By submitting the online
order form, or by using Blizhosting’s
service, Customer hereby agrees to Blizhosting’s Terms of Service (TOS), Acceptable
Use Policy (AUP), No Spam Policy (NSP),
and Privacy Policy.
Unless otherwise specified, in this TOS,
the AUP, the NSP, and the Privacy Policy,
the usage of “us”, “we”,
“our”, and “ours”
shall refer to Blizhosting, a Malaysia
company, and all its parents, subsidiaries,
successors, and assigns. The usage of “you”,
“your”, “they”,
and “them” shall refer to the
Customer of Blizhosting.
Moreover, in this TOS, the AUP, the NSP,
and the Privacy Policy, “Blizhosting”
shall refer to Blizhosting, a Malaysia
company, and all its parents, subsidiaries,
successors, and assigns; unless otherwise
specified, “Blizhosting” and
“Blizhosting, Inc.” shall have
the same meaning and shall be interchangeable.
Customer agrees that it shall comply with
this TOS, Blizhosting’s Acceptable
Use Policy (AUP), and Blizhosting’s
No-Spam Policy (NSP). Customer further agrees
that it has read Blizhosting’s Privacy
Policy and agrees to all the terms and conditions
in the Privacy Policy. In this document,
the word “Agreement,” with a
capital “A,” refers to the TOS,
the AUP, the NSP, and the Privacy Policy
collectively. |
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| 1. General Terms. |
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In consideration
of hosting services to be delivered, Customer
agrees to be bound by the following terms
and conditions: |
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1.1. |
Customer agrees to pay, in advance
of each monthly service term, for hosting
services to be rendered. |
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1.2. |
Customer agrees to be bound
by the service term selected on the online
order form or via applicable promotional codes
that may require Customer to order Blizhosting’s service for a certain minimum
period of time. |
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1.3. |
Customer agrees to a no-refund
policy in advance. Setup fees and monthly
web hosting service fees are non-refundable. |
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1.4. |
Non-Payment of services shall result in a 5-day notice of disconnection. All payment failures must be cured within 5 business days from invoice due date or account will be suspended. Account termination will result from invoices overdue for 30 days. |
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1.5. |
Blizhosting is not and shall
not responsible for data integrity for any
accounts that are terminated, disconnected,
or interrupted because of Customer’s
failure to pay for Blizhosting’s services.
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1.6. |
Customers agree to pay all taxes
applicable to your account. |
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| 2. Agreement for Services. |
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2.1. |
Blizhosting will provide, and
Customer will purchase and pay for, the Web
hosting services (the “Services”),
according to the service fees specified in
the Order for the applicable Service Description.
Customer acknowledges that the service, and
service fees have been communicated to the
Customer, and that Customer is aware of all
applicable charges as per the Agreement. Customer
also understands that no promotional offers
will apply to their individual service unless
said promotional offers are specified in this
Agreement. |
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| 3. Payment. |
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3.1. |
Establishment and provision
of service is contingent upon receipt of payment
from Customer to Blizhosting. |
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3.1.1. |
Customer must pay in full for the Services
before Blizhosting begins to provide the
Services to Customer. Invoices are generated 5 days before renewal and customer agree that if paying by credit card, recurring billing will be billed and charged automatically on the date the invoice is generated and that Blizhosting may apply the amount due at any time to the credit card listed on file. |
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3.1.2. |
Setup fees will be charged
and are due at the time of the Customer’s
initial request of the Services requiring
setup. |
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3.2. |
Payment is due on the defined
monthly recurring billing date of each month.
All returned checks will be charged a $20.00
service fee. Service will be interrupted on
accounts that reach 5 days past due. Accounts
that are not collectable by Blizhosting will
be turned over to an outside agency for collection.
