BlazingFast

Terms of Service

LAST UPDATED: January 24, 2021

PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY BEFORE USING THE SITE OR SIGNING UP FOR ANY SERVICE THAT BLAZINGFAST OFFERS.

1. INTRODUCTION

BlazingFast, LLC, its affiliates and their successors and assigns (collectively referred to as "BlazingFast") makes available the web hosting and related services described in BlazingFast's published service descriptions subject to these Terms of Service (the "TOS"). For the purposes of the TOS, the word "you" means the individual requesting one or more services provided by BlazingFast, and, if applicable, includes any other legal entity on behalf of which an individual makes such a request. Additionally, you agree not to make such a request on behalf of any other legal entity unless you have the authority to bind that legal entity to the TOS.

2. ACCEPTANCE OF TERMS

2.1 Capacity. You represent and warrant to BlazingFast that you have the capacity to enter into a legal agreement in the province, state,territory or country in which you reside. If you do not have the capacity to enter into a legal agreement in the province, state, territory or country in which you reside, do not request services from BlazingFast unless your parent or guardian enters into the TOS on your behalf.

2.2 PLEASE READ THE TOS CAREFULLY. BY CLICKING ON THE "I AGREE" BUTTON OR CHECK BOX ON THE ORDER FORM FOR ANY SERVICE PROVIDED BY BLAZINGFAST, YOU ARE AGREEING TO BE BOUND BY THE TOS AND ALL TERMS AND CONDITIONS INCORPORATED BY REFERENCE IN THE TOS. YOUR USE OF THE SERVICES FURTHER CONFIRMS YOUR ACCEPTANCE OF THESE TOS.

2.3 You represent and warrant to BlazingFast that your use of any service that it provides will not violate any applicable law or regulation in the province, state, territory or country in which you reside. If you are unable or unwilling to do so, do not request services from BlazingFast.

3. YOU

3.1 Services. The services that you request from BlazingFast by means of the online order form on the Site or otherwise in writing and which BlazingFast agrees to provide subject to these TOS are the "Services".

3.2 Your Information. You represent and warrant that any information you provide about yourself is true, and you will maintain and promptly update such information to keep it true and current.

3.3 Privacy. You have read BlazingFast's Privacy Policy and consent to the use of your personal information as described therein.

3.4 Communications. BlazingFast reserves the right to communicate with you regarding the Services and your use of the Site. You consent to BlazingFast's use of any contact information that you provide to BlazingFast in doing so.

3.5 Passwords. If you are given a username and/or a password for the purpose of accessing certain features of the Services or certain features of the Site, you are responsible for all activities conducted under that username or password, and you will take all necessary steps to ensure that no one other than you uses that username or password and that password is kept confidential. If you have any reasonto believe that any password assigned to you has become known to or been used by any other person, you will inform BlazingFast immediately.

3.6 Changing Passwords. BlazingFast may, at any time, change any username or password assigned by BlazingFast to you, and BlazingFast will notify you when it does so.

3.7 Insurance. You shall maintain, at your own cost, insurance against such risks and in such amounts that could reasonably be expected by persons acting prudently and engaged in similar activities as yourself.

4. DESCRIPTION OF SERVICES

4.1 General.

(a) Description. For each package of web hosting and related services that BlazingFast makes available to its customers, BlazingFast has prepared and published a specification (each a "Service Description"). The Service Descriptions are available on https://www.BlazingFast.io (the "Site").

(b) Changes to Services. BlazingFast may modify its services and the corresponding Service Descriptions from time to time. Please refer to the Site for the most current Service Descriptions. BlazingFast may also send an email notice of the change to its affected customers.

4.2 Hosting Services.

(a) Any Service identified as a "Hosting Services" in its Service Description is a Hosting Service.

(b) Hosting Environment. BlazingFast shall: (i) maintain and operate the hardware used to host your website(s) (including monitoring the servers used on 24/7 basis); and (ii) use commercially reasonable efforts to maintain reasonable temperature and humidity levels,re suppression controls, power conditioning equipment and uninterruptible power supplies for the proper ongoing operation of BlazingFast's hosting hardware.

(c) SSD storage. BlazingFast shall provide SSD storage for your website(s).

(d) Internet. BlazingFast shall provide an Internet connection linking your hosted website(s) to the Internet.

(e) Remote Access. You will be given remote access to upload files for your hosted website(s) provided that you do so in a manner consistent with the TOS.

(f) Routing. When BlazingFast hosts a website on your behalf, BlazingFast will route one or more domain names to that website. The exact number of domain names that BlazingFast will route on your behalf will depend on the Hosting Service to which you subscribe. Check the applicable Service Description for more information.

(g) Backup. You acknowledge that unless you subscribe to a Hosting Service that expressly includes the independent backup of Your Content (as defined below) as a service, BlazingFast's backup activities are primarily for BlazingFast's own disaster recovery purposes, and that YOU ARE RESPONSIBLE FOR THE STORAGE, BACKUP AND ARCHIVING OF YOUR CONTENT. Also note, Hosting Services include access to one or more tools via your Control Panel that allow you to backup Your Content. Please use these tools and backup Your Content frequently. BlazingFast Automated Website Backup is an optional service available for an additional fee or which may be included for no charge in some Hosting Services that will automatically backup Your Content on an ongoing basis for your convenience. Please note that this service is provided as-is and without warranty in respect to performance. If you are using this service it is still your responsibility to review your backups from time to time to ensure all of your data is backed up correctly and to notify us of any concerns you have.

