TERMS OF SERVICES
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 web hosting Services 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 the 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 – web hosting services 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 on 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. Your hosting – web hosting services rendered by the Provider in accordance with the tariff plan you purchased under the conditions described on the Provider’s website.
1.10. IP – any numbers and addresses of Internet protocols that may be assigned to you by the Provider.
1.11. Posted Content – websites, HTML-files, scripts, utilities, apps, multimedia and any other materials (including any trademarks, labels, logos and other commercial names or designations of products/services associated with such materials) that you either other users whom you allow to use your server space, are placed on this space as part of the Services.
1.12. Memory space – volume of the Posted Content that you store due to your usage of the Services.
1.13. Traffic – the volume of Posted Content sent and received by the Provider’s computer systems.
1.14. Fare use limit – the limit of traffic, which means 1 terabyte (TB) of data traffic limit during a trial period. 1.15 Additional services – Provider’s services as part of the Server Administration Package or Remote Company Administration.
1.16. Customer Support – Technical Customer Support maintained by the Provider in line with provision of the Services.
1.18. Deadline for dispute resolution – the deadline for the Provider to consider Client’s written notification on the dispute related to the mistake, made by the Provider in the calculation of Client’s payments and sent no later than 5 days before the Settlement Date, as this term is described in clause 11.2 hereof.
- 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 Provider to you on the conditions described herein and its annexes where applicable.
2.3. You acknowledge and agree that you may access Third-Party Content with an inaccurate, abusive, obscene or other dubious nature and/or such content 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 the Provider regarding such Third-Party Content.
2.4. You acknowledge and agree that Provider does not bear any responsibility, including in relation to you, for the control of the Services for incorrect Content or behavior. If the Provider at any time decides at his sole discretion to begin tracking such Content, he does not take responsibility for such Content and is not obligated to modify or delete any such Content (including Third-Party Content), and is also not responsible for the behavior of users posting such Content (including Third-Party Content).
2.5. 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 the 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 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.
- RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. Rights and obligations of the Provider:
4.1.1. Obligations of the Provider:
• to provide services to the Client with respect to the provisions hereof;
• to provide the Client with the Services paid in full, on time and for the period agreed by the Parties, as well as where applicable provide the necessary equipment and software, if agreed by the Parties;
• in case of interruption in providing the Customer with the Services paid, to take all possible measures to eliminate the reasons for such interruption and resume the Services;
• to keep records of the Services provided to the Client and timely present documents for the payment of the Services, considering the terms hereof.
4.1.2. Rights of the Provider:
• to unilaterally terminate the provision of Services in case of violation of these Terms and its annexes (Policies);
• 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 the Services to the Client and/or stop servicing the Client with giving him time to transfer his projects from the Provider’s infrastructure to other storage equipment;
• to disclose information regarding the Client in accordance with the requirements of the legislation of the European Union and international law;
• unilaterally, without warning, immediately to terminate the Service provided to the Client in case Client insults Provider’s employees through the ticket system or in another accessible way. The moment of Services termination is considered the moment when the Client inflicts the above insult.
4.2. Rights and obligations of the Client:
4.2.1. Obligations of the Client:
• 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 deposit your personal account in the 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 the Provider’s service, and upon subsequent changes to it;
• in case of technical problems when using the Services, immediately inform the 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 the Client or the Third parties during the Services using;
• fully comply with all the Terms and the Policies;
• to check official information published on the Provider’s website on a regular basis;
4.2.2. Obligations of the Client:
• to require Provider to render the Services in accordance with the terms hereof;
• to post Content on your Account, as well as any projects, strictly in compliance with the European Union laws, international law and the terms hereof;
• to use the Provider’s resources at your personal discretion and own risk.
- CRIGHT 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, including web hosting services and the Content associated with them, on your computer under these Terms.
