1. General Provisions
These General Terms of Service and Service Agreement (hereinafter referred to as the "Agreement") are concluded between https://blitz-host.com (hereinafter referred to as the "Supplier"), and any person, including but not limited to legal and individuals (hereinafter referred to as the "Client"), which uses any of the services provided by the Supplier, when collectively referred to as "Parties", and separately "Party".
The supplier undertakes to provide services for a fee (hereinafter referred to as the "service"). This Agreement is valid throughout the entire subscription period of the Client. The countdown of the subscription period starts from the moment the order for the service is placed on the official website of the Supplier, and ends 30 (thirty) calendar days from the moment the countdown begins. Placing an order indicates that the Client provides https://blitz-host.com with an irrevocable offer to conclude an Agreement on the terms and in the manner prescribed below in this Agreement, as well as that he has read its full text and the text of all Appendices to it, understands their content, agree with them and undertakes to comply with them.
2. Subject of the Agreement
- 2.1 This Agreement enters into force from the moment the order is placed by the Client on the official website of the Supplier and is valid for the prepaid period, except for cases of early termination on the grounds provided for by this Agreement.
- 2.2 The Supplier provides paid Services to the Client in the manner and on the conditions provided for by this Agreement.
- 2.3 The Client pays for Paid Services in the manner and on the conditions stipulated by this Agreement.
3. Cost of services and payment procedure
- 3.1 The Client is subject to a periodic subscription fee for the services provided by the Supplier. The amount of the subscription fee is set according to the selected tariff plan and is indicated on the official website of the Supplier. Upon reaching any of the limits, the Client must contact the Supplier to change the tariff plan.
- 3.2 The supplier has the right, at his discretion, but not more than once a month, to change the amount of the subscription fee. The Supplier undertakes to notify the Client of such a change no later than 7 (seven) calendar days before the date of the new subscription fee enactment. If the Client does not agree with the amount of the new subscription fee, he has the right to terminate the Agreement unilaterally by sending a written notice to the Supplier. In this case, the Agreement will be considered terminated on the last day of the old subscription fee.
- 3.3 The supplier reserves the right to change the components of tariff plans, as well as introduce new and eliminate existing tariff plans.
- 3.4 The Client undertakes to timely and fully pay the subscription fee for the use of the services provided by the Supplier, in the amount established by the tariff plan.
- 3.5 The Client undertakes to make every possible effort to prevent the occurrence of debt on his part, and also undertakes to notify the Supplier of his disagreement with the calculation of the payment amount no later than 3 (three) calendar days before the deadline for making the payment for the billing period.
- 3.6 The client undertakes to pay for the services in advance. If the advance payment is not made within the period specified in the invoice, the Supplier has the right to suspend the provision of services by sending a written notification to the Client's e-mail about the need to make the payment. At the same time, if within 3 (three) working days from the receipt of such notification, payment of the invoice is still not made, the Supplier has the right to terminate this Agreement unilaterally without sending additional notification. Termination of the Agreement in this case does not release the Client from the obligation to pay for the services actually provided by the Supplier prior to the suspension.
- 3.7 The Client's obligation to pay is considered fulfilled from the moment the funds are received to the Supplier's current account specified in the details of the invoice.
4. Privacy and data protection
- 4.1 The Supplier and the Client undertake to keep in strict confidentiality any information that is exchanged with each other as part of the execution of the terms of this Agreement, as well as information that became known to them or was obtained in the course of their cooperation.
- 4.2 Confidential information means any internal or other confidential information that one party (hereinafter referred to as the "receiving Party") receives from the other party (hereinafter referred to as the "disclosing Party") during negotiations or throughout the entire term of this Agreement, in relation to which the disclosing Party intends to keep it confidential, including (but not limited to) the following information: discoveries, ideas, concepts, know-how, technologies, designs, samples, software, data, drawings, drawings, computer programs and documentation, proposals, patent applications, business information, strategic and development plans, employee lists, business directories, marketing plans, web service workflows, software components, technical or financial information communicated by communication means, verbal, written, graphic, optical, electromagnetic or other form, as well as l any other information that may be provided by the disclosing Party, or information that is not publicly available and to which the disclosing Party may provide access to the host Party or to another person under the terms of this Agreement.
