Before using any blazingcdn.com services carefully read these Terms of Service.
These Terms describe provisions of Service under which blazingcdn.com will render you content delivery network and/or related services. Using the Services, including, but not limited to, entering websites, gaining access, using, joining, or participating in the Services, you accept these Terms. If you do not agree to comply herewith, close this web page and stop using the Services.
1.1. Terms of Services – present Terms and conditions of the Service with all annexes being its integral part.
1.2. Client, you – a person using blazingcdn.com Services specified in the Terms, including any company you represent, your representatives or representatives of this company, assigns, assignees and related companies, as well as any of your devices or devices of the above entities.
1.3. Provider, we – blazingcdn.com.
1.4. Services – content delivery network and/or related services provided under the Terms.
1.5. Party, Parties – you or Provider, or you and Provider respectively.
1.6. Content – content related to the provision of the Services and received by you as a result of your using of the Services.
1.7. Third-Party Content – content from various sources, including content posted through the Services by other users or through links to other Internet sites, including other sites participating in the Services.
1.8. Account – your account created and maintained by you in order to use the Services.
1.9. Posted Content – any materials (including any trademarks, labels, logos, and other commercial names or designations of products/services associated with such materials) that you either other user whom you allow using your Account, are placed as part of the Services.
1.10. Customer Support – Technical Customer Support maintained by the Provider in line with the provision of the Services.
2. SUBJECT OF THE TERMS
2.1. The subject of these Terms is the Services, as this definition is described in clause 1.4. hereof, rendered by the CDN Provider to you on the conditions described herein and its annexes where applicable.
2.2. You acknowledge and agree that when using the Services, you can access Third-Party Content, and the Provider does not control and is not responsible for any such Third-Party Content. You acknowledge and agree that you may access Third-Party Content with an inaccurate, abusive, obscene, or other dubious nature and/or such content that could harm your computer systems, and hereby waive all legal rights or remedies, and/or rights or remedies based on the right of justice, in relation to Provider regarding such Third-Party Content.
2.3. All Content within the Services is provided to you in the existing form to use exclusively for the purposes provided for and by these Terms, and you agree to refrain from using, copying, distributing, transmitting, broadcasting, displaying, selling, issuing a license or other improper use of the Content for any other purpose without the prior written consent of the respective owners/licensors of such Content and Provider.
3.1. To use the Services, you shall reach the age of 18 (eighteen) years, unless the majority age in your jurisdiction is later than 18 (eighteen) years. In this case, before you start using the Services, you must reach the majority age in your jurisdiction.
3.2. By accepting these Terms, you represent and warrant that you have reached majority age in compliance with clause 3.1. hereof. Since particular legal rules prohibit/restrict further use of the Services, you agree and warrant that you have no other grounds under which you are prohibited from using the Services.
4. RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. Rights and obligations of Provider:
4.1.1. Obligations of Provider:
• to provide you with Services with respect to the provisions hereof;
• to provide you with the Services paid in full, on time and for the period agreed by the Parties;
• in case of paid Services interruption, take all possible measures to eliminate the reasons for the such interruption and resume the Services;
• to keep records of the Services provided and timely present documents for the payment of the Services, where applicable, considering the terms hereof.
4.1.2. Rights of Provider:
• to unilaterally terminate the Services provided in case of violation of these Terms, Policies, Affiliation Program and annexes hereto, if any;
• to amend the terms hereof and the Policies thereto unilaterally subject to the publication of a new edition on the site indicating the date of editing. The effective date of the amendment is the date it is posted;
• unilaterally, on his sole discretion, refuse to render you the Services and/or stop servicing with giving you time to transfer your data from the Provider’s infrastructure to other storage equipment;
• to disclose information on you in accordance with the requirements of the legislation of the European Union and international law.
4.2. Your rights and obligations:
4.2.1. Your obligations:
• to comply with the terms hereof and comply with applicable European Union law and international law;
• to pay for Provider’s Services on time;
• to independently monitor status and timely credit your personal account in Provider’s system in order to avoid interruption and/or termination of the Services provision;
• to present reliable information about yourself, both during the initial registration on Provider’s service and upon subsequent changes to it;
• in case of technical problems when using the Services, immediately inform Provider considering notification procedure;
• to use the Services exclusively in accordance with the UE laws and international law and bear full responsibility for damage of any kind incurred by you or the Third parties during the Services using;
• fully comply with all the Terms, Policies, Affiliation Program and annexes hereto, if any;
• to check official information published on Provider’s website on a regular basis;
4.2.2. Your rights:
• to require Provider to render the Services in accordance with the terms hereof;
• to use Provider’s resources at your personal discretion and own risk.