(h) Maintenance Window. When reasonably possible, any maintenance of the hardware used to host your website(s) will be conducted during one of the following "Maintenance Windows": (i) between 12:00 a.m. and 3:00 a.m. (local time in Lisbon, Portugal). When choosing a Maintenance Window to use, BlazingFast takes into account where the customers who may be affected by the maintenance activities are located (based on the addresses given to BlazingFast by the customers) and what would be the early hours of the morning for most of them.

(i) Availability. A Hosting Service is "Available" if the: (a) the hardware being used to provide it is operating; and (b) the Internet connection provided as part of the Hosting Service is operational.

(j) Measure. BlazingFast will use reasonable efforts to ensure that the Hosting Services will be Available other than for "Scheduled Maintenance" at least 99.9% of the time, measured monthly. Any maintenance or other work performed on BlazingFast's technology infrastructure that takes place during the Maintenance Window or with at least 48 hours' prior notice posted to the Site is"Scheduled Maintenance".

(k) Cooperation. You acknowledge that it is important to coordinate your maintenance activities with those of BlazingFast, and you will not conduct any maintenance activities on Your Content during any Maintenance Window without first obtaining written conrmation that BlazingFast will not be performing any maintenance activities during that Maintenance Window.

4.3 Domain Names Registration Services.

(a) Assistance with Registering Only. BlazingFast may assist you to register one or more top-level or second-level domain names (the"Domain Name Registration Service"). For each such domain name registered BlazingFast's involvement ends with the registration.You will be the registrant, administrative contact and technical contact, and you agree to be bound by all applicable terms and conditions published by the applicable registrar (https://openprovider.com/terms-conditions/; https://www.namecheap.com/legal/ ). Please note: you are also bound by ICANN's rights and responsibilities: http://www.icann.org/en/resources/registrars/registrant-rights-responsibilities

(b) Maintenance of Domain Names. You are responsible for the ongoing maintenance, control and use of any domain name registered in your name and for any fees or taxes associated with its maintenance. To maintain your domain name registration you will need to interact directly with the applicable registrar. FOR GREATER CLARITY, YOU ARE RESPONSIBLE FOR: (i) RENEWING THE REGISTRATION AND ENSURING THAT IT DOES NOT LAPSE; AND (ii) ADDRESSING ANY ISSUES RELATING TO YOUR DOMAIN NAME. BlazingFast IS NOT RESPONSIBLE FOR DOING SO.

(c) Please note that: (i) BlazingFast is not able to guarantee that a proposed domain name is available for registration or that a registrar will register it; (ii) BlazingFast will not assist with the registration on your behalf of a proposed domain name in any top-level orsecond-level domain unless expressly directed by you to do so; and (iii) BlazingFast may but is not obligated to inform you of any proposed or new top-level or second-level domains.

(d) Privacy Registration Service. Some registrars allow domain names to be registered without publishing the registrant's name and contact information others do not. If you wish to take advantage of any such privacy service for a domain name and you are using the Domain Name Registration Service to register the domain name, you are responsible for informing BlazingFast in writing prior to the registration of the domain name that you wish to take advantage of the registrar's privacy service. You acknowledge that the privacy service is provided by the applicable registrar, not BlazingFast.

(e) As is. Assistance with registering domain names and securing related privacy services is provided "as is" and without any warranties, representations or conditions whatsoever.

4.4 Resale.

If you have received written permission from BlazingFast to resell all or part of the Services that you are receiving pursuant to this Agreement, you are responsible for providing support to your clients. If BlazingFast is contacted directly by any such client, BlazingFast may suspend all or part of the Services that it is providing to you. If BlazingFast does so, BlazingFast will give you notice of the suspension and the reason for the suspension. Once you have satisfied BlazingFast that you have taken reasonable steps to inform your clients that they are to contact you for support and to ensure that you are providing that support, BlazingFast will lift the suspension. There is no abatement of Fees during any such suspension. Furthermore, any acts and omissions of your clients that would be breaches of this Agreement had they been your acts or omissions are your responsibility and will be treated as if they are your acts and omissions.

4.5 Additional Services. Any additional services related to the Hosting Services or Domain Name Registration Services that are requested by you and that BlazingFast in its sole discretion provides ("Additional Services") are deemed to be Services provided pursuant to these TOS, and they will be provided at BlazingFast's then-current rates.

4.6 Support.

(a) FAQs. BlazingFast maintains a list of frequently asked questions and technical support articles relating to the Hosting Services on the Site.

(b) Technical Support. BlazingFast will provide technical support relating to the Hosting Services via its help desk. The help desk aims to provide technical support 24/7/365. The help desk can be reached by: (i) telephone; (ii) email; and/or (iii) chat. The email address and the telephone number that you should use are set out on the Site.

(c) Verifiable. BlazingFast will use commercially reasonable efforts to resolve each problem reported to BlazingFast's help desk and verifiable as being a problem or deficiency with the Hosting Services.