- 4.3 Confidential information that is disclosed orally can be protected under this Agreement only if it is defined as confidential or proprietary (proprietary) at the time of disclosure, while the fact of its disclosure will subsequently be confirmed in writing within 30 ( thirty) calendar days from the date of transmission of this information orally.
The Parties undertake to take all reasonable measures to restrict the disclosure of confidential information during the entire term of this Agreement, and in the event of its termination - within 3 (three) years from the date of receipt of such information. In particular, but not limited to the following, each of the Parties undertakes:
- 4.4.1 safeguard and protect confidential information from unauthorized use, publication or disclosure by doing all reasonable efforts;
- 4.4.2 not to use confidential information for purposes other than those necessary to fulfill the obligations of the Party under this Agreement;
- 4.4.3 not directly or indirectly, in any way, detect, reverse engineer or decompile, or disassemble, report, publish, disclose, transmit or otherwise use any confidential information, unless it is approved by the disclosing Party in accordance with this Agreement;
- 4.4.4 not use any confidential information for the purpose of carrying out illegal or unfair competitive actions or with the aim of obtaining an illegal advantage against the disclosing Party in any kind of commercial activity;
- 4.4.5 not to disclose confidential information to any individual or legal entity, except for the cases described in this Agreement, without the prior written consent of the disclosing Party.
The Parties are not responsible for the disclosure or use of confidential information provided by the other Party if the said information:
- 4.5.1 is or becomes publicly available at any time from any source that is not the disclosing Party; or
- 4.5.2 is provided for disclosure by the disclosing Party; or
- 4.5.3 was legally obtained from a third party company or companies; or
- 4.5.4 is, at any point in time, received by the receiving Party absolutely regardless of the disclosure of any such information by the disclosing Party.
- 4.6 The Party is fully responsible for the disclosure of confidential information, except for the cases provided for in clause 4.5 of this Agreement.
- 4.7 Each Party undertakes in writing, as soon as possible from the moment it became aware of this, to notify the other Party of any disclosure, misappropriation or abuse of confidential information.
- 4.8 Neither Party has the right to use the confidential information of the other Party when providing services to any third party without the prior written permission of the disclosing Party, except in cases of joint cooperation with the disclosing Party.
- 4.9 To obtain written consent for the disclosure of confidential information, the Party that intends to disclose such information is obliged to send a written request to the Disclosing Party by e-mail. If, within 7 (seven) business days from the date of receipt of the request, the Disclosing Party does not send a response letter stating its consent or disagreement with the disclosure, the consent is deemed to have been received.
5. Rights and obligations of the Supplier
- 5.1 The Supplier, in accordance with this Agreement, undertakes an obligation to maintain the performance parameters at an optimal level. The client receives the service directly from the Supplier, provided that his balance with the Supplier is positive.
Supplier reserves the right, from time to time on an ongoing basis, to perform routine maintenance to improve, improve or maintain an appropriate level of service delivery. The Supplier is obliged to notify the Client about scheduled maintenance 24 hours in advance.
- 5.2.1 The Supplier undertakes to promptly notify the Client about the occurrence of such events, for the period of which the Supplier has the right to temporarily suspend the provision of these services.
- 5.2.2 In order to continuously and timely inform its Clients, as well as for the purpose of transmitting to the Client notifications provided for by the client portal (or notifications transmitted by e-mail or other means of communication), the Supplier undertakes, within the framework of good faith cooperation, to take all necessary measures. For the purposes of this agreement, the client portal is understood as the Client's personal account at the link: https://blitz-host.com/user/
- 5.2.3 The Supplier is not obliged to refund the funds previously paid by the Client for the service provided during the scheduled maintenance period.
- 5.2.4 The Supplier is not obliged to make a refund of the funds paid by the Client for the properly rendered services in the past period of time, regardless of whether the Client used the provided services or not. The supplier is not obliged to make a refund if the provision of services was terminated due to the fault of the Client
- 5.3 The Supplier and its subcontractors do not bear full and exclusive responsibility for the fact that the services provided may contain errors, are not uninterrupted and fail-safe, and also does not guarantee that the provided services meet the Client's expectations. Any information provided by the Supplier, as well as its subcontractors or agents, in any case, cannot be regarded as declaring such guarantees.
