Blade
Hosting Service Terms and Conditions
Revised: 08/26/2005
Following are Blade's standard web hosting agreement terms.
All clients are bound by these terms, which may be periodically updated
online.
TERMS OF PAYMENT
The hosting packages described in the service listing are payable in
advance to enjoy these competitive rates. No refunds will be issued.
Blade reserves
the
right
to change
fees upon 30 days written notice to client. Customers who choose to pay
their hosting every month are required to remit payment in cash at least
5 days prior the beginning of the hosting
month in question. Hosting packages of 6 months and over can be remitted
by check at least 5 days prior the start of the chosen period to enjoy
discounted packages. If renewal takes place after expiration of hosting
package, the standard set-up fee for the selected service will be applicable.
GENERAL
TERMS
• Hosting services may be immediately terminated by Blade if the
client makes an assignment for the benefit of creditors or if petition
in Bankruptcy
or for reorganization under the Bankruptcy is filed by or against client,
or if the client goes out of business or announces an intention of doing
so.
• Hosting services include a free listing with an active link to
your site from the St. Maarten UP CLOSE business directory as soon as
this directory is launched.
• This agreement shall be subject to the rates and conditions which
are hereby made a part of this agreement.
• It is agreed that no understanding exists and that no representations
or agreements have been made by Blade or its agents except those which
are specified in this agreement and in said terms and conditions.
• The provisions of this agreement may be updated periodically
by Blade. Updated agreement provisions are available online at www.askblade.com/webfiles/html/blade_packages/hosting_terms.html
and will be binding upon all parties.
• Maintenance services are limited to revisions to existing pages
developed by Blade. Development of
additional pages and/or revisions to pages by a third-party are subject
to a
page development fee.
GENERAL CONDITIONS
All contracts are made subject to the following conditions:
• The person signing the hosting agreement represents that he/she
has the authority to bind his/her firm to the terms and conditions
set
forth.
• Signed agreements must be received by Blade prior to
commencement of services. No backdating of agreements will be allowed.
• The failure of Blade to deliver Internet service because of
strikes, riots, acts of God, any third party or of the public enemy
and any
other circumstances beyond the control of Blade shall not be considered
a breach
of agreement, and WiredWebWizards N.V. shall not be liable in damages
thereof. The maximum liability
for WiredWebWizards N.V. and its subsidiary Blade for problems of any
kind with your service is a prorated credit or refund
for the
duration
of service interruption. Blade makes no express or implied warranties
of
service in connection with the use of Internet access and/or other
services provided under this document and is not liable for any loss
of service,
loss or damage to data or damage to equipment or software or any other
loss, damage or inconvenience resulting from reliance on or use of
Internet services.
• Any illegal use of the customer's website, connection or server
space will result in immediate termination of service. Blade will fully
cooperate
with
any law enforcement authorities and is not responsible for any monetary
or
other losses resulting from such termination.
The following actions may result in immediate termination of service:
• tampering with or intruding upon other sites and services offered through
Blade
• theft of service
• encumbering disk space, processors or system resources so as to interfere
with others' normal use of service (a "denial of services" attack)
• creating or participating in chain letters or pyramid schemes
• harassing other users
• abusing the services of a remote server
• sending unsolicited mass mailings and/or mass mailings to customers
without an opt-out provision (including use of unsolicited e-mail originating
from within Blade’s network or networks of other Internet Service
Providers on behalf of, or to advertise, any service hosted by Blade,
or connected via Blade’s network)
• running daemons, MUD's, or other background processes
• introduction of viruses or worms
• unauthorized uploads of executable files including CGI scripts,
DLL's and/or EXEs without the expressed written consent of Blade.
PROMOTIONS
• Client must notify Blade 5 days prior to anticipated
heavy site traffic due to advertising, public relations campaigns and
any other
source. Blade
will not be responsible for server performance problems or site modifications
required due to inadequate notification.
LIABILITY
• Blade will not be liable for any errors in any websites published
hereunder and will correct any errors within 1 business day of notice
of error made in writing by client.
• Client assumes all responsibility for collection of applicable taxes
on online transactions and for compliance with all local, national
and international laws and regulations. Client assumes liability for all
statements contained in websites and assumes responsibility for any
claims against Blade, WiredWebWizards N.V., its parent and affiliate
corporations and subcontractors thereof and by reason of the publication
in such website of any name or picture of any individual mentioned
or displayed herein and further agrees to save WiredWebWizards N.V.
harmless from any claim that might be brought against it and to reimburse
Blade its parent and affiliate corporations and subcontractors for
any amount paid by it in settlement of any such claim or in satisfaction
of a judgment obtained thereon and to pay all other necessary expenses
including attorneys fees and collection fees incurred in connection
therewith in defense of any such claim.
•
Blade will be reimbursed for all amounts and fees associated with charge
backs against its merchant account and will be held harmless in all disputes
regarding credit card transactions processed against its merchant account
or through its equipment.
• Hosting agreements are not assignable or transferable by client without
the written consent of Blade.
Above Terms & Conditions constitute the complete
terms and conditions for hosting services provided by Blade, its parent
corporation
and/or affiliates.
The terms are ruled by the laws of the Netherlands Antilles and may be
revised from time to time depending on changes within the corporate structure
of Blade or Laws ruling the Internet, the country or the Island Territory
of St. Maarten.
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