If your account is turned over for collection,
you agree to pay to Blizhosting a “Processing
and Collection” Fee of not less than
Fifty ($50.00) Dollars nor more than One Hundred
Fifty ($150.00) Dollars. |
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| 4. Delinquent Accounts. |
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Blizhosting may
temporarily deny service or terminate this
Agreement upon failure of Customer to pay
charges when due. Such termination or denial
will not relieve Customer of responsibility
for the payment of all accrued service fees,
and any collection fees to which Blizhosting
may be entitled under this Agreement or under
applicable law. |
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| 5. Account Cancellation. |
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Customers may
voluntarily cancel their account at any
time, for any reason or for no reason, by
emailing us at cancel@blizhosting.com informing us that they would like to cancel their account.
Once a Customer has cancelled their account before the renewal date,
no more charges will be billed to the account. Cancellations on or after renewal will be charged renewal fees.
Customer can terminate their account for
any reason or for no reason. However, Customer
understands and agrees that Blizhosting
does not provide pro-rated or any other
kinds of refunds on cancellations. All fees
Customer has paid shall be nonrefundable. |
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| 6. Refunds and Disputes. |
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IMPORTANT NOTICE: EXCEPT AS EXPLICITLY PROVIDED IN THIS SECTION 6, ALL PAYMENTS TO Blizhosting ARE NONREFUNDABLE.
All payments to Blizhosting are nonrefundable. This includes any setup fees and monthly fees regardless of usage. All billing disputes must be reported within thirty (30) days of the time the dispute occurred. Disputed charges to your credit card issuer, also known as chargebacks, which, in Blizhosting’s sole discretion, are invalid under the terms and conditions of this Agreement, will result in service interruption, and reconnection fees to restore the desired service.
Without waiving any of its other rights under this Agreement, Blizhosting offers to its Customers a 30-day money-back guarantee on fees for hosting services only (the “30-Day Guarantee”). If for any reason you cancel your account by filling in the account cancellation form and submitting it to Blizhosting, within thirty (30) days of the beginning of your service, Blizhosting will refund your money with no questions asked; provided, however, that you have never previously obtained a refund under the 30-Day Guarantee. If you have ever previously obtained a refund under the 30-Day Guarantee, your account will be canceled, but no money will be refunded to you.
Please note that the amount refunded to you will be the amount you paid for hosting services only, and will not include any of the following fees:
- Setup fees,
- Fees for domain name registrations,
- Fees charged for exceeding your allotted disk storage space or bandwidth,
- SSL certificate fees,
- Web design fees,
- Web site marketing fees,
- Any add-on services, features, software, and
- Any other fees for services involving a third party.
The 30-Day Guarantee is subject to all of the following limitations:
- You are entitled to a maximum of one (1) 30-Day Guarantee.
- If you do not cancel your account within thirty (30) days of the beginning of your service, your right to the 30-Day Guarantee shall expire forever and may not be revived under any circumstances, without the prior express written approval of Blizhosting.
- You may not transfer or assign the 30-Day Guarantee to any third party.
- You agree that you will not circumvent the restrictions on the 30-Day Guarantee described in this document, or attempt to circumvent those restrictions by any means, including, but not limited to, the following actions:
- Creating multiple accounts, using the same customer name or different customer names;
- Canceling your account for the sole purpose of obtaining a refund and then registering for a new account;
- Organizing multiple business entities or using assumed business names for the purpose of circumventing these restrictions;
- Knowingly providing false or misleading information when you register for your account; or
- Requesting a refund under the 30-Day Guarantee at any time after you have already received a refund under that guarantee.
- If you violate any provision of any of the following policies of Blizhosting, you will not be eligible for the 30-Day Guarantee:
- Terms of Service (TOS);
- Acceptable Use Policy (AUP); or
- No-Spam Policy (NSP).