(d) Assistance. When you report a problem to BlazingFast's help desk, you will provide: (i) any assistance reasonably necessary to allow BlazingFast to verify and resolve that problem; and (ii) all information that you are reasonably able to provide with respect to any problem.

(e) Billing. Billing and account support is available via the web-based tool that BlazingFast provides to you to manage your account. The tool and the hours that apply to your jurisdiction are available on the Site.

5. CONTENT

5.1 Intellectual Property. No intellectual property rights are transferred by BlazingFast to you by these TOS.

5.2 Your Content. "Your Content" means all materials, information, data or code that you upload, store, transmit, receive or process in connection with the Services. You hereby grant to BlazingFast and its directors, officers, employees, agents, consultants or subcontractors the right to use, reproduce, transmit and delete (as applicable) Your Content in such manner as may be necessary to enable BlazingFast to perform the Services and otherwise exercise any right or perform any obligations under this Agreement.

5.3 Monitoring Your Content. Although BlazingFast is not obligated to monitor content and assumes no responsibility for Your Content or the content of its other customers, BlazingFast reserves the right, subject to all applicable laws, to investigate Your Content and may block access to, refuse to host, or remove any information or material that it deems to be in breach of section 6.1.

6. ACCEPTABLE USE

6.1 Unacceptable Use. Unacceptable use refers to any unlawful, illegal or inappropriate use as set out in this section 6. You may not use the Services or BlazingFast's technology infrastructure in any manner that constitutes an unacceptable use. Unlawful of illegal use is the creation, collection, transmission, storage or exchange of any material in violation of any applicable law or regulation. Inappropriate use includes any use or behaviour that may: (i) jeopardize BlazingFast's products, services, technology infrastructure or ability to operate; or(ii) expose BlazingFast to civil liability. Unlawful, illegal or inappropriate use includes use of the Services to:

(a) possess, store, view, download, transmit, distribute (by any peer-to-peer service or otherwise) or traffic any materials that:

(i) include child pornography;

(ii) infringe any person's copyright or other intellectual property right (including unlicensed or improperly licensed applications, music, games or other materials);

(iiii) promote or advocate human trafficking in any way as determined at our sole discretion;

(iv) promote gambling, casinos, sports betting, daily fantasy sports, lottery or chain letters regardless of content or origin and regardless of your citizenship or the legality of such activities within your country or jurisdiction;

(v) promote or sell illegal drugs or drug paraphernalia;

(vi) can be used for attacking computer systems, networks or internet users and defacing websites, including but not limited to IP scanners, brute force programs, spam scripts, executables, mail bombers or other tools or applications;

(vii) include any form of malware;

(viii) make threats to a person's safety or property;

(ix) interfere with the services that BlazingFast provides to its other customers;

(x) interfere with, disrupt or damage the servers used by BlazingFast to provide such services, those of BlazingFast's suppliers or those of BlazingFast's other customers;

(xi) wilfully bypass or subvert the physical, logical or procedural safeguards such as firewalls, web-filtering software or other access controls used by anyone to gain unauthorized access to anyone's technology infrastructure or distributing computer programs designed to assist in doing so;

(xii) operate file dumps / mirror scripts (similar to rapidshare), anonymous or bulk SMS Gateways or fraudulent sites including but not limited to sites listed at aa419.org and escrow-fraud.com;

(xiii) broadcast or stream live sporting events including but not limited to UFC, NASCAR, FIFA, NFL, NHL, MLB, WWE or television;

(xiv) operate cryptocurrency / bitcoin miners;

(xv) undertake any act in violation of any applicable local, provincial, state, national or international law or regulation including any laws relating to:

(xvi) the export of data or software;

(xvii) the protection of human rights;

(xviii) the promotion of hatred;

(xix) defamation;

(xx) criminal offences;

(xxi) the protection of intellectual property; or

(xxii) including the sending of commercial electronic messages without consent from the recipients.

(xxiii) Unacceptable uses of the Services or BlazingFast's technology infrastructure may also include but are not limited to hosting materials or performing activities such as: unsolicited mailings, newsgroup spamming, hosting top sites for the purpose of distributing, storing or archiving warez releases, copyrighted MP3, illegal content, copyright infringement, trademark infringement, cracks, software serial numbers, and running of any scripts, executables, or other programs or processes that can in any way adversely affect the performance of BlazingFast's technology infrastructure. BlazingFast will be the sole and final arbiter as to what constitutes a violation of this policy.

(xxiv) Stresser or booter webpages or any related DDoS webpages.

6.2 Disruptive Uses. You may not use the Services or BlazingFast's technology infrastructure in any manner that interferes with or disrupts BlazingFast's other customers. When any of the following events occurs in relation to any hosted website, it is a disruptive use, a breach of these TOS and BlazingFast may exercise its rights under section 6.6 including to suspending Services:

(a) generating a daily, weekly or monthly volume of network traffic that is excessive in relation to amount of network traffic typically generated by BlazingFast's other clients who have purchased similar hosting services;

(b) generating spikes in network traffic usage that are out of proportion (in volume or frequency) to those typically generated by BlazingFast's other clients who have purchased similar hosting services;

(c) on a daily, weekly or monthly basis, consuming CPU or other processing resources in a manner that is excessive in relation to amount of network traffic typically generated by BlazingFast's other clients who have purchased similar hosting services;

(d) No "Spam": UCE/UBE or "spam" originating from a server located on our network or associated with a BlazingFast server is not tolerated. This includes any email that promotes websites hosted on a server located on the BlazingFast network, but which is sent from an email address not associated with a BlazingFast account.

