General Terms of Service
These Terms of Service ("TOS") govern your use of the https://black.host website (the "Site", “website” ) and the Black.HOST’s ( our ) related services ( the "Services" ), which are owned and operated by Black.HOST ( "BlackHOST", "we" or "us" ). Please read these Terms carefully before you access the Site or start using our Services, as these TOS form a binding legal agreement between you (the "Client", "Visitor") and Black.HOST.
While we facilitate your business on the Internet, we are an independent contractor. We only have control of the products and services we provide directly, and are not liable for our Client actions, the actions of our third party service providers, or the actions of individuals who use your products and services (End Users).
ALL CLIENTS ARE OBLIGATED TO READ, AGREE TO, AND KEEP UP-TO-DATE ON EACH OF OUR POLICIES. BY OBTAINING AND CONTINUING TO USE OUR SERVICES / SITE, YOU ARE AGREEING TO ALL OF OUR POLICIES ENTITLED TO YOUR SERVICE.
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- 1.1 These terms are applicable to all offers, agreements and obligations arising in respect of service delivery, user rights and / or products by Black.HOST, to or for the benefit of Client.
- 1.2 In case of specific provisions in the Agreement are inconsistent with these Terms and Conditions the provisions of the Agreement will prevail.
- 1.3