Changes to your service, including, but not limited to, adding new services, removing services, or changing the type of hosting plan you have do NOT make you eligible for an additional 30-Day Guarantee. The 30-Day Guarantee applies to your first order of Web hosting services from Blizhosting and does not apply to any changes to your service at any time. |
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| 7. |
Customer agrees
not to engage in any activity that violates
any international, foreign, federal, state,
or local laws applicable to the service terms
described in this Agreement. |
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| 8. |
Blizhosting reserves
the right to discontinue service to any Customer
it deems, in its sole discretion, violates
any condition of service including, but not
limited to, the following: |
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8.1. |
the Acceptable
Use Policy, or |
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8.2. |
the No-Spam
Policy. |
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| 9. |
Customer agrees
to defend, indemnify, and hold harmless Blizhosting, and the parents, subsidiaries, successors,
assigns, employees and agents of Blizhosting
against any losses, claims, damages, liabilities,
penalties, actions, proceedings or judgments
(collectively, “Losses”) to which
an indemnified party may become subject and
which Losses arise out of, or relate to this
Agreement or Customer’s use of the Services,
and to reimburse an indemnified party for
all legal and other expenses, including reasonable
attorneys’ fees incurred by such indemnified
party in connection with investigating, defending,
or settling any Loss whether or not in connection
with pending or threatened litigation in which
such indemnified party is a party. |
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| 10. BLIZHOSTING SHALL NOT BE
LIABLE UNDER ANY CIRCUMSTANCES FOR |
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10.1. |
ANY INDIRECT, INCIDENTAL, SPECIAL
OR CONSEQUENTIAL DAMAGES, PUNITIVE OR EXEMPLARY
DAMAGES, OR FOR ANY LOSS OF PROFITS, LOSS
OF REVENUE, LOSS OF USE, OR LOSS OF DATA RESULTING
FROM THE USE OF BLIZHOSTING’S SERVICES
BY CUSTOMER OR ANY THIRD PARTIES, REGARDLESS
OF THE FORM OF ACTION OR THEORY OF LIABILITY,
OR |
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10.2. |
ANY LOSS OF DATA RESULTING FROM
DELAYS, NONDELIVERIES, MISDELIVERIES OR SERVICE
INTERRUPTIONS. |
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| 11. |
BLIZHOSTING PROVIDES
THE SERVICES AND PRODUCTS AS IS, WITHOUT WARRANTY
OF ANY KIND, WHETHER EXPRESS OR IMPLIED. BLIZHOSTING DISCLAIMS ALL WARRANTIES OF NON-INFRINGEMENT
OF ANY THIRD-PARTY RIGHTS, AND DISCLAIMS ALL
IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED
TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER
SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION,
USE, AND SUITABILITY OF THE SERVICES AND BLIZHOSTING SHALL HAVE NO LIABILITY THEREFOR. |
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| 12. |
TO THE MAXIMUM
EXTENT PERMITTED BY LAW, BLIZHOSTING DISCLAIMS,
ALL WARRANTIES, REPRESENTATIONS OR OTHER ENDORSEMENTS,
EXPRESS OR IMPLIED, WITH REGARD TO THE INFORMATION
ACCESSED FROM, OR THROUGH, THIS SERVICE, THE
SYSTEMS WHICH PROVIDE IT, AND THE INTERNET,
INCLUDING ALL WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR USE, OR NON-INFRINGEMENT
OF ANY THIRD-PARTY RIGHTS. |
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| 13. |
BLIZHOSTING DOES
NOT ASSUME ANY LIABILITY FOR THE COMPLETENESS,
ACCURACY, OR USEFULNESS OF ANY INFORMATION
DISCLOSED OR MATERIALS ACCESSED THROUGH ITS
SERVICES, ITS SYSTEMS, ITS NETWORKS, OR THE
INTERNET. |
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| 14.No Waiver of
Rights by Blizhosting. |
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Any failure by
Blizhosting to enforce this Agreement in
every instance in which it might apply does
not amount to a waiver of any of Blizhosting’s
rights. |
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| 15. Arbitration.
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ANY CONTROVERSY
OR CLAIM ARISING OUT OF OR RELATING TO THIS
CONTACT OR ANY BREACH THEREOF IN EXCESS OF
$250.00 SHALL BE SETTLED BY ARBITRATION IN
ACCORDANCE WITH THE COMMERCIAL ARBITRATION
RULES OF THE MALAYSIAN ARBITRATION ASSOCIATION,
AND JUDGMENT UPON THE AWARD RENDERED BY THE
ARBITRATOR MAY BE ENTERED IN ANY COURT OF
COMPETENT JURISDICTION. |
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| 16. Notices. |
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16.1. |
From Blizhosting to Customer. |
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Blizhosting will
notify you by e-mail of any notices that Blizhosting is required to provide to you under this
Agreement, at the most current e-mail address
you have provided to Blizhosting.
