The Client agrees to the following service terms and conditions:
SERVICE. BlackSun provides a dedicated web server that is integrated into the Internet. The use of any data or material, which Client receives from the service provided by BlackSun, is at Clients sole and absolute risk.
USE OF SERVICE. The use of this service herein has a limitation on the amount of data transfer and bandwidth, as indicated. This service is for the exclusive use of the Client, and does not extend to any other person or entity. BlackSun expressly prohibits reselling on any non-reseller or dedicated server hosting plans, and will terminate any agreement which does not comply with this provision.
WARRANTY. BlackSun will utilize its best efforts to maintain acceptable performance of the contracted services, but makes absolutely no warranties, express or implied. Nor can BlackSun guarantee continuous service, service at any particular time, or integrity of data stored or transmitted via its system or via the Internet.
LIABILITY. BlackSun will not be liable for the inadvertent disclosure of, corruption or erasure of, data transmitted, received or stored on its system.BlackSun shall not be liable to the Client or any of its customers for any claims or damages which may be suffered by the Client or its customers, including but not limited to losses or damages of any and every nature, resulting from the loss of data, inability to access the Internet, ability to transmit or receive information, caused by or resulting from, delays, non deliveries or service interruptions, whether or not caused by the fault or negligence ofBlackSun.
INDEMNIFICATION. The Client agrees that it shall defend, indemnify, save and hold harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys fees against BlackSun, its agents, customers, servants, officers and employees that may arise or result from any services provided, performed, agreed to be performed or any product sold by the Client.
DOMAIN NAME. BlackSun will acquire, at the request of the Client, a .com .net .org .ca or .tv Internet Domain Name (CIRA, InterNIC or dotTV) on behalf of the Client. In such instances the Client hereby waives any and all claims which it may have against BlackSun for any loss, damage, claim or expense arising out of, or in relation to, registration of such Domain Name.
INVOICING AND SERVICE FEES. The Client shall be invoiced a mimimum one (1) year in advance. Payment is due upon inception (sign-up date). In the event the Client fails to pay in advance for the services provided herein or any delinquency exists in the Client’s account BlackSun reserves the right to terminate this agreement and discontinue service to the Client without liability. Any adjustments to a Client’s renewal term or plan type will be subject to a $25.00 administration fee.
MODIFICATIONS. BlackSun reserves the right to make changes to any of the above terms and conditions of this Agreement upon thirty (30) days written notice to the Client, advising of the changes and the effective date thereof.
ENTIRE AGREEMENT AND SEVERABILITY. This instrument constitutes the entire agreement between the parties, and represents the complete and entire understanding of the parties with respect to the subject matter contained in this agreement. This instrument supersedes any other agreement or understanding between the parties, whether written or oral. In the event that any term or provision of this instrument is held by a court of competent jurisdiction to be unenforceable, then the remaining provisions of this instrument shall remain in full force and effect.
RESTRICTIVE USE: The Client may only use BlackSun‘s services for lawful purposes. In the event that at any given time, BlackSun believes the service is being used by the Client in contravention with any of the terms and provisions contained in this Agreement, BlackSun has the right to immediately discontinue such service to the Client without liability, refund or compensation of any type.
The following are restrictive and prohibited uses, and shall be cause for the immediate termination of web services to the Client without prior notification:
a) Unauthorized distribution, sharing or copying of copyrighted software (including audio MP3s, films and movies, DSS software, codes, loaders and unloopers, Bit Torrent, etc.) and violation of any Canadian or US export restrictions or laws.
b) Trafficking in any adult pornographic, fetish, obscene or deviant sexual material, escort or other adult online membership services, drug dealing and other illegal, criminal or prohibited activities.
c) Unsolicited advertising email, using a non-existing email address on a commercial solicitation, spamming, trolling, mailbombing, subscribing someone else to a mailing list without that person’s permission or cross-posting articles to an excessive number of newsgroups.
d) Tortuous conduct such as posting of defamatory, libelous, scandalous or private information about a person without their consent, intentionally inflicting emotional distress, harassment, slander, violation of trademarks, copyrights or other intellectual property rights and fraud.
e) Any other misuses of the system resources, such as employing posts or programs which consume excessive CPU time or storage space, permitting use of mail services, mail forwarding capabilities, POP accounts, or auto-responders other than for the Client’s accounts, or resale of access to CGI scripts installed on our servers.
For clarification or expansion on these restrictive uses and policies, email email@example.com.
BlackSun reserves the right to report such illegal activities to any and all-regulatory, administrative and/or governmental authorities for appropriate prosecution.