6.3 Music, Image and Video Files. Responding to and addressing copyright complaints is a time consuming process. From time to time, BlazingFast scans its servers looking for MP3, MP4 and other file formats commonly used for music, images or video. If such files are detected amongst Your Content, BlazingFast may ask you to demonstrate that they are: (i) owned or properly licensed by you; and (ii) if licensed, not being used in a manner that is inconsistent with that license. If you fail to do so for any file or, in the alternative, remove the file from BlazingFast's servers, it is a breach of this section 6.3 and BlazingFast may exercise its rights under these TOS including section 6.6and section 5.3

6.4 Reporting. If you become aware that any person has committed, is likely to have committed or is likely to commit any act described in section 6.1, you will promptly report it to the help desk from which you receive technical support.

6.5 Investigation. BlazingFast reserves the right to investigate suspected breaches of this section 6, and you agree to cooperate with BlazingFast when asked to assist in any such investigation.

6.6 Breaches. If you breach this section 6, it is probable (in BlazingFast's sole discretion) that you have breached or it is likely that you will breach this section 6 (also in BlazingFast's sole discretion), BlazingFast in its sole discretion may suspend or revoke your access to the Services or BlazingFast's technology infrastructure. Breaches of this section 6 may also result in you incurring criminal prosecution or civil liability.

6.7 Others Breaches. BlazingFast assumes no liability for enforcing or not enforcing the provisions in its other service agreements relating to acceptable use.

7. IP ADDRESSES

7.1 BlazingFast may assign one or more Internet Protocol addresses to you for use with the Services. You acknowledge that you have no right, title or interest in or to any IP addresses assigned to you by BlazingFast or its representatives in connection any Services. BlazingFast or its suppliers may change any such address at any time, but BlazingFast will use reasonable efforts to give you notice of any change if the affected IP address is a fixed IP address.

8. PAYMENT

8.1 Fees. The fixed fees and/or rates applicable to any Service are set out in the online order form for the Service (the "Fees"). They may include one-time fees (these are typically for setting up the service) and recurring fees. PLEASE NOTE THAT THE ONLINE ORDER FORM MAY ALSO SET OUT A RATE INCREASE THAT WILL BECOME EFFECTIVE UPON THE EXPIRATION OF A PROMOTIONAL RATE. SUCH AN INCREASE WILL HAPPEN WITHOUT FURTHER NOTICE TO YOU. Otherwise, BlazingFast will give you at least 30 days prior written notice of any increase to the Fees.

8.2 Promotions. From time to time, BlazingFast may offer its services to new or existing clients at discounted or promotional rates. You acknowledge that any such promotion is only applicable to one of your Services if the promotion or discount is clearly set out as applicable on the online order form used that you used to order the Service.

8.3 Expenses. Unless expressly set out otherwise in an applicable Service Description, you will reimburse BlazingFast for all registrar's fees or other related expenses incurred by BlazingFast in relation to any third-party service described in section 4.3.

8.4 Taxes. You will pay any present or future sales, goods and services, excise, value-added, or other similar taxes including any related interest or penalties (imposed at any time by any governmental authority) arising from or related to any Services other than taxes based on BlazingFast's net income.

8.5 Payment of Fees. BlazingFast accepts payment by credit card (Visa, MasterCard or American Express), Crypto Currency, and PayPal. Available payment types may vary from region to region. Information on the payment types accepted in your jurisdiction is available on the Site.

8.6 In Advance. Payment for Hosting Services is in advance. When you order a Hosting Service, you are required to pay the full amount of Fees for the initial term and applicable taxes. When a Hosting Service renews, you are required to pay the full amount of Fees for the renewal term and applicable taxes. A Hosting Service renews when it has not been terminated by you prior to the last date of the initial term or any renewal term for which you have paid.

8.7 Additional Services. Fees for Additional Services, applicable taxes and reimbursable expenses are due at the end of the month in which they are incurred.

8.8 Automatic Charging. When BlazingFast is entitled in accordance with this Agreement to any Fees, applicable taxes or expenses, such amounts will be automatically charged to the credit card, Alipay, or PayPal account that BlazingFast has on file for you and you authorize BlazingFast to do this. BlazingFast will send an invoice for these amounts to the email address that it has on file for you before doing so.

8.9 Chargebacks. Please note that should any amount that you pay by credit card, Bank Transfer, or PayPal be charged back to BlazingFast, you will incur an additional Fee of 25.00€. The payment will not have been received by the due date, and:(a) BlazingFast may restrict, suspend or terminate the affected Services; and (b) the overdue payment shall bear interest at the rate of one percent (1%) per month (an effective annual rate of 12.68%) or the maximum rate permitted by law, whichever is less. Further, BlazingFast shall be entitled to recover its collection costs, including legal fees and expenses.

8.10 7 Day Guarantee of Hosting Services.