By entering this Agreement, you consent to
receive notices by e-mail. You are solely
responsible for ensuring that Blizhosting
has your most current e-mail address, and
Blizhosting shall not be responsible for
any lost, misdirected, bounced, forwarded,
or undeliverable e-mail that Blizhosting
sends to the most current e-mail address you
have provided to Blizhosting. |
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16.2. |
From Customer to Blizhosting. |
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Unless otherwise specified
in this Agreement, notices to Blizhosting
shall be sent to the following address:
Blizhosting
Attention: Legal Dept
55, Jalan Bunga Anggerek 2,
Dataran Ukay Ampang 68000
Malaysia |
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| 17. Governing Law. |
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This Agreement
shall be governed by and construed in accordance
with the laws of the Malaysia, without
regard to choice of law or conflicts of law
provisions that would cause the application
of the law of another jurisdiction. |
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| 18. Currency. |
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All monetary amounts
to which this Agreement refers shall be in
United States dollars. |
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| 19. Entire Agreement. |
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This Agreement,
including all of its component parts, comprises
the entire agreement between you (the Customer)
and Blizhosting, and supersedes any prior
or previous agreements between you and Blizhosting with respect to the subject matter of
this Agreement; provided, however, that you
agree that you shall be subject to any additional
terms and conditions of which Blizhosting
notifies you from time to time, pursuant to
this Agreement. |
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| 20. No Oral Modification
of this Agreement. |
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This Agreement
may not be modified orally. |
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| 21. Assignment. |
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21.1 |
Customer shall not assign or
attempt to assign its obligations under this
Agreement without Blizhosting’s prior
and express written consent to such assignment. |
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21.2. |
Blizhosting may assign any
or all of its rights and obligations under
this Agreement at any time without prior notice
to or consent of Customer. |
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| 22. Consent to
Jurisdiction; Venue. |
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Jurisdiction and
venue for arbitration or litigation of any
dispute, controversy, or claim arising out
of, in connection with, or in relation to
this Agreement, or the breach thereof shall
be proper only in a venue determined Blizhosting. |
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| 23. Choice of Law. |
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For all purposes,
this Agreement shall be deemed to have been
made within Malaysia. This Agreement shall be governed
by the laws of the Malaysia without
regard to Malaysia's choice of law and conflicts
of law rules, and Blizhosting and Customer
each submit to the exclusive jurisdiction
of the courts of Malaysia should any claim
or question arise under Federal law or federal
jurisdiction based upon diversity of citizenship. |
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| 24. Force Majeure. |
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Blizhosting shall
not be liable or deemed to be in default for
any delay or failure in performance under
this Agreement or interruption of service
resulting directly or indirectly from acts
of God, civil or military authority, acts
of public enemy, war, terrorism, riots, civil
disturbances, insurrections, accidents, fire,
explosions, earthquakes, floods, the elements,
strikes, labor disputes, shortages of suitable
parts, materials, labor or transportation,
magnetic interference, interruptions of electrical
power or other utility service, unavailability
of any telecommunications or wireless service
or connection to any telecommunications or
wireless service, or any cause beyond the
reasonable control of Blizhosting. |
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| 25. Severability
of Terms of this Agreement. |
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In the event that
any portion of this Agreement is held to be
unenforceable, the unenforceable portion shall
be construed in accordance with applicable
law as nearly as possible to reflect the original
intentions of the parties hereto, and the
remainder of the provisions shall remain in
full force and effect. |
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| 26. Limitation
of Actions Arising Under this Agreement. |
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Any cause of action
you may have with respect to Blizhosting’s
performance or alleged non-performance of
this Agreement must be commenced within one
(1) year after the claim or cause of action
arises or such claim or cause of action is
forever barred. |
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| 27. Denial of Service |
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Blizhosting reserves the right to refuse or discontinue service to anyone at our sole discretion. |
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