5.2. Right to use the Services may be terminated (includes a partial termination or restriction) by the Provider at his sole discretion, under no reason, without the obligation of prior notice to the Client. After such termination, the Provider may, but is not obliged to, perform the following actions:
5.2.1. delete or deactivate your Account (in accordance with the further procedure),
5.2.2. block your Account and/or IP address or otherwise terminate your use of the Services, and/or
5.2.3. 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. Upon Services termination by the Provider, you agree to no longer use and not try to use the Services after such termination. Upon such termination, you also cease the right to be provided with the Services, with at the same time all other provisions hereof remain in force.
5.4. If you terminate these Terms or suspend the use of the Service, you are solely responsible for saving and further transfer your stored Content or data out from the Provider’s servers. The Provider does not bear obligation of physical or FTP transfer of the Contents from your server to other servers or storage space. If you terminate the Services or in case of your cancellation hereof, the Provider does not bare obligation to transfer or manage the Contents from your server. In compliance with these Terms, including Sections 15 and 16 hereof, you acknowledge that the Provider is not responsible to you or any third party for the termination of the right to use the Services.
5.5. Termination of using or termination of the Services provision takes effect immediately and you fail to extend your use of the Services until the end of the period for the Services purchased.
6.1. To use the Services in a full range you need to 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 change or at the 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 fulfill 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 case of any violation of the security system or unauthorized use of your Account, you undertake to immediately notify the Provider. In accordance with these Terms, the Provider is not liable for any losses incurred as a result of any unauthorized use of your Account, and, in addition to fulfill the provisions of Sections 15 and 16 hereof, you indemnify the Provider against liability for damages related to any such unauthorized use.
- INTELLECTUAL PROPERTY
7.1. The Content, including text, graphics, photographs, music, software, databases, scripts and trademarks, service marks and logos specified herein, belong to and/or are subject to the 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 Client’s Content.
7.2. 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.
8.1. The Provider renders the Services according to the tariff plan you purchased under and these Terms. Rendering the Services, Provider controls and owns any and all IP numbers and addresses that may be assigned to you, and reserves the right to change or delete at his sole discretion such IP numbers and addresses assigned to you or other persons.
8.2. Before using any Services offered by the Provider and placing an order for such Services, you shall check an availability of any non-standard configuration for your hosting.
8.3. You are solely responsible for the development, publication and support of the Posted Content. For the purposes of these Terms, the Posted Content also includes any of your content (and content of your users), which is stored and transmitted through servers and other technologies used within the Services.
8.4. During the trial period Provider applies fare use limit which means 1 terabyte (TB) of data traffic. Should You need more data traffic then fair use limit allows, You shall contact Provider’s support service to meet your individual expectations and increase you data traffic limit upon your individual request. 8.5 You are obliged to ensure that during your usage of DNS systems or other systems, the Provider’s servers will not be overloaded. If you exceed the allotted limits for data transfer and, as a result, overload channels or DNS servers or other Provider’s systems, you shall cover any fines, payments and claims related to such overload.
8.6. You acknowledge and agree that use of the Services requires a certain level of knowledge of programming languages, Internet protocols and various programs, depending on the expected usage and the Content that you may post. You acknowledge and agree that you have all necessary knowledge to create, modify and maintain the Posted Content. The Provider is not responsible for the absence, inappropriate knowledge, teaching of such skills. The Provider is also not responsible and liable for the verification of Posted Content; however, the Provider may conduct such verification at his sole discretion hereunder relying on the development/consultation tariffs.
8.7. For the sole purpose of restoring his servers, the Provider regularly backs up information. However, the Provider does not make any direct or indirect guarantees regarding the volume and time of such backup. You bare solely responsibility for creating local copies of the Posted Content. If data loss occurs due to the Provider’s mistake, the Provider makes efforts to restore such data free of charge. In case data were lost for another reason, you can request the Provider to restore it from the last backup at the corresponding Tariffs.
8.8. The Provider reserves the right to control the Services rendering, access to and disclosure of any information to comply with any law, regulatory act or other request of state bodies, based on the requirements of the proper functioning for the Provider’s system, protection of Provider and other users, other reasons at the sole consideration of the Provider, however, the Provider is not responsible for such actions.