(a) If at any time during the 7 day period beginning on the date that you purchase Hosting Services for the first of your websites to be hosted by BlazingFast you are not satisfied with the Hosting Services that you are receiving, you may terminate this Agreement by using the web-based tool that BlazingFast provides to you to manage your account to terminate the Hosting Service. If you do so, you will receive a refund. PLEASE SEE OUR CANCELLATION AND REFUND POLICY FOR REFUND RULES PERTAINING TO HOSTING SERVICES AND OTHER SERVICES.

9. TERM

9.1 Term. This Agreement shall be effective as of the date on which you order your first Service and shall continue until terminated inaccordance with the terms and conditions set out in section 10 of this Agreement (the "Term").

10. SUSPENSION AND TERMINATION

10.1 Suspension. If you breach of these TOS, BlazingFast may, in its sole discretion, restrict or suspend the Services, without prior notice to you and without an opportunity to cure the breach. If you are given an opportunity to and you cure the breach or you demonstrate to BlazingFast satisfaction that you have taken steps to prevent future breaches of the TOS, BlazingFast will lift the restriction or suspension. BlazingFast will give you notice of any suspension or restriction. Whether or not a restriction affects your access to Your Content is inBlazingFast's sole discretion. PLEASE NOTE THAT FEES WILL BE CHARGED DURING THE PERIOD OF ANY SUSPENSION OR RESTRICTION OF SERVICES.

10.2 By You. You may terminate any Service at any time by using the web-based tool that BlazingFast provides to you to manage your account to terminate the Service. PLEASE NOTE: Subject to section 8.10, any amounts paid in advance for Services will not be refunded.

10.3 By BlazingFast. BlazingFast may terminate any Service by giving you at least 24 hours written notice of the termination date. BlazingFast may terminate this Agreement immediately and without prior notice to you:(a) if you breach section 6 (Acceptable Use);(b) if you breach section 8 (Payment) and do not cure that breach within 3 days of the breach; or(c) if you breach any other section of these TOS and do not cure that breach within 2 days.

10.4 Survival. Those sections of this Agreement which by their nature should survive the termination or expiration of this Agreement, including but not limited to 3.4, 4.2(g), 4.2(l), 4.3(b), 4.3(c), 5, 7, 8, 10.4, 11, 12, 13, 14, 16 and 17 will remain in full force and effect following the expiration or termination of this Agreement.

10.5 Renewals. Services purchased for a set period (for example, three years) will be automatically renewed upon the expiry of that period unless you give BlazingFast written notice of your intention to terminate them at least 15 days prior to the expiry of that period. They will be renewed at BlazingFast's then current rates for such Services.

11. WARRANTIES AND DISCLAIMERS

11.1 THE INTERNET IS A COMPLEX NETWORK OF EQUIPMENT, SERVICES, AND PROVIDERS OF INFORMATION, THUS THE SERVICE MAY NOT BE AVAILABLE TO YOU AT ALL TIMES. YOU ACKNOWLEDGE THAT THE HOSTING SERVICES AND OTHER SERVICES MAYNOT ALWAYS BE AVAILABLE, AND WITH THE EXCEPTION OF ANY EXPRESS WARRANTIES CONTAINED IN THIS AGREEMENT, BLAZINGFAST EXPRESSLY DISCLAIMS ANY OTHER REPRESENTATIONS, WARRANTIES, OR CONDITIONS WITH RESPECT TO THE HOSTING SERVICES OR OTHERWISE ARISING FROM THIS AGREEMENT WHETHER EXPRESS OR IMPLIED, PAST OR PRESENT, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY THAT THE HOSTING SERVICES WILL BE UNINTERRUPTED OR ERROR FREE.

12. LIMITATIONS OF LIABILITY

12.1 Limit. IN NO EVENT SHALL THE TOTAL CUMULATIVE LIABILITY OF BlazingFast (INCLUDING ITS REPRESENTATIVES AND SUPPLIERS) TO YOU, THE CLIENT, FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT, EXCEED THE AMOUNT PAID BY YOU, THE CLIENT, DURING THE 12 MONTH PERIOD PRECEDING THE DATE ON WHICH YOU, THE CLIENT, MAKE YOUR FIRST CLAIM FOR DAMAGES.

12.2 Indirect Damages. BlazingFast (INCLUDING ITS REPRESENTATIVES AND SUPPLIERS) SHALL NOT BE LIABLE TO YOU, THE CLIENT, OR YOUR END USERS IN ANY WAY WHATSOEVER, FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF DATA, REVENUE OR PROFIT RESULTING FROM OR ARISING IN CONNECTION WITH THIS AGREEMENT OR THE PROVISION OR USE OF THE HOSTING SERVICES. THIS LIMITATION SHALL APPLY WHETHER OR NOT SUCH DAMAGES ARE FORESEEABLE, OR WHETHER BlazingFast HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12.3 Some jurisdictions do not allow the exclusion of incidental, special or consequential damages. If any jurisdiction having applicability to the TOS does not permit any such exclusion or limitation, BlazingFast's total liability to you in connection with any incidental, special or consequential damages will be limited by section 12.1.