5. RIGHT TO USE THE SERVICES; TERMINATION OF USE
5.1. Provider provides a non-exclusive, non-transferable, and limited right to access, non-publicly display, and use the Services on your facilities under these Terms.
5.2. Right to use the Services may be terminated (includes a partial termination or restriction) by Provider if you violate the law or these Terms provisions. After such termination, Provider may, but is not obliged to, perform the following actions:
• delete or deactivate your Account (in accordance with the procedures hereunder),
• block your Account or otherwise terminate your use of the Services, and/or
• perform any other actions to prevent you from using the Services.
5.3. Upon termination of the Services for any reason, including violation of the Policies, Provider is not responsible for the compensation of any amounts payable.
5.4. You may terminate the Services and delete your Account for any reason and any time hereunder by sending a request through the ticket system in the Services or at firstname.lastname@example.org to delete your Account. However, before termination and deletion of your Account Provider may ask to perform due payments (debt) for the Services used.
5.5. If you terminate these Terms or suspend the use of the Service, you are solely responsible for saving and further transferring your stored content or data out from Provider’s servers. In compliance with these Terms, including Sections 15 and 16 hereof, you acknowledge that Provider is not responsible to you or any third party for the termination of the right to use the Services.
6.1. In order to use the Services, you shall create an Account. You represent and warrant that all information provided to the Provider when creating the Account is complete, accurate, and reliable. You agree to update this information in case of a change or at Provider’s request.
6.2. By creating the Account on behalf of a company or other legal entity/individual, you represent and warrant the availability of authority and the ability to accept and fulfil these Terms on behalf of a company or other legal entity/individual.
6.3. You have no right to use the Account of another natural/legal person without required permission. You are solely responsible for maintaining confidentiality and restricting access to your Account, as well as for all actions performed related to it. In accordance with these Terms, Provider is not liable for any losses incurred as a result of any unauthorized use of your Account, and, in addition, to fulfil the provisions of Sections 15 and 16 hereof, you indemnify the Provider against liability for damages related to any such unauthorized use.
6.4. You can delete your Account at any time during the Services, considering clause 5.4. hereof.
6.5. Provider may temporarily block your Account with its further deletion if he recognizes actions on your Account as abusive or suspicious (including but not limited, registration with a different email address but posting identical content that was blocked or deleted before due to justified reasons). Your Account and all related Services may be disconnected and put into the deletion queue, after 5 days of being in the deletion queue Account will be deleted.
7.1. Provider renders the Services “as it is” according to the tariff plan published by Provider and chosen by you.
7.2. Before using any Services offered by Provider, you shall check the availability of any non-standard configuration under your request.
7.3. You acknowledge and agree that you have all the necessary knowledge to create, modify and maintain the Posted Content. The provider is not responsible and liable for the verification of Posted Content; however, Provider may conduct such verification at his sole discretion hereunder relying on the development/consultation tariffs.
7.4. For the sole purpose of restoring his servers, Provider regularly backs up information. However, Provider does not make any direct or indirect guarantees regarding the volume and time of such backup. If data loss occurs due to Provider’s mistake, the Provider makes efforts to restore such data free of charge.
7.5. Provider reserves the right to control the Services rendering, access to, and disclosure of any information to comply with any law, regulatory act, or another request of state bodies, based on the requirements of the proper functioning for Provider’s system, protection of Provider and other users, other reasons at the sole consideration of Provider, however, Provider is not responsible for such actions.
7.6. Provider cooperates with law enforcement agencies for investigating potential offenses and reserves the right to provide information to law enforcement authorities on any potentially illegal actions Provider becomes aware of while providing the Services.
7.7. You acknowledge and agree that the relationship between Provider and you hereunder are only the relationship between the independent company and its client, and you bare exclusive responsible for the development, provision, and change of the Posted Content and Provider’s is free from such responsibilities.
7.8. In accordance with the provisions hereof, Provider makes all reasonable efforts to provide the Services 24/7 during the term of the Services. However, you agree that from time to time the Services may not be available or may not be provided for any reason. You agree that Provider cannot ensure the permanent or continuous availability of the Services.
