend or terminate the account/service without notice at any time for any breach of these terms.
The subscribers service, including all access details for it is for their use only and must not be divulged to any other person. Reasonable precautions should be taken to ensure that said access details are not discovered by other third parties.
You may use our services, provided that you are of legal age to form a binding contract and are not barred from receiving such services under the laws of the United Kingdom or other jurisdictions. In order to access our services, you are required to provide current and factual identification, contact, and other information as part of the registration process. You are responsible for the confidentiality of your account information and for all activities that occur under your account. You are solely responsible for all content within your account. You agree to immediately notify Peakstone Ltd of any unauthorised use of your account or any other breach of security. Peakstone Ltd will not be liable for any loss or damage as a result of your failure to provide us with accurate information or to keep your account secure.
You are responsible for the actions of all users of your account and any data that is created, stored, displayed by, transmitted or posted by your account whilst using Blue Wing. You will not engage in any activity that interferes with or disrupts Blue Wing's services, customers, servers or networks connected to Blue Wing.
You agree that any of the below activities are considered prohibited usage and will result in immediate account suspension or termination without a refund or return of any data and the possibility that Peakstone Ltd will impose fees; and/or pursue civil remedies without providing advance notice.
Misuse of system resources: Intentional misuse of system resources, including but not limited to employing programs that consume excessive network capacity, CPU cycles, diskspace, disk IO or memory.
Spam and Unsolicited Bulk Email (UBE): Peakstone Ltd has a zero tolerance policy on spam, junk email or UBE. Spam, junk email and UBE are defined as: the sending of the same, or substantially similar, unsolicited electronic mail messages, whether commercial or not, to more than one recipient. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested the message. UBE also include email with forged headers, compromised mail server relays, and false contact information. This prohibition extends to the sending of unsolicited mass mailings from another service, which in any way implicates the use of Peakstone Ltd whether or not messages actually originated from our network.
Access to Other Computers or Networks without Authorization: Attempting unauthorized and/or illegal access of computers, networks and/or accounts not belonging to the party seeking access. Any act which interferes with the services of another user or network. Any act relating to the circumvention of security measures.
Peakstone Ltd and the services it provides may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of United Kingdom, European Union or United States or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights. Peakstone Ltd's services may not be used to facilitate infringement of these laws in any way.
Other Activities viewed as Illegal or Harmful: Engaging in illegal activities or engaging in activities harmful to the operations of Peakstone Ltd or Peakstone Ltd's customers.
Providing False Data on any Contract or Application: including fraudulent use of credit card numbers.
You agree that Peakstone Ltd shall be permitted to charge your credit card on a monthly, annual, or other agreed upon basis in advance of providing services. Payment is due upon invoicing. Service may be interrupted on accounts that reach 10 days past due. Accounts that are not collectable by Peakstone Ltd may be turned over to an outside collection agency for collection. Failure to pay within the agreed time period may result in suspension, termination and/or data removal. This also includes, but is not limited to the suspension of any public facing websites and/or services provided on behalf of Subscriber by Peakstone Ltd.
Subscriber is aware that Peakstone Ltd may prospectively change the specified rates and charges from time to time.
Peakstone Ltd is not responsible for any additional bank fees, interest charges, finance charges, over draft charges, or other fees resulting from charges billed by Peakstone Ltd. Currency exchange settlements will be based on agreements between you and the provider of your credit card.
You agree that Peakstone Ltd is not responsible for any additional fees charged to your credit or debit card by your bank and/or card supplier, or by any third party payment providers.
Peakstone Ltd reserves the right to suspend network access to any customer if, in the judgement of the Peakstone Ltd network administrators, the customers account, website or any other service is in violation of any of the other terms of service or for any other reason which Peakstone Ltd chooses. Peakstone Ltd will use reasonable care in notifying the Subscriber and in resolving the problem in a method resulting in the lease amount of service interference. Peakstone Ltd reserves the right to terminate a service without notice or for continued and repeated violations of the terms of service. If inappropriate activity is detected, all accounts of the Subscriber in question will be deactivated until an investigation is complete. Prior notification to the Subscriber is not assured. In extreme cases, law enforcement will be contacted regarding the activity, and Peakstone Ltd will cooperate any law enforcement requests. The Subscriber will not be credited, nor entitled to any credit for the time the Subscribers service is deactivated.