12.4 Allocation of Risk. You (the Client) and BlazingFast understand and agree that, to the extent permitted by applicable law, the foregoing exclusions and limitations of liability represent the parties' agreement as to allocation of risk between them in connection with their respective obligations under this Agreement. The fees payable to BlazingFast re ect, and are set in reliance upon, this allocation of risk and the exclusions and limitations of liability set forth in this Agreement.

13. INDEMNIFICATION

13.1 You agree to indemnify and hold BlazingFast and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to Your Content, your use of the Services or any wilful misconduct on your part.

14. AGREEMENT

14.1 Entire Agreement. These TOS and all documents incorporated herein by reference constitute the complete agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous discussions, negotiations, understandings and agreements, written or oral, regarding such subject matter.

14.2 Sever ability. Should any provision of this Agreement be held to be invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the extent permissible, and all other provisions will remain in effect and are enforceable by the parties.

14.3 Waiver. No waiver of any part of this Agreement will be deemed to be a waiver of any other provision. No term of this Agreement will be deemed to be waived by reason of any previous failure to enforce it. No term of this Agreement may be waived except in a writing signed.

14.4 Interpretation. The headings used in the Terms are for convenience of reference only. No provision of the Terms will be interpreted against any party merely because that party or its legal representative drafted the provision. All remedies are cumulative. Throughout the TOS, the term "including" or the phrases "e.g.," or "for example" have been used to mean "including, without limitation".

15. ASSIGNMENT

15.1 TOS. You may not assign the agreement represented by these TOS, either in whole or in part, without the prior written consent of BlazingFast. Any other attempted transfer or assignment of rights hereunder shall be null and void.

15.2 Domain Names. These TOS do not restrict your ability to transfer any domain for which you are the registrant. If BlazingFast is the registrar for the domain name, please request our "domain name transfer instructions" by sending an email to support@blazingfast.io . We will send you the specific details and information about transfer of ownership.

15.3 BlazingFast. BlazingFast may assign its rights and obligations hereunder without your prior consent.

16. NOTICE

16.1 Notice. Any notice or other significant communication given to you pursuant to the Terms will be in writing, addressed to any email address or address that you provided to BlazingFast when acquiring your first Service (as updated by you in accordance with section 3.2)and sent to you by email or by nationally recognized overnight courier as applicable. Any notice or other significant communication given to BlazingFast pursuant to the TOS will be in writing and sent to BlazingFast at the address then listed on the Site in the Contact Us section by fax or nationally recognized courier. Notices will be deemed to have been received one business days following: (i) email transmission by BlazingFast to you; (ii) deposit with a globally recognized overnight delivery service, all delivery charges pre-paid; or (iii) transmission if sent by facsimile and receipt confirmed by the facsimile machine used.

17. OTHER

17.1 Governing Law. This Agreement will be governed by the laws of the European Union and the laws applicable there, without reference to the conflict of laws provisions. The parties consent to the jurisdiction of the European Court of Justice (ECJ).

17.2 Independent Contractors. The relationship between the parties is that of independent contractors, and not that of partnership, joint venture, employment, franchise or agency. Neither party may incur any obligations on the other's behalf without the other's prior written consent, except as otherwise expressly provided herein.

17.3 Force Majeure. Neither party will be liable for any failure or delay in its performance under this Agreement due to any cause beyond its reasonable control that could not have been avoided by the exercise of reasonable foresight provided that such party gives the other party prompt notice of such cause and uses reasonable commercial efforts to correct such failure or delay in performance.

18. AMENDMENT

18.1 BlazingFast may change the TOS from time to time and at any time. When BlazingFast changes the TOS, BlazingFast will: (i) post the updated version of the TOS on the Site together with the date on which it was revised; and (ii) on home page for the Site for at least 30 days following any change to the TOS post a notice that the TOS have been updated.

18.2 As well, BlazingFast may, but is not obliged to, ask you to actively confirm your consent to the revised TOS. If BlazingFast does not do so, but you continue to use the Services or Site after the changes come into effect, you will be deemed to have agreed to abide by the revised TOS. If you do not agree with the revised TOS without qualification, terminate any existing Services that you are receiving from BlazingFast and instruct BlazingFast to disable any password for the Site assigned to you.

18.3 BlazingFast reserves the right, in its sole discretion, to change or modify the Site from time to time including but not limited adding or removing functionality or features or changing its name.

Terms of Service - Satellite

LAST UPDATED: January 24, 2021

PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY BEFORE USING THE SITE OR SIGNING UP FOR ANY SERVICE THAT BLAZINGFAST OFFERS.

1. INTRODUCTION

2. ACCEPTANCE OF TERMS

3. YOU

3.2 Your Information. You represent and warrant that any information you provide about yourself is true, and you will maintain and promptly update such information to keep it true and current.

3.3 Privacy. You have read BlazingFast's Privacy Policy and consent to the use of your personal information as described therein.

3.6 Changing Passwords. BlazingFast may, at any time, change any username or password assigned by BlazingFast to you, and BlazingFast will notify you when it does so.

4. DESCRIPTION OF SERVICES

4.1 General.

5. SATELLITE DOWNLINK COMPONENT

5.1 BlazingFast is the infrastructure provider, which has its own facilities with installed capacity for satellite downlink

5.2 The customer understands that BlazingFast does it’s best effort to maintain the infrastructure at the best possible condition.