7.9. You at your sole discretion bear the risk of loss and damage of your Account.
8. POSTED CONTENT
8.1. You bare sole responsibility for ensuring the proper functioning of the Posted Content. You bare sole responsibility for the Posted Content and the consequences of its placement within the Services.
8.2. During the term of the Services, you grant Provider the global, non-exclusive, license-free, perpetual, non-revocable, sublicensed license, for copying performance, public display, distribution, and publication of Posted Content and the Internet for any purposes related to the Services and hereto. In addition thereto, you grant all Internet users the right and license to display, broadcast, and download Posted Content on the Internet. Also, you irrevocably waive any claims and statements on personal non-property rights to Provider and any of his users regarding the Posted Content.
8.3. You acknowledge and warrant that you have all required rights and authority to grant rights to the Posted Content hereunder. Specifically, you acknowledge and warrant that you have all property right and/or the corresponding rights to the Posted Content and license to place the Posted Content, and its placement does not violate any third-party rights or your mutual contractual obligations.
8.4. You agree that Provider may, at his sole discretion, refuse to publish, remove or block access to any Posted Content for a justified reason (including due to a violation of the Provider’s Acceptable Use Policy, suspicious or abusive action), without notice.
8.5. You agree to protect Provider from any claims, lawsuits or litigations brought or opened by a third party against Provider alleging when you Posted Content or used the Services in violation hereof, you have violated or illegally appropriated third party intellectual property rights or applicable legislation, and undertake to reimburse Provider any and all losses awarded for compensation by a court resolution, including acceptable payment for legal services incurred by Provider regarding such claim, lawsuit or court proceeding.
8.6. Provider has no right to claim the ownership or control of the Posted Content. You acknowledge and agree that Provider is a “service provider” for you and the Posted Content and, therefore, is exempt from liability related to the Posted Content.
8.7. You agree that Provider applies and uses the standard technical sources to identify and protect copyrighted products. Provider also authorizes the intermediary to receive allegations of copyright infringement and actions in accordance with the further Provider’s regulations on systematic copyright infringers:
REGULATIONS ON SYSTEMATIC VIOLATORS OF COPYRIGHT: UNDER PROVIDER’S REGULATIONS ON SYSTEMATIC VIOLATIONS OF COPYRIGHTS, ANY PARTY, IN RESPECT OF WHICH PROVIDER RECEIVES THREE JUSTIFIED COMPLAINTS WITHIN SIX MONTHS, MAY LOSE HIS RIGHTS TO USE THE SERVICES.
9. ACCEPTABLE USE POLICY
9.1. Provider adheres to the Acceptable Use Policy being an integral part of these Terms and includes additional restrictions and obligations related to you as our client. Accepting these Terms, Providers also considers you accepted this Policy and all its provisions. By agreeing to the Terms, you unconditionally confirm you have carefully read all the Policy posted on Provider’s website. Violation of the Policy is considered as a violation of the Terms. Provider reserves the right any time to amend the Policy with further publication of such changes on Provider’s website. Provider bears no obligation to notify you of any such changes. If you continue to use the Services after the changes came into effect, Provider considers your unconditional acceptance of such changes, and therefore Provides is not obliged in any way to establish whether you have read such changes or not.
9.2. If Provider becomes aware of a possible violation hereof, including this Policy, he may initiate an investigation of such violation, including by collecting information from you, any party that filed a complaint, Posted Content, and any other materials or information that, under Provider’s opinion, maybe reliable. You agree to comply with all reasonable requests from Provider as part of his investigation of violations.
10. AFFILIATE PROGRAM
10.1.Provider adheres to the Affiliate Program (here – Program) being an integral part of these Terms and includes additional terms related to you as our client. Accepting these Terms, Providers also consider you accepted this Program and all its provisions. By agreeing to the Terms, you unconditionally confirm you have carefully read all the Programs posted on Provider’s website. Violation of the Program is considered a violation of the Terms and you will be excluded from the Program. Provider reserves the right any time to amend the Program with further publication of such changes on Provider’s website. Provider bears no obligation to notify you of any such changes. If you continue to participate in the Program after the changes came into effect, Provider considers your unconditional acceptance of such changes, and therefore Provider is not obliged in any way to establish whether you have read such changes or not.
11. PRICE AND PAYMENT
11.1.When you start using the Services you can choose any tariff published. Provider charges you for the Services under the present tariffs and can change them unilaterally at any time.