8.9. The 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 the Provider becomes aware of while providing the Services.
8.10. With respect to the tariff plan and hosting services you have chosen and purchased, the Services may be limited referring to the Memory space and Traffic.
8.11. You acknowledge and agree that upon reaching the Memory space limit allocated for the purchased hosting, you will not be able to post any additional materials.
8.12. You acknowledge and agree that upon reaching the Traffic limit allocated for your hosting for any calendar month, additional traffic is paid with respect to the number of gigabytes and/or gigabits per second upon the standard Provider’s rate specified for the Services. If you do not use any or all part of the allocated Traffic during any calendar month, such unused Traffic cannot be credited for the next month. All unused allocated Traffic for a relevant calendar month shall be canceled.
8.13. You acknowledge and agree that the relationship between the Provider and you hereunder is only the relationship between independent hosting 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. The Provider renders no services on edition or verifying existing or future Posted Content.
8.14. In accordance with the provisions hereof, the 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, including but not limited to, (a) hardware malfunction; (b) periodic maintenance or repair works by the Provider, and (c) due to circumstances beyond the control or reasonably unforeseen for the Provider, including, but not limited to, interruptions or errors in the telecommunication connection or digital transmission lines, network attacks, network congestion, etc. You agree that the Services may not be available within the period for your planned update or reduce of Your hosting volume. You agree that the Provider cannot ensure the permanent or continuous availability of the Services. You agree that within regular business activity, the Provide change the location of the servers and equipment, as a result of what, despite having a dedicated IP address, you may be assigned with different IP address. The Provider does not guarantee you permanent IP addresses.
8.15. You acknowledge and agree that the Provider may require you to confirm your authority to use the Services, including, but not limited to requests for the IP addresses purchase. In this case, you shall provide the Provider with any objectively necessary information to confirm the purchase, and the Provider subject to his sole discretion may satisfy your request. You acknowledge and agree that your name and credential may be disclosed to certain third parties, including, but not limited to, the American Registry for Internet Numbers (ARIN), to comply with the official rules of such third parties and registrars, and aforementioned information may be published in the Whois protocol database (protocol for collecting registration data on the IP addresses owners etc.).
8.16. You at your sole discretion bear the risk of loss and damage of your hosting and all the Posted Content. You bare full responsibility to ensure security of your hosting and Posted Content, including, without limitation, measures: (a) to prevent any loss or damage to the Posted Content; (b) for independent creating of archival and backup copies of the Posted Content and (c) to ensure safety, confidentiality and integrity of the Posted Content and information shared or stored as part of the Services.
8.17. When purchasing Additional Services, the provisions hereof shall apply. If the Provider, at his sole discretion, decides that the assistance required under the Additional Services is not included into the Additional Services basic packages, you may be charged for Costumers Support for the Additional Services. In this case, the Provider will charge you under per minute tariffication for using the Customer Support based on the calculation of the minimum cost for Customer Support per 1 hour (60 minutes) under the current Tariffs. If Provider decides to charge you for using the Customers Support, he reserves the right of demanding due payment to be made before performing any related actions.
- POSTED CONTENT
9.1. 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. Not limited to the foregoing, you acknowledge and agree that you bare sole responsibility for all the content posted by your users, regardless of whether you control such use of the Services.
9.2. During the term of the Services, you grant the Provider the global, non-exclusive, license-free, perpetual, non-revocable, sublicensed license, for copying performance, public display, distribution and publication of Posted Content on the Provider’s computer system 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 the Provider and any of his users regarding the Posted Content.
9.3. 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 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.
9.4. You agree on the Provider may, at his sole discretion, refuse to publish, remove or block access to any Posted Content for any reason or without it (including due to a violation of the Provider’s Acceptable Use Policy), with or without notice.
9.5. You agree to protect the Provider from any claims, lawsuits or litigations brought or opened by a third party against the 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 the Provider any and all losses awarded for compensation by a court resolution, including acceptable payment for legal services incurred by the Provider regarding such claim, lawsuit or court proceeding.