5.3 The signal is provided at appropriate levels for a stable reception and locking to the desired transponder set

5.4 BlazingFast is unable to assume responsibility in the following events:

5.5 Complete or intermittent signal fading caused by weather events that compromise the signal integrity

5.6 Transponder failure at the operator level

5.7 Changes in the structure of the transponders

6. TRANSPORT STREAM CAPTURE AND PROCESSING EQUIPEMENTS

6.1 For the type of service in which the service provided consists of a server (computer) with specialized equipment for tuning satellite transmissions:

7. IP CONNECTIVITY

7.1 For the dedicated bandwidth services, BlazingFast provides IP connectivity to the customer’s rented equipment and guarantees a congestion-free environment to exchange data at the contracted port speed at 100% of the time.

7.1 BlazingFast is not responsible for congestion, packet loss, jitter outside it’s own network.

8. Third Party Software Licensing

8.1 BlazingFast may, at its discretion, offer sale of third party software licensing to its customers. By purchasing this licensing, you acknowledge that you have read and agree to the licensing's terms and conditions as outlined by the licensing provider (including agreements or terms set forth exclusively by the licensing provider) and hold harmless BlazingFast from any and all liability of the use, installation, or other actions of said software or licensing. Should your license become invalid due to cancellation, suspension, or misuse, the licensing provider may assess additional fines or fees to reactivate or reissue the license. VPSCheap reserves the exclusive right to pass these fees on to you and bill the account on file if such a fee or fine occurs and such items will be required to be paid in full before your licensing will be reactivated. BlazingFast is no way liable for the action of third party licensing providers nor is it under any obligation to provide support for the licensing once it has been verified active. By cancelling a software license purchased from BlazingFast you understand that the cancellation may become effective immediately and that you will no longer have access or rights to the software once the cancellation request has been received, nor will the licensing costs be prorated.

9. FAILURE HANDLING

9.1 BlazingFast does monitor the traffic volume at each moment, inside it’s own network, and is able to detect failures involving a large number of customers. However, BlazingFast does not monitor the individual configurations and how the customer sets up its own services and does not participate in that process.

9.2 A failure in a service should be handled by the customer in the following manner:

9.3 Ticket opening with the detailed description of the failure, indicating the IP address, satellite position and selected transponders, if not a general blackout.

10. AMENDMENT

10.1 BlazingFast may change the TOS from time to time and at any time. When BlazingFast changes the TOS, BlazingFast will: (i) post the updated version of the TOS on the Site together with the date on which it was revised; and (ii) on home page for the Site for at least 30 days following any change to the TOS post a notice that the TOS have been updated.

10.2 As well, BlazingFast may, but is not obliged to, ask you to actively confirm your consent to the revised TOS. If BlazingFast does not do so, but you continue to use the Services or Site after the changes come into effect, you will be deemed to have agreed to abide by the revised TOS. If you do not agree with the revised TOS without qualification, terminate any existing Services that you are receiving from BlazingFast and instruct BlazingFast to disable any password for the Site assigned to you.

10.3 BlazingFast reserves the right, in its sole discretion, to change or modify the Site from time to time including but not limited adding or removing functionality or features or changing its name.

Acceptable Usage Policy

This Acceptable Use Policy document, including the following list of Prohibited Activities, is an integral part of your Hosting Agreement with BlazingFast. If you engage in any of the activities prohibited by this AUP document BlazingFast may suspend or terminate your account.

BlazingFast's Acceptable Use Policy (the "Policy") for BlazingFast Services is designed to help protect BlazingFast, BlazingFast's customers and the Internet community in general from irresponsible or, in some cases, illegal activities. The Policy is a non-exclusive list of the actions prohibited by BlazingFast. BlazingFast reserves the right to modify the Policy at any time, effective upon posting at https://blazingfast.io/legal

Prohibited Uses of BlazingFast Systems and Services:

1. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.

2. Sending Unsolicited Bulk Email ("UBE", "spam"). The sending of any form of Unsolicited Bulk Email through BlazingFast's servers is prohibited. Likewise, the sending of UBE from another service provider advertizing a web site, email address or utilizing any resource hosted on BlazingFast's servers, is prohibited. BlazingFast accounts or services may not be used to solicit customers from, or collect replies to, messages sent from another Internet Service Provider where those messages violate this Policy or that of the other provider.

3. Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by BlazingFast customers must be Closed-loop ("Confirmed Opt-in"). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing lists of email addresses from 3rd parties for mailing to from any BlazingFast-hosted domain, or referencing any BlazingFast account, is prohibited.

4. Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, denial of service attacks.

5. Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org/rokso.

6. Unauthorized attempts by a user to gain access to any account or computer resource not belonging to that user (e.g., "cracking").

7. Obtaining or attempting to obtain service by any means or device with intent to avoid payment.

8. Unauthorized access, alteration, destruction, or any attempt thereof, of any information of any BlazingFast customers or end-users by any means or device.

9. Knowingly engage in any activities designed to harass, or that will cause a denial-of-service (e.g., synchronized number sequence attacks) to any other user whether on the BlazingFast network or on another provider's network.

10. Using BlazingFast's Services to interfere with the use of the BlazingFast network by other customers or authorized users.