11.2.However, you can always contact Provide with the offer on individual tariff and/or receive a test balance up to 60 days according to your technical requests and projects you plan to promote within the Services. It is for Provider’s sole decision whether individual tariff and/or test balance, as well as the duration for the test balance, will be provided. Information about individual tariffs provided is considered Confidential information. You may contact Provider by e-mail email@example.com in this respect.
11.3. Payment for the Services may be delivered in any way available according to the Services you choose. Due payment will be displayed during placing your order; any additional payments (if any) related to the Account usage may be added to your due payment.
11.4. Tariffs shall be paid in advance, prior to the Services use if otherwise was not agreed by Parties, or if Pay-as-You-Go tariff has been chosen. A day of the month when your Account is activated shall be considered a “Settlement Date”. Your Account is activated after Provider confirms your registration.
11.5. If you choose monthly basis payment, you shall pay all due tariffs and accrued liabilities on a monthly basis in advance for the next month you intend to use your Services, before the Settlement Date (except there are less days in a month than the payment date provides; however, the Settlement Date shall be the last day of such month). If you exceed your monthly Services, you will be charged under Pay-as-You-Go tariffs.
11.6. If you choose Pay-as-You-Go tariff, you will be charged for the CDN resources you actually use.
11.7. Pay-as-You-Go is activated by default after registration. We do not save your card details and do not make automatic payments from the card, even if you have a debt in your billing account. If you want a custom plan, select the appropriate option in the pricing plan menu – “Get a Custom Plan”.
11.8. You shall keep your balance positive and do not violate these Terms and Policies.
11.9. If you have activated a custom plan on a subscription model, you get a certain amount of traffic at a certain price at once, in case of extra traffic, the overuse price will be indicated in the pricing plan menu, in the overuse value.
11.10. Provider’s obligations to render the Services appear only after you perform your relevant payment before the Settlement Date. The payment is made without offsetting counterclaims or deductions. The payment shall be deemed to have been made on the date when payment enters Provider’s account.
11.11. If you do not perform relevant payment before the Settlement Date or after your credits under Pay-as-You-Go basis are used, Provider may stop rendering Services, if you and Provider didn’t agree individually otherwise.
11.12. You fully responsible for the accuracy and completeness of all data (such as change in billing or mailing address, credit card expiration) and timely notification of changes of these details. Provider is not responsible for any misunderstanding resulting from failure to notify of these changes.
11.13. If you believe the mistake on the amount to be paid has been made, you may contact Provider by e-mail firstname.lastname@example.org or by creating a ticket in your Account. You shall send your claim or create a ticket no later than 5 days before the Settlement Date. If Provider considers your claim as justified, the corresponding amount will be transferred to your Account by the next Settlement Date.
11.14. If you fail to perform your due payment before the Settlement Date, and/or keep your balance negative within 3 months, and/or keep your balance as “0” (no payments were occurred and made, no activity was noticed) your Account may be temporarily blocked. If Provider does not receive your payment within 10 days after the Settlement date, and/or you do not make your balance positive, and/or continue to keep your balance as “0”, your Account and all the Services related to your Account may be disconnected and put into the deletion queue, after 5 days of being in the deletion queue all Posted Content will be deleted.
11.15. You undertake to pay all transaction costs, including currency conversion costs if applicable.
11.16. You shall immediately inform Provider of any of the following circumstances on: (i) the expiry date of any payment form, (ii) changing of home address or the address set for the payment matters, and (iii) obvious security breaches, including the loss, theft, unauthorized disclosure or use of your payment form, ID number or password. In case of a such a security system breach, you agree to be liable for any unauthorized use of the Services due to such breach.
13. INTELLECTUAL PROPERTY
13.1.Information on individual tariffs and personal payment conditions, Provider’s Content, including text, graphics, photographs, music, software, databases, scripts and trademarks, service marks and logos shall belong to and/or are subject to Provider’s license. All Content is subject to copyright, trademark rights, trade secret, and/or other rights, in accordance with the laws of the relevant jurisdiction, laws of other countries, and international conventions. Provider reserves all rights to use your published Content.
13.2.Except where expressly stated otherwise, you agree not to copy, modify, publish, transmit, distribute, participate in the transfer or sale of creative derivative works, or use in any other way, in whole or in part, any Content.
14. AMENDMENT OF THE TERMS
14.1. Provider reserves the right to amend these Terms at any time by posting such amendments as part of the Services on Provider’s website.