The Supplier has the right to suspend or completely terminate the provision of all or part of the services if the Client violates the obligations stipulated in this Agreement or in cases where the Supplier considers such measures to be reasonable and necessary to prevent damage or other negative consequences.
- 5.4.1 failure by the Client to fulfill his obligations to the Supplier;
- 5.4.2 lack of Internet connection caused by local problems in the Internet or malfunctions in the external resources of the provider's network, as well as in cases where the malfunction of the Internet, data transmission medium or equipment between the provider and the Client is caused by other factors;
- 5.4.3 non-compliance by the Client with the instructions and requirements put forward by the Supplier in relation to the services provided by him;
- 5.4.4 use by the Client of equipment and software that has not been approved by the Supplier, as well as improper use of equipment and software;
- 5.4.5 failure to provide or provide a service of inadequate quality in connection with scheduled or unscheduled inspections carried out by the Supplier in order to optimize the provision of the service;
- 5.5 In order to improve the quality of the services provided, as well as in connection with any emerging risk factors, taking into account the category of the site and / or the nature of its content and parameters for its protection, the Supplier has the right to offer the Client a more suitable tariff plan than the one that was previously selected by the Client.
- 5.6 If the Client does not pay for the services after the end of the payment date, the service will be blocked by the Supplier. If the Client does not pay for the services within 30 days after blocking, the Supplier has the right to completely remove the client's service. Services that have a test period and do not have the first payment will be deleted 14 days after the block.
6. Rights and obligations of the Client
- 6.1 The Client undertakes to timely and fully pay the subscription fee for the use of the services provided by the Supplier.
- 6.2 In the event that a service is unavailable or a malfunction that may affect the quality of the service, the Client undertakes to immediately, but no later than 24 hours after the occurrence of such an event, notify the Supplier of this by e-mail. The absence of such notification releases the Supplier from liability for deterioration in the quality of the service provided or the suspension of its provision that occurs during the period of validity of the relevant events.
- 6.3 In the process of using the services, the Client undertakes to comply with the established standards of business ethics and in no way violate the rights and legitimate interests of the Supplier and / or third parties. The Client confirms that he does not intend to carry out, with the help of the Service Provider, actions that violate any of the local, regional, state or international laws, laws, regulations, rules or regulations. If the Supplier becomes aware of such a violation, he has the right to unilaterally terminate this Agreement by sending a notification to the Client by e-mail. In this case, the cost of paid services is not refundable.
- 6.4 The client confirms his agreement that the service is provided through a single and common infrastructure. The Client's access to additional services is terminated in case of expiration of the term for the provision of the main service. The Provider shall not be liable to the Client to provide any assistance, in one way or another related to the Client's transition to an alternative provider of similar services.
The Client agrees to use the services provided by the Supplier exclusively for legal purposes, not to abuse them. In any of the cases specified in this clause of the Agreement, but not limited to them, it will be considered that the Client has violated the terms of this Agreement:
- 6.5.1 initiating, facilitating, abetting or using a domain name or URL hosted by the Provider for the Client or the Client's end user to direct or redirect any harmful traffic;
- 6.5.2 the use by the Client through the services provided by the Provider of a domain name (including redirection to websites) for the purpose of creating, transferring, distributing or storing materials, information and methods, or performing actions that: infringe on the rights to trademarks, patents, copyrights , trade secrets, or rights to other objects of intellectual property; violate the confidentiality regime of personal data, public and other personal rights of third parties; use tools designed to breach security (including password recovery software, cracking tools, or other network scanning tools); violate international export control, data protection, or anti-terrorism laws; violate banking secrecy; violate the secret of communication, whether by vulgar content, threats, blackmail, discrimination, violence or incitement, with malicious intent, against a specific group of people; use tools to offend; use content knowingly containing viruses, or content that provokes any crime or civil unrest;
- 6.5.3 any attempt by the Client to hack, manipulate, trick, complicate or facilitate the manipulation or hacking of security modules of the Supplier's network or any of its other systems (including for the purpose of obtaining unauthorized access to information or use of information, system or network; scanning or testing the system or network for the presence of vulnerabilities; breaches of security measures; unauthorized monitoring of information or traffic; interfering with the normal provision of services to any client, host or network; substitution of any TCP / IP packet headers and any other part of the message header);
- 6.5.4 using a domain hosted by the Provider or a service provided by the Provider to distribute a large number of materials of exactly the same content or send them to thematic conferences in the form of sending spam messages;
- 6.5.5 sending a large number of emails to persons who did not express a desire to receive them, regardless of whether this mailing provoked complaints from recipients, whether there were fake headers and inaccurate contact information (the Supplier adheres to a policy that does not allow the sending of spam messages, offensive messages and messages containing advertisements to persons who did not express a desire to receive them).
