This Terms of Service Agreement explicitly states the terms and conditions governing the use of the services, including technology and content, of Blitzen Networks (the PROVIDER). By signing up for a Blitzen Networks account, you (the USER) accept these terms and conditions and acknowledge that your use of the PROVIDER's services is subject to certain limitations set forth below. If you do not accept this agreement, do not complete the sign-up process.
The PROVIDER reserves the right to amend or change the Terms of Service Agreement at any time without prior notice, provided that the current Terms of Service Agreement is made available to the USER through the PROVIDER's Web site, and that the USER can terminate the USER's obligations under this agreement by deleting the USER's account with the PROVIDER.
The PROVIDER provides users like the USER with various tools and services related to the Internet. Functionalities and features may include, but are not limited to: Web site hosting and related tools; communications tools, such as e-mail or instant messaging; online payment processing and other commerce capabilities; Web site promotion and enhancement features; and statistical reporting tools specific to the USER's Web site or other services.
The PROVIDER reserves the right to delete or modify tools, features, services, fees, conditions of service and the terms of this Agreement at any time. When possible, the PROVIDER will give the USER thirty (30) days' notice if such changes will result in reduced services or increased fees. The PROVIDER will announce changes in a newsletter or by e-mailing the address provided by the USER.
The USER expressly assumes all risk for use of the PROVIDER's services, technology, or content.
This agreement is effective when the USER clicks the "Submit" button and continues until the USER or the PROVIDER terminates it as follows:
Termination for Cause by the PROVIDER. At any time and without notice, the PROVIDER may delete the USER's site or files or discontinue service in whole or in part for any breach of this Agreement by the USER or
(i) if necessary for security reasons or for continued operation of the PROVIDER's service,
(ii) to comply with applicable laws or regulations,
(iii) in the case of commercial services and tools, if a the USER is not engaged in a legitimate business (as determined by the PROVIDER in its sole discretion),
(iv) if the PROVIDER receives notices that the USER's use of the PROVIDER's services violate any third-party right, or
(v) if the USER's credit card expires or the USER fails to make payments.
If the PROVIDER terminates this Agreement for cause, the USER will remain liable for the full monthly charge for the month during which service is terminated.
Termination Without Cause by the PROVIDER. At any time and without notice, the PROVIDER may, in its discretion, delete the USER's site or files or discontinue service in whole or in part, without cause. In such a case, the USER may be entitled to a refund under the terms of the Billing Policy.
If the PROVIDER terminates this Agreement for any reason, the USER agrees not to sign up for or use the PROVIDER's services again without the PROVIDER's prior written approval.
Termination by the USER. The USER may terminate this agreement at any time and for any reason by calling Customer Service at 1-866-HOSTED1 (International customers please call 1-801-437-6161). The USER will be liable for the full monthly charge for the month during which the USER terminated the Agreement and for all usage-based fees through the termination date of this Agreement.
e. Use of Bandwidth, Server Disk Space, and Other Resources
The PROVIDER may place limits the amount of bandwidth, server disk space, and other system resources used by the USER for various services, and may halt or limit services if the USER's account exceeds such limits. The PROVIDER may allow paid upgrades to increase such limits.
2. Restrictions and Prohibitions on Content and Use of Services and Technologies
The PROVIDER may terminate USER accounts and delete USER's files at any time, without notice, for conduct that violates these guidelines or for any other reason. The USER agrees not to do or participate in any of the following nonexclusive list of UNACCEPTABLE content and behaviors on the PROVIDER:
Content that contains or contains links to nudity, pornography, adult content, sex, or extreme violence, or material that is otherwise objectionable, in the opinion of the PROVIDER.
Content that condones, promotes, contains, or links to warez, cracks, hacks, viruses, worms, harmful code, Trojan horses and/or their associated utilities, or other piracy-related information, whether for educational purposes or not.