14.2. IF YOU CONTINUE TO USE THE SERVICES AFTER THE AMENDMENTS WERE MADE, YOU CONFIRM YOU ARE FAMILIAR AND UNTITUALLY ACCEPTED THE TERMS.
15. INDEMNIFICATION AND RELIEF
15.1. You are fully responsible for the settlement of any existing, potential, or future disputes related to the Services provided, and undertake to protect Provider from any complaints, claims and suits of the third parties arising in connection with the provision of the Services, Posted Content or your violation of these Terms (including Provider’s Policies). You agree to reimburse Provider all expenses incurred (including legal costs) related to the consideration of any disputes, claims, complaints, and suits from the third parties related to providing the Services.
15.2. If you receive a claim under this Section from any third party, Provider has the right but is not obligated, to participate in the consideration of the such claim.
15.3. If you participate in a dispute with any third parties, you hereby release Provider, his officers, employees, agents, and successors from claims, suits, and payment of any losses (actual and indirect), known and unknown, foreseeable and unforeseen, disclosed and not disclosed, arising and in any manner related to such disputes and/or the Services.
15.4. If you are subject to the laws of the state of California, USA, you waive the rights specified in Section 1542 of the California Civil Code, in particular: «A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that if known by him or her, would have materially affected his or her settlement with the debtor or released party».
16. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
PLEASE READ THIS SECTION CAREFULLY AS IT PRESENTS LIMITATION OF PROVIDER’S LIABILITY ON THE FULLEST EXTENT, ALLOWED BY LAW.
16.1.You hereby agree that you use of the Services at your own risk. The Services are provided in the existing form, without any direct, indirect or statutory guarantees or conditions. Provider expressly disclaims any indirect warranties of merchantability, fitness for a particular reason, non-violation of rights, legitimacy of property rights, accuracy, integration, compatibility and unhindered use of information. Provider withdraws any guarantees related to viruses or other malicious components regarding your use of the Services. Indirect warranties are prohibited in some jurisdictions. In such jurisdictions, some of the foregoing disclaimers may not apply to you to the extent they are related to indirect warranties.
16.2.UNDER NO CIRCUMSTANCE SHALL PROVIDER BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING LOST REVENUES, ANTICIPATED PROFITS OR COMMERCIAL DAMAGES, WHETHER BASED ON ANY USE, IMPROPER USE OR IMPOSSIBILITY OF YOUR USE OF THE SERVICES, WHERE OR NON SUCH DAMAGES ARISE AS A RESULT OF (I) USE, IMPROPER USE OR IMPOSSIBILITY TO USE THE SERVICES, (II) YOUR TRUST TO ANY CONTENT WITHIN THE SERVICES, (III) INTERRUPTIONS, TEMPORARY DISCONNECTIONS, CHANGE OR TERMINATION OF THE SERVICES, (IV) TERMINATION OF THE SERVICES PROVISION BY PROVIDER (V) TEMPORARY CLOSING OR DELETING OF YOUR ACCOUNT OR OTHER ACCOUNTS PARTICIPATED IN THE SERVICES. THE PRESENT TERMS ARE APPLICABLE IRRESPECTIVELY TO THE FACTS OF NEGLIGENCE OR ANY OTHER VIOLATION OF ANY PARTY AND WHETHER SUCH COMMIT IS RELATED TO THESE TERMS, NEGLIGENCE OR ANY OTHER REASON AND FORM OF VIOLATION. THESE LIMITATIONS ARE APPLICABLE FOR DAMAGES CAUSED FROM RECEIVING OR ADVERTISING OTHER SERVICES OR PRODUCTS RELATED TO THE SERVICES. PARTICULAR JURISDICTIONS PROHIBIT LIMITATION OF LIABILITY. IN SUCH JURISDICTIONS SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. YOU ARE SOLELY RESPONSIBLE TO DETERMINE WHETHER RELEVANT JURISDICTION LIMITS THE PROVIDER LIABILITY.
16.3.PROVIDER PRESENTS NO WARRANT ON (I) THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (II) SERVICES WILL BE PROVIDED CONTINUOUSLY, IN TIME, TO ENSURE SAFETY OR NO ERRORS, (III) RESULTS FROM YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, CONTENT OR OTHER MATERIALS RECEIVED FROM THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR (V) ANY ERRORS IN THE CONTENT WILL BE FIXED.