If at any time it becomes necessary for Peakstone Ltd to cancel a Subscribers service without cause, a 10 day notice period will be provided where possible.
You may cancel your subscription to Peakstone Ltd's service at any time by logging into your account. Once logged in, click your profile image in the top right, then select 'Billing'. Next select the 'Subscription' option, and then press 'Cancel Subscription'.
Peakstone Ltd provides a free subscription plan for Blue Wing, allowing users to evaluate the service prior to entering payment details or making any financial commitment. Consequently, refunds will not be issued after payment has been made, except at the sole discretion of Peakstone Ltd on a case-by-case basis.
Pro-rated credits for unused services will not be provided while any subscription remains active. Refunds for unused services are granted solely at the discretion of Peakstone Ltd on a case-by-case basis.
Peakstone Ltd provides technical support to our subscribers via e-mail and in some cases via support ticket or instant messaging software on a case-by-case basis. The following is our guidelines when providing support: Peakstone Ltd provides support related to your Blue Wing account being active and accessible. Peakstone Ltd does not offer technical support for application specific issues such as computer configuration, misunderstanding of web technologies, domain configuration, email configuration or any other related issues. Peakstone Ltd does not provide technical support to your customers.
Peakstone Ltd's support is offered on a best effort basis, where we will help and advise where possible, but may impose additional fees or limitations to provide advanced levels of support. This is handled on a case-by-case basis.
Whilst Peakstone Ltd takes regular backups of all data hosted on its servers, the Subscriber remains responsible for their own data, and is expected to take their own backups. This applies even in respect to to any data the Subscriber explicitly pays to be backed up by Peakstone Ltd. Peakstone Ltd nor any of its associates will be liable for any data loss, nor has any responsibility to preserve data.
The Terms of Service specifically prohibits the use of any of our services for illegal activities. Therefore, Subscriber agrees that Peakstone Ltd may disclose any and all subscriber information, including IP addresses, account history, account use, customer details, etc to any sort who sends us a valid Court Order, without further consent or notification to the Subscriber. In addition Peakstone Ltd shall have the right to terminate all service set forth in this Agreement.
You agree that your use of Blue Wing shall be at your sole risk. All services provided by Peakstone Ltd are available as is, without warranty. Peakstone Ltd has no special relationship or fiduciary duty to the Subscriber, and you acknowledge that we have no duty to take any action regarding: which Subscribers gain access to our services; what Content you access via the services; or how you may interpret or use the Content.
Peakstone Ltd wishes to emphasize that in agreeing to the Blue Wing Terms of Service, Subscriber indemnifies Peakstone Ltd for any violation of this Terms of Service that results in loss to Peakstone Ltd or the bringing of any claim against Peakstone Ltd by any third-party. This means that if Peakstone Ltd is sued because of a Subscriber, or a customer of a Subscribers activity, the Subscriber will pay any and all damages awarded against Peakstone Ltd, plus all costs and reasonable attorney's fees.
You agree that Peakstone Ltd may provide you with notices, including those regarding changes to the Terms of Service, by email, regular mail, or posting on the Blue Wing website, located at https://bluew.ing.
The Terms of Service (including any policies, guidelines or amendments that may be presented to you from time to time) constitute the entire agreement between you and Peakstone Ltd and govern your use of Peakstone Ltd's services, superceding any prior agreements between you and Peakstone Ltd for the use of Peakstone Ltd services. By agreeing to our Terms of Service, you are also agreeing to our Privacy Policy, a copy of which can be found at "https://bluew.ing/privacy
The Terms of Service and the relationship between you and Peakstone Ltd shall be governed by the laws of Great Britain, without regard to its conflict of law provisions. You and Peakstone Ltd agree to submit to the personal and exclusive jurisdiction of the courts located within England.
The failure of Peakstone Ltd to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the party's intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Peakstone Ltd's services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
For information on how we collect and use customer information, please refer to our Privacy Policy.