Content that has been promoted through the sending of unsolicited email (spamming) or mail fraud schemes, or pages that promote or condone the sending of unsolicited email. Those who use the PROVIDER's resources, including e-mail addresses, for spam are also subject to prosecution to the fullest extent of the law.
Content that commits acts of copyright, trademark, patent, tradename, trade secret or other intellectual property infringement or violates any other third party right.
Content that is racist, or otherwise extremely offensive to others, including content which aggravates, harasses, threatens, defames or abuses others.
Content that exploits children under 18 years of age.
Content that holds the PROVIDER up to public scorn or ridicule.
Content that contains, links to, or participates in pyramid schemes, gambling, raffles, lotteries, and so forth.
Content that posts or discloses personal identification information or private information of individuals under the age of 13 or in connection with materials directed toward individuals under the age of 13 without verifiable parental consent.
Content that provides, sells, or offers to sell the following: controlled substances, illegal drugs and drug contraband, pirated materials, pornography or sexual products or services, programs to attack others, illegal goods, escort services, instructions on making, assembling, or obtaining illegal goods or weapons, information used to break copyright or trademark violations, to destroy others' property, or to illegally harm any people or animals.
Content that takes part in, or allows any third party to take part in, the following: reverse engineering, reverse compiling or otherwise deriving the underlying source code or structure or sequence of the Technology; individual passworking of USER sites or pages; altering copyright notices and attributes (unless permitted in writing by the author/owner); and such practices.
To report violations of the above restrictions, please e-mail email@example.com.
The PROVIDER does not actively monitor the content of USER sites, but will investigate complaints of a violation of third-party rights, including copyright and other intellectual property rights.
3. Indemnification, Disclaimers, Warranties
The PROVIDER warrants that if a USER is dissatisfied with the PROVIDER's service, technology, or content, upon notice from the USER, the PROVIDER will terminate the Agreement and, upon the USER's request, will refund unused portions of any fees paid for future months and services, less balances due to the PROVIDER. Upfront setup fees and any domain fees will not be refunded. For more information, see 1.b. above.
The USER agrees to indemnify the PROVIDER and its partners, parent, subsidiaries, affiliates, directors, officers, employees, agents and representatives against any and all liabilities, claims, cost, and expenses, including attorneys' fees, arising from the USER's use of the PROVIDER services. This expressly includes the USER's responsibility for any and all liability arising from the violation or infringement of proprietary rights or copyrights and any libelous or unlawful material contained within the USER's files, messages, or other communications.
The PROVIDER shall not be held responsible for the content of Web pages, e-mail messages, or any other files or communications created, transmitted, or maintained by the USER using any PROVIDER service, tool or feature.
The opinions and views expressed by any USER do not reflect those of the PROVIDER or its partners, parent, affiliates or subsidiaries and the PROVIDER does not review site pages, messages, or any other files or communications for content before they are posted. The PROVIDER does not verify, endorse or otherwise take responsibility for the content of any USER site pages, messages, or any other files or communications. The USER is solely responsible for all contents of all site pages, messages, or any other files or communications the USER controls through any services, tools or features provided by the PROVIDER, and can be held legally liable for those contents.
Neither the PROVIDER nor its partners, parent, affiliates or subsidiaries make any guarantee as to the accuracy, correctness or completeness of any information disseminated by the USER and are not responsible for any errors or omissions arising from the use of such information; any failures, delays, or interruptions in the delivery of any content or services contained on PROVIDER's servers; or losses or damages arising from the use of the content or services provided by the PROVIDER.
The PROVIDER may link to, or include on its Web site, resources and information provided by third parties. Neither the PROVIDER nor its partners, parent, affiliates or subsidiaries make any guarantee as to the reliability of this information, nor does the inclusion of this information imply a recommendation of these services.
b. Services and Reliability
The USER is responsible for regularly monitoring and creating backups of the USER's own files and agrees to use the PROVIDER's resources and infrastructure at the USER's own risk.
Neither the PROVIDER nor its partners, parent, affiliates or subsidiaries make any warranty with respect to any content, information, services or products provided through or in conjunction with the PROVIDER's services.