- 6.6 The Provider reserves the right to immediately suspend or terminate the provision of services if it considers that the Client has committed or is currently abusing the services. Termination of the provision of services implies that the Client will no longer be able to access or use any of the services provided to him earlier, until the fact of violation of this Agreement is confirmed or denied. The supplier undertakes to take all necessary actions from him to establish the factual circumstances as soon as possible. The client agrees to make any reasonable efforts to cooperate with the Supplier.
- 6.7 The Client confirms that the Provider does not exercise any control over the content or information passing through the Provider's network. The provider does not accept any responsibility for the presence of illegal content or information. By using the service, the Client undertakes not to install software on his server that may hinder or interfere with the normal functioning of the equipment that the Supplier uses to provide the service.
- 6.8 The Client undertakes to protect the business reputation of the Supplier on the principles of good faith cooperation throughout the entire term of this Agreement and after its termination. The client agrees to provide complete, accurate and up-to-date information requested by the Supplier under this Agreement. To maintain the required level of information reliability, the Client undertakes to promptly inform the Supplier of any significant changes in his data throughout the term of this Agreement. The Client agrees that the Supplier has the right to contact him to get acquainted with the information, which is regarded by the Supplier as information of interest to the Client. These communications may include: promotional emails, as well as letters containing information about improvements to services or products, notifications of changes in the services provided, as well as notifications of new services and products, or any other information related to the aforementioned calls. The Client agrees that the Supplier has the right to use the name (business name) of the Client in advertising mailings for the relevant marketing purposes.
- 6.9 The client undertakes not to install the scripts specified in Appendix # 2 on the hosting account or VPS. Placing any of these scripts will result in immediate account blocking until the content is removed. In cases where such content has been uploaded by the Client, the Supplier reserves the right to delete the account without the possibility of a refund.
7. Guarantees and compensations
- 7.1 The Client purchases a reliable service from the Supplier in the form of a set of functionality with the parameters stated in this Agreement; at the same time, the Client agrees to use the service only in the way that was provided when it was developed or adapted by the Supplier.
- 7.2 The Client has the right to a full or partial refund of the payment made for the service, if the actual use of the service was prevented by its unavailability caused by the Supplier's guilty actions. For the purposes of this Agreement, service unavailability means complete unavailability of the Client's service.
- 7.3 If the Client discovers the unavailability of the service and timely informs the Supplier about this, as required by clause 6.2 of this Agreement, the Supplier is obliged to immediately, but no later than 24 hours after receiving notification from the Client, inform him about the reasons for the failure and the period of time, which will be required to eliminate the interruption in the provision of the service, if the actions necessary to eliminate the malfunction are in the supplier's area of responsibility.
- 7.4 The client agrees that the refund of the amounts paid by him will be carried out in accordance with the following rules, conditions and time frames: The supplier does not provide refunds to persons who have purchased or received the service through resellers, distributors, or through individuals. Refunds apply only to services covered by the applicable plan or over-the-plan service and will not apply to any other professional or custom-designed service provided by the Provider. A full refund of payment is made only at the written request of the Client and is carried out by crediting funds to the balance of his personal account.
- 7.5 A full refund of payment must be made no later than 1 (one) calendar month from the date of receipt of a written request for a refund from the Client, but only if the service was unavailable for more than 12 consecutive hours during the given month, and the Supplier was informed about this, as required by clause 6.2 of this Agreement.