16.4.ANY CONTENT YOU GET AS A RESULT OF USING THE SERVICES IS AT YOUR SOLE DISCRETION AND RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY HARM TO YOUR COMPUTER SYSTEM OR ANY OTHER DEVICE OR LOSS OF DATA CAUSED BY SUCH CONTENT.
16.5.YOU MAY EXERCISE YOUR RIGHT AND LEGAL PROTECTION IN CASE OF UNSATISFACTION WITH THE SERVICES OR ANY OTHER COMPLAINTS ONLY THROUGH TERMINATION OF THE SERVICES. NOTWITHSTANDING THE FOREGOING, THE HIGHEST RESPONSIBILITY OF PROVIDER REGARDING USE OF THE SERVICES DOES NOT EXCEED YOUR 1 (ONE) MONTH PAYMENT.
17. APPLICABLE LAW, JURISDICTION
17.1.These Terms and legal relations between the Parties are governed by Polish laws.
17.2.The Parties undertake to resolve all disputes and disagreements related hereto peacefully through negotiations.
17.3.If the provisions of clause 17.1 hereof cannot be performed, any claims, grounds for action or disputes that may arise between the Parties are governed by polish laws without applying the conflict of law provisions to the fullest extent permitted by law.
17.4.In case of any claim, suits or complaints you agree to the personal and exclusive jurisdiction of Polish courts.
18. FORCE MAJEURE
18.1.No Party shall be liable for failure to fulfil or improper performance of these Terms if it is caused by force majeure circumstances the Parties could not know in advance and/or other unforeseen circumstances that impede the fulfilment of the obligations hereof and occur regardless of the will and desire of the Parties.
18.2.Force majeure circumstances include (but are not limited to): fire, flood, earthquake, tsunami, tornado, hurricane, typhoon, landslides, mudflows, avalanches, volcanic eruptions and other natural disasters, wars, revolutions, coups, strikes, sabotage and terrorist acts, robberies, accidents in the power supply and communications system, changes in legislation, actions of state bodies and their officials if these circumstances directly affect the implementation of these Terms. Unforeseen circumstances hindering the fulfillment of obligations include (but are not limited to): the seizure of Provider’s servers on the basis of an appropriate court decision, an accident, unlawful actions of third parties, an explosion, etc.
18.3.The Party that has become aware of the occurrence of such circumstances shall notify the other Party thereof no later than 15 (fifteen) calendar days from the occurrence of such circumstances.
18.4.In case of force majeure, the deadline for fulfilment of obligations hereunder is postponed to the period during which such circumstance and its consequences apply.
19. FINAL PROVISIONS
19.1.Relations between the Parties. These Terms do not lead to and do not create any labour relations between the Parties, as well as create no partnerships, joint venture, agency, or a trade representative. You do not have the right to perform any actions on behalf and in the interests of Provider, unless Provider authorizes you in writing to any such actions. You are not granted with and do not have the right to introduce yourself and act as Provider’s representative. You do not have right to perform any action or make any statement contrary to any provisions of this clause and the entire Terms.
19.2.Third party rights. Nothing in these Terms foresees or grants any right or remedy to any third party.
19.3.Sustainability of the provisions. These Terms and its annexes, with all subsequent changes and/or amendments, fully reflect the contractual relationship between you and the Provider, cancel any preliminary agreements between you and Provider, and cannot be changed without the written consent of Provider.
19.4.Disclaimer. Provider’s failure to use the means of enforcing any provisions of the Terms is not considered as a disclaim to use the rights to enforce any provision hereof or the law provided for by these Terms or applicable law.
19.5.Independence of provisions. If any provision hereof is recognized as invalid or unenforceable in accordance with applicable law, the Parties agree that the invalid and unenforceable provision replaces the valid, enforceable provision that most accurately reflects the meaning of the original provision, and the remaining provisions of these Terms retain full legal force.
19.6.Assignment. The rights and obligations hereunder are not subject to assignment, transfer, or sublicense by you without the prior written consent of Provider. Provider may resell, reassign or transfer his rights and obligations hereunder at any time without limitation, notification, or your consent.
19.7.Exchange of notifications. You agree that Provider may send you notifications by e-mail, regular mail, or by posting the notification as part of the Services. The notification is considered properly delivered and received by you from the moment it is sent. Except where expressly stated otherwise, all notifications to Provider must be sent to email@example.com. The notifications are deemed accepted upon receipt by Provider.
19.8.Interpretation. The section titles of these Terms are created for convenience only and have no legal or contractual consequences.