Customer Responsibility for Customer's Users

Each BlazingFast customer is responsible for the activities of its users and, by accepting service from BlazingFast, is agreeing to ensure that its customers/representatives or end-users abide by this Policy. Complaints about customers/representatives or end-users of an BlazingFast customer will be forwarded to the BlazingFast customer's postmaster for action. If violations of the BlazingFast Acceptable Use Policy occur, BlazingFast reserves the right to terminate services with or take action to stop the offending customer from violating BlazingFast's AUP as BlazingFast deems appropriate, without notice.

Privacy Policy

Refund and Cancellation Policy

LAST UPDATED: January 24, 2021

You may cancel your services with us at any time by following the Cancellation Process listed below. Products purchased from BlazingFast, LLC. may be refunded only if cancelled within the timeframe listed under Standard Refund Terms unless noted otherwise herein. All refunds are subject to conditions as set forth below in the Money-Back Guarantee Period.

Standard Refund Terms

If you cancel Products/Services that are eligible for a refund under our Standard Refund Terms you will receive a full refund for your service with us, under the following conditions.

Billing Frequency

• 1 year or more - Within 7 days of the date of the transaction.

• Less than 1 year - Within 7 days of the date of the transaction.

Date of the transaction

The date of the transaction is the date a product or service is purchased, or the date any renewal is processed by BlazingFast, LLC. in accordance with the terms and conditions of the applicable product or service agreement.

You may cancel a product at any time, but a refund will only be issued in accordance with these terms.

Products/Services Eligible for a Refund under Standard Refund Terms

• Shared Web Hosting;

• VPS Hosting.

Products/Services NOT eligible For Refunds

• Domain Name Registrations;

• Domain Name Renewals;

• Domain Name Transfer fees (if applicable);

• Domain Name Transfer services (if successful);

• Migration Services;

• Premium Domain Names;

• Professional Services Fees;

• DDoS Tunnel;

• Licenses;

• Proxy;

• Dedicated Servers;

• Website Security;

• SSL;

• Website Transfers.

Payment Gateway's NOT eligible For Refunds

• Cryptocurrency

• Paysafecard

ALL REFUNDS WILL BE CALCULATED BY SUBTRACTING THE AMOUNTS NOT ELIGIBLE FOR A REFUND ABOVE FROM ANY FEES PAID BY YOU.

SPECIAL NOTE: All domain registrations and renewals are final and cannot be reversed or changed once completed; please check your domain registration for any errors (typo or incorrect TLD) and also check the registration or renewal length prior to submitting your order.

Money-Back Guarantee Period for Hosting Services

If you are not satisfied at any time during the seven (7) days following your first purchase of Hosting Services you may cancel your Services by using the cancellation form in your BlazingFast dashboard. You will receive a refund within ninety (90) days of the service cancellation.

You will receive a full refund of all Shared Web Hosting, VPS Hosting fees paid by you to BlazingFast for the initial term. Money-Back Guarantee refunds shall be due to you only upon your compliance with, and subject in all respects to, our terms and conditions. Requests for these refunds must be made in writing to the BlazingFast Support Team through your BlazingFast dashboard. Money-Back Guarantee Refunds will not accrue and shall not be paid under any circumstances if you do not provide the applicable refund request within this money-back period.

Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, canceled and signed up again, or if you have opened a second account with us, you will not be eligible for a refund.

Renewals of Services

IN ORDER TO ENSURE THAT YOU DO NOT EXPERIENCE INTERRUPTION OR LOSS OF SERVICES, ALL SERVICES AUTOMATICALLY RENEW. We will notify you of your upcoming renewals at least 15 days in advance and unless you submit a cancellation request using the cancellation form in your HostPapa dashboard the services will be renewed at BlazingFast’s then current rates using the payment method you have provided to us. IF YOU DO NOT WISH FOR ANY SERVICE TO AUTOMATICALLY RENEW, YOU MAY ELECT TO CANCEL THE SERVICE EITHER IMMEDIATELY OR UPON EXPIRATION OF THE THEN CURRENT TERM.

Cancellation Process

You may terminate a Service at any time by using the web-based cancellation form in the My Services section of your BlazingFast dashboard OR by submitting a ticket or an email to our billing department from an email address of record on your account with the specific rights and privileges to terminate your Services.

You must clearly state the following information:

1. the specific Service you intend to cancel;

2. your intention to cancel the Service immediately or at the end of your term; and

3. any other instructions required by our billing department.

In addition, your REQUEST MUST BE CONFIRMED BY OUR BILLING DEPARTMENT BEFORE YOUR SERVICES ARE ACTUALLY CANCELLED. We will review your request within 3-5 business days and send you an email to notify you that the cancellation has been processed or to request further information.

We require all cancellations to be submitted in accordance with this process in order to:

1. confirm your identity;

2. confirm in writing that you are prepared for all of your files and emails to be removed from our servers if applicable to the Service you are cancelling; and

3. document the cancellation request.

This process aims to reduce the likelihood of mistakes, fraudulent/malicious requests, and to ensure that you are aware that your files, emails, and account may be removed immediately and permanently after a cancellation request is processed.

For additional support or questions regarding your cancellation, you can contact us by telephone or submit a support ticket through your BlazingFast dashboard marked “Attention Billing Department”.