8. Responsibility of the Parties
- 8.1 The Internet consists of many independent networks, interacting with each other, not controlled or monitored by the Provider. The client is aware of this and agrees not to hold the Supplier liable for any problems caused by the inappropriate operation of these networks. In such cases, if the Internet services provided by the Internet provider, or any of the Internet networks of the environment does not function properly, and these services or networks cannot be used as planned, there may be temporary or permanent, partial or complete interruptions. in the delivery of services for a certain time.
- 8.2 The Client agrees that the Provider is not responsible for losses or additional costs of the Client caused by the unavailability of services due to a malfunction or interruption of the Internet provider's network (s). Neither these circumstances, nor abuse on the part of the Client are subject to the Supplier.
- 8.3 The Supplier is not liable either to the Client or to third parties for any violation of the security requirements of the network, system or equipment of the Client, as well as any loss or theft of information transmitted via the Internet or posted on computers directly connected to the Internet. Neither the Supplier nor any other party associated with the installation, provision, suspension or shutdown of services, as well as any party involved in the maintenance of the services, will not be liable to the Client or third parties for any loss of profit, data, equipment, network or web -site, any cases or any losses arising from the foregoing, and will not accept claims under this Agreement, even if the Supplier informs the Client about the possibility of such losses. The Supplier, under no circumstances, bears any responsibility for any damage caused by the Client to third parties, or any losses and lost profits of the Client and third parties arising from the use of the services provided.
- 8.4 The Client agrees, on the principles of good faith cooperation, to protect the Supplier from unreasonable claims in the situations described in this section of this Agreement, both on his part and on the part of third parties, and not to impose responsibility on them on the Supplier, including his officials and trusted persons, employees and independent contractors, partners, agents, as well as to protect the Supplier from all types of damage, costs, liability, legal proceedings and damages.
- 8.5 The client agrees to protect the Supplier from risks, investigations, processes and courts arising from a violation committed by the client himself or his employees, customers, subscribers, business partners, agents, representatives or other end users of the services. In this case, each end user must be informed by the Client about all the requirements of this Agreement if the user is authorized by the Client or any other of the listed parties to use the services, or already uses or has access to the services through the equipment or means of the Client. The client is obliged to strive to prevent violations of guarantees by his representatives, as well as violations of the agreements listed here, as well as to prevent any behavior that is defined as abuse; prevent the negligence or willful misconduct of their representatives; protect the Supplier from any formal accusations arising from the use of the services by the Client himself or his representatives
- 8.6 The parties are not liable for failure to fulfill their obligations due to force majeure circumstances ("force majeure"), that is, events that he could not foresee or prevent, including but not limited to the following: military actions, terrorist acts, epidemics, embargoes, natural disasters, strikes, and interruptions or delays in the supply of telecommunications services, actions taken by providers or manufacturers, interruptions in the supply of electricity required to provide services, and government requirements and acts. The time of fulfillment of obligations under this Agreement is postponed until the termination of such circumstances and their consequences. In the event that their validity lasts more than three months, any Party has the right to refuse to execute the Agreement, while refunding the other Party the amounts paid minus its confirmed expenses.
- 8.7 Under no circumstances will the Supplier be liable to the other Party for direct and indirect damage of any nature, including but not limited to the following: loss of the company, income, profit, intangible assets, increase in value or incurring additional costs, attorney fees; it does not matter whether the damage is or is not the result of contract, tort or strict liability.
- 8.8 The client is responsible for the late payment for the services provided in the form of a penalty of 0.1% of the unpaid amount for each day of delay.
9. Limitations and License
- 9.1 All rights and interests regarding all services and titles of work, the Supplier's network and any technologies used by the Supplier to provide services, as well as all related technologies, such as computer code, other materials and work results (including the domain name of the server, proxy system, system of routers and switches, IP network, software, information and knowledge) and all intellectual property embedded in this structure or derived from it, will be fully considered the property of the Supplier and its licensors.
- 9.2 The Supplier has the right to provide the Client with limited, completely free or completely paid, revocable rights that are not transferred to third parties and not subject to sublicensing, solely for the development of the Client's own activities and only for a period determined by the period of use of the service.