The PROVIDER is also not liable to the USER or any third party for any damage, direct or incidental, that could occur as the USER uses the PROVIDER's services.
The PROVIDER is not responsible for the delivery or quality of any goods or services sold or advertised through the PROVIDER network of web sites, its affiliates or through the USER sites.
The USER is solely responsible for the conduct of the USER's business and all other matters under the USER's control. IN NO EVENT SHALL THE PROVIDER, ITS PARENT, SUBSIDIARIES, AFFILIATES, CONTRACTORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, REPRESENTATIVES OR LICENSORS, OR ANY OTHER PARTY INVOLVED IN PRODUCING, CREATING OR DELIVERING THE PROVIDER'S SERVICE, TECHNOLOGY OR CONTENT, BE LIABLE TO THE USER IN ANY MANNER WHATSOEVER FOR LOSS OF OR INACCURACY OF DATA, GOODS, REVENUES, PROFITS, SERVICES, OR TECHNOLOGY OR FOR ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SIMILAR DAMAGES, EVEN IF THE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE USER HEREBY WAIVES ANY AND ALL CLAIMS AGAINST THE PROVIDER AND ITS PARENT, SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF THE USER'S USE OF THE PROVIDER SERVICE.
The PROVIDER and its parent, subsidiaries and affiliates shall not be liable for any damages that result from the USER's failure to perform the USER's responsibilities in connection with this Agreement or that result from any cause beyond the PROVIDER's control.
The aggregate liability of the PROVIDER and its parent, subsidiaries and affiliates arising from this Agreement for any action or claim is limited to any amounts the USER has paid to the PROVIDER during the term of this Agreement.
In jurisdictions not allowing the limitation or exclusion of liability for incidental or consequential damages, the PROVIDER's liability shall be limited to the extent permitted by law.
5. The PROVIDER's Rights
a. USER Files and Accounts
The PROVIDER reserves the right to delete USER files and accounts that breach this Agreement at any time. The PROVIDER and its parent, subsidiaries and affiliates shall not be liable for any foreseeable, unforeseeable, direct, or indirect consequence of such deletion. The PROVIDER reserves the right to communicate with the USER at any time in the event that important messages need to be communicated.
b. Proprietary Rights
The PROVIDER retains all proprietary rights, including, but not limited to, services, technology, all content, text, design, graphics, sound, and so forth on its Web sites. The USER acknowledges that all content and technology available on the PROVIDER sites is protected by U.S. and international copyrights, trademarks, service marks, patents, or any other proprietary rights and laws and that the USER is permitted to use content and technology and its compilation, collection, selection, arrangement, assembly, and coordination only as expressly authorized by the PROVIDER. The USER agrees not to copy, reproduce, or create derivative works of the services, technology, content, text, design, graphics and other features of the PROVIDER sites.
The PROVIDER claims no proprietary rights or intellectual property rights in USER's content, including, but not limited to, text, software, music, sound, photographs, video, and graphics supplied by the USER for use in conjunction with the PROVIDER services.
c. Trademarks and Servicemarks
The PROVIDER's graphics, logos, and service names used to identify the PROVIDER's products or services are the trademarks of the PROVIDER. The USER agrees not to use the PROVIDER trademarks in connection with the USER's, or any third party's, products or services in a way that discredits or ridicules the PROVIDER or infringes upon the PROVIDER's intellectual property rights. All other brands and names used on the PROVIDER are the property of their respective owners.
d. Traffic Statistics
The PROVIDER reserves the right to include traffic generated by all Web sites it hosts in its overall accounting of page views, unique users and other usage measures. This includes providing Web traffic measurement companies with all URLs hosted by the PROVIDER for use in projecting the PROVIDER's overall traffic.
6. Closing Agreements
This Acceptable Use Policy and any disputes arising out of or related to the Service and the PROVIDER Sites shall be governed by, and construed and enforced in accordance with, the laws of the State of