9.6. The Provider has no right to claim the ownership or control of the Posted Content. You or the third-party licensor, when applicable, reserve all rights, including the right of ownership, to the Posted Content, and are responsible for protecting your rights to the Posted Content. You acknowledge and agree that the Provider is a “service provider” for you and the Posted Content and, therefore, is exempt from liability related to the Posted Content.
9.7. You agree that the Provider applies and uses the standard technical sources to identify and protect copyrighted products. The 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 THE PROVIDER RECEIVES THREE JUSTIFIED COMPLAINTS WITHIN SIX MONTHS, MAY LOSE HIS RIGHTS TO USE THE SERVICES.
9.8. If for any reason your Account or hosting is temporarily blocked or deleted, or in case of violation or termination hereof, you agree that the Provider may, at his sole discretion, permanently delete the Posted Content without the possibility of re-opening or restoring such Content.
- ACCEPTABLE USE POLICY
10.1. The 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, the 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 the Provider’s website. Violation of the Policy is considered as a violation of the Terms. The Provider reserves the right any time to amend the Policy with further publication of such changes on the Provider’s website. The Provider bears no obligation to notify you of any such changes. If you continue to use the Services after the changes came into effect, the Provider considers your unconditional acceptance of such changes, and therefore the Provides is not obliged in any way to establish whether you have read such changes or not. You acknowledge that you have read all the conditions of the Acceptable Use Policy.
10.2. If the 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 the Provider’s opinion, may be reliable. You agree to comply with all reasonable requests from the Provider as part of his investigation of violations. Without limiting the above provisions, if, at the Provider’s request, you cannot present convincing evidence that you have not violated these Terms, including this Policy, the Provider may unilaterally terminate these Terms and stop render you the Services.
10.3. The Provider reserves right to use reasonable efforts to you related with any violation of these Terms, the Policy or any other unauthorized use of the Services, including the application of civil, criminal and legal penalties against you, in addition to the termination of the Services. Any using of the Provider’s computer systems that contradicts these Terms is a violation hereof and local, foreign and international laws shall apply.
- BLAZINGCDN AFFILIATE PROGRAM
11.1. The Provider adheres to the lazingcdn Affiliate Program being an integral part of these Terms and includes additional terms related to you as our Client. Accepting these Terms, the Providers also considers you accepted this Program and all its provisions. By agreeing to the Terms, you unconditionally confirm you have carefully read all the Program posted on the Provider’s website. Violation of the Program is considered as a violation of the Terms and you will be excluded from the Program. The Provider reserves the right any time to amend the Program with further publication of such changes on the Provider’s website. The 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, the Provider considers your unconditional acceptance of such changes, and therefore the Provider is not obliged in any way to establish whether you have read such changes or not.
11.2. You acknowledge that you have read all the conditions of the Program.
- PRICE AND PAYMENT
12.1. The Provider charges you for the Services under the present prices (tariffs). Tariffs are based on specific criteria of your hosting and can be changed unilaterally by the Provider. Payment for the Services may be delivered in any way available according to the Services you chose. Due payment will be displayed during placing your order; any additional payments related to the Account usage may be added to the tariffs (for example, for exceeding the allocated Traffic).
12.2. Tariffs shall be paid in advance on a monthly basis, prior to the Services usage. Your hosting is activated after you credit the payment to the Provider’s account. The “Settlement Date” is considered to be a day of the month when your hosting is activated. You shall pay all due tariffs and accrued liabilities on a monthly basis in advance for the next month you intend to use your hosting, 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).
12.3. If you choose automatic billing for your payment, you agree to pay the invoices with chosen method on a monthly basis until the Settlement Date. You grant the Provider permission to automatically invoice you on an ongoing basis during the term hereof.
12.4. The Provider’s obligations to render the Services appear only after you perform your relevant monthly payment before the Settlement Date. The payment is made without offsetting counterclaims or deductions. You shall ensure that the Provider receives the payment according to the present Tariffs. The payment shall be deemed to have been made on the date when payment enters the Provider’s current account. If your Account is temporarily blocked for any other reason, except in relating with the Provider’s violation hereof, the corresponding subscription fees will continue to be charged to your Account.
12.5. If you believe the mistake on the amount to be paid has been made, you may contact the Provider by e-mail firstname.lastname@example.org or by creating a ticket in your account. The Provider shall consider your complaint only after you present a written dispute notice with sufficient arguments to analyze the complaint, to the extent that such a notice complies with the Deadline for the dispute resolution. If you fail to present such notice before the Deadline for the dispute resolution you are considered to be released from the right to claim any amount payable. If the Provider considers your claim as justified, the corresponding amount will be transferred to your account by the next Settlement Date.
12.6. If you fail to perform your due payment before the monthly Settlement Date, your account will be temporarily blocked – the port related to your account will be disconnected. If the Provider does not receive your payment within 10 days after the monthly Settlement date, your hosting, servers and all the Services related to your Account will be disconnected and put into the deletion queue, after 7 days of being in the deletion queue all Posted Content will be deleted.
12.7. You undertake full responsible for your Account before all due payments are made.
12.8. You undertake to pay all transaction costs, including currency conversion costs if applicable.
12.9. You agree not to report fraud, loss or theft related to any payment or form of payment you used to pay for the Services, without reasonable reason to believe that such fraud, loss or theft has been committed. You agree not to declare any payment in favor of the Provider as unauthorized without justified reasons. You agree that for any unjustified statement of such kind you shall pay the Provider the corresponding amount or obligation with an additional amount of $100, as the Provider’s administrative expenses related to your unjustified statement. The obligations specified herein do not limit any Provider’s rights and any of your other obligations under any reason, including violation of any other provision hereof.
12.10. You shall immediately inform the Provider of any from 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 such security system breach, you agree to be liable for any unauthorized use of the Services due to such breach. Under Provider’s request, you will be granted with access to the billing records, which indicate the amounts payable related to your use of the Services.
- REFUND PROCEDURE
13.1. The Provider has right, at his sole discretion, to refund the payment for the Services only if you cancel the purchase of the Services within 48 (forty eight) hours after access to the Service was granted.
13.2. The Provider deducts from all the amounts to be returned any costs incurred by the Provider regarding purchase of the Services and return of funds, including data processing costs.
13.3. In case of your unreasonable refusal from the server paid, you waive the right to demand a refund from the Provider. If you have violated the Terms of the Services and the Provider is forced to block the server, you fail to use your right to demand a refund from the Provider.
- AMENDMENT OF THE TERMS
15.1. The Provider reserves the right to amend these Terms at any time by posting such amendments as part of the Services on the Provider’s website.
15.2. IF YOU CONTINUE TO USE THE SERVICES AFTER THE AMENDMENTS WERE MADE, YOU CONFIRM YOU ARE FAMILIAR AND UNTITUALLY ACCEPTED THEM.
- INDEMNIFICATION AND RELIEF
16.1. You are fully responsible for the settlement of any existing, potential or future disputes related to the Services provided, and undertake to protect the Provider from any complaints, claims and suits of the third parties arising in connection with the provision of the Services, hosting, Posted Content or your violation of these Terms (including Provider’s Policies). You agree to reimburse the Provider all expenses incurred (including legal costs) related to the consideration of any disputes, claims, complaints, suits from the third parties related to the providing the Services, as well as to compensate the damage caused to the Provider.
16.2. If you receive the claim under this Section, the Provider has the right to choose a legal adviser to resolve such claim. The Provider has the right, but is not obligated, to participate in the consideration of such claim you undertake to pay compensation under. You undertake not to resolve any such claim without the prior written consent of the Provider, and the Provider undertakes to provide a justification for refusing to present his consent.
16.3. If you participate in a dispute with any third parties, you hereby release the Provider, its 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.
16.4. 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».
- DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
PLEASE READ THIS SECTION CAREFULLY AS IT PRESENTS LIMITATION OF THE PROVIDER’S LIABILITY ON THE FULLEST EXTENT, ALLOWED BY LAW.
17.1. You hereby agree that the 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. The Provider expressly disclaims any indirect warranties of merchantability, fitness for particular reason, non-violation of rights, legitimacy of property rights, accuracy, integration, compatibility and unhindered use of information. The Provider withdraws any guarantees related to viruses or other malicious components in connection with your use of the Services. Indirect warranties prohibited in some jurisdictions. In such jurisdictions, some of the foregoing disclaimers may not apply to you to the extent they related to indirect warranties.
17.2. UNDER NO CIRCUMSTANCE PROVIDER SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF THE 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 ARRISE 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 SERVICES, (IV) TERMINATION OF THE SERVICES PROVISION BY THE SUPPLIER (V) TEMPORARY CLOSING OR DELETING OF YOUR PAGE OR OTHER PAGES PARTICIPATED IN THE SERVICES. THE ABOVE TERMS AND CONDITIONS ARE APPLICABLE IRRESPECTIVELY TO THE FACTS OF NEGLIGENCE OR ANY OTHER VIOLATION OF ANY PARTY AND WHETHER SUCH COMMITTED 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.
17.3. THE PROVIDER PRESENRS 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.
17.4. ANY CONTENT YOU GET AS A RESULT OF USING THE SERVICES IS AT YOUR SOLE DISCRETION AND RISK. YOU ARE SOLELY RESPONSIBILITY FOR ANY HARM TO YOUR COMPUTER SYSTEM OR ANY OTHER DEVICE OR LOSS OF DATA CAUSED BY SUCH CONTENT.
17.5. 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 THE PROVIDER REGARDING USE OF THE SERVICES DOES NOT EXCEED YOUR 2 (TWO) MONTHS PAYMENT.
- APPLICABLE LAW, JURISDICTION
18.1. These Terms and legal relations between the Parties are governed by the polish laws.
18.2. The Parties undertake to resolve all disputes and disagreements related hereto peacefully through negotiations.
18.3. 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 the polish laws without applying the conflict of law provisions to its fullest extent permitted by law.
18.4. IN CASE OF ANY CLAIM, SUITS OR COMPLAINTS YOU AGREE TO THE PERSONAL AND EXCLUSIVE JURISDICTION OF THE POLISH COURTS.
- FORCE MAJEURE
19.1. No Party shall be liable for failure to fulfill 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 fulfillment of the obligations hereof and occur regardless of the will and desire of the Parties.
19.2. Force majeure circumstances include (but 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 the Provider’s servers on the basis of an appropriate court decision, an accident, unlawful actions of third parties, an explosion, etc.
19.3. 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.
19.4. In case of force majeure, the deadline for fulfillment of obligations hereunder is postponed to the period during which such circumstance and its consequences apply.
- FINAL PROVISIONS
20.1. Relations between the Parties. These Terms do not lead to and do not create any labor 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 the Provider, unless the 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 a 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.
20.2. Third party rights. Nothing in these Terms foresees or grants any right or remedy to any third party.
20.3. 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 the Provider and cannot be changed without the written consent of the Provider.
20.4. Disclaimer. The 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.
20.5. 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.
20.6. Independent research. You confirm your full agreement with these Terms and its annexes (including those set herein through reference) and agree to the implementation of its provisions. You confirm you have the right to analyze the provisions hereof before signing them, and that no provision of these Terms or any statement of the Provider or its related persons in any way prevented you from receiving legal advice before signing these Terms.
20.7. Assignment. The rights and obligations hereunder are not subject to assignment, transfer or sublicensing by you without the prior written consent of the Provider. The Provider may resell, reassign or transfer his rights and obligations hereunder at any time without limitation, notification or your consent.
20.8. Exchange of notifications. You agree on the 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 the Provider must be sent to the e-mail to email@example.com. The notifications are deemed accepted upon receipt by the Provider.
20.9. Interpretation. The section titles of these Terms are created for convenience only and have no legal or contractual consequences. For the purposes hereof, the term “including” is explanatory and not restrictive.