- 9.3 Neither the Client nor any other person acting on his behalf may modify, adapt, sublicense, transfer or resell for profit, distribute or create derivative works based on the property acquired for his own use by the Supplier. The supplier and its licensors reserve all exclusive rights.
- 9.4 Nothing in this Agreement gives the Client the right to resell the services or sell any of the components purchased for his own use of the services and materials or their derivative versions, directly and through third parties, or advertise them as a service, product or subscription to the user.
10. Final provisions
- 10.1 The Supplier has the right to revise and amend this Agreement at any time. If the Supplier, through any means of communication, including through the client portal, notifies the Client about the occurrence of such changes and the Client does not express his disagreement with them within 5 (five) working days, then all changes and additions to this Agreement shall become effective and will apply to the Client in full.
- 10.2 By entering into this Agreement, the Client confirms the voluntary transfer to the Supplier of any information specified by him in the registration form. The Supplier confirms that all data transmitted to him by the Client are subject to the confidentiality regime, while the Supplier undertakes to use all confidential information solely to fulfill obligations under this Agreement.
- 10.3 After the conclusion of this Agreement, all previous oral and written agreements between the Parties are null and void. This Agreement is considered as the main document governing relations between these Parties.
- 10.4 The Supplier is not obliged to act as a third party in the Client's legal proceedings.
- 10.5 All Appendices to this Agreement are its integral part.
Appendix # 1
- Services - providing the Client with the necessary tools, control panels, software and hardware, with which the Client can use the hosting of the Contractor.
- Paid services - hosting services for which the Client is obliged to make timely payments to the Contractor.
- Customer - an individual or legal entity that has entered into this Agreement with the Contractor.
- Content - files, data, content, materials that the Client uses, downloads, places on their sites.
- Third person - any natural or legal person, organization or company that did not participate in this Agreement.
- Account - a set of tools with which the Client can create, manage the site, databases, mail accounts and all other tools in the hosting control panel.
- Account - the area in which the Client can create accounts, pay bills, register and transfer domains, contact the technical support of the Contractor.
- Server - hardware and software that hosts accounts, sites and other data of the Client.
- Hosting plan - a set of options, services, products, capabilities that the Client can use.
- Disk space - space allocated to the Client's account on the server.
- Traffic - the total volume of incoming and outgoing information / data to / from the server (s) for a certain period of time.
- Adult content - files, images and any other information of erotic or pornographic nature.
- Varese - a program, script that is distributed illegally or violates copyright.
- Phishing - activity aimed at obtaining confidential information (passwords, pin codes, credit card numbers, etc.) of site visitors.
- Hacking - an attempt to hack any systems, sites, programs of third parties, with the aim of causing material or moral damage or taking possession of information.
- Spam - mass mailing of advertising or any other e-mails to network users who do not express a desire to receive these letters.
- Inode - folders, files uploaded to the server. 1 inode = 1 folder or 1 file on the server.
- Ticket - a request to the technical support of the Contractor by sending an email from the Client's account.
- Backup - backup copy of files.
Appendix # 2
- IRC scripts, eggdrop, bots
- Proxy server scripts and any other scripts that work like a proxy
- Mass mailing and spam scripts
- Scripts for spoofing IP addresses / Spoofers and scripts for port scanning
- Pirated software or any form of varese
- Image hosting scripts (like Imgur or Photobucket)
- Auto-surfing scripts
- Pay per click scripts
- PTC Scripts (Paid-To-Click)
- Scripts or programs for guessing / brute-force passwords
- Scripts for distributing files, archives (like mega, rapidshare)
- Scripts to increase the ranking of sites
- Websites that distribute illegal drugs, any other drugs or contraband products
- Sites distributing material without corresponding copyright / license
- Gambling sites
- Hacker programs, sale of credit card numbers, hacker sites
- Forums that are distributed with warez or other illegal content
- Fraudulent websites (fake bank services, fake login pages, any other illegal information)
- Scripts for viruses, Trojan horses, bulk ping, ddos, udp or tcp flooding, any other scripts of a destructive nature
- Child pornography (in the event that such content is found, independently downloaded by the client, the client's server will be deleted immediately, without the possibility of a refund)
- Scripts like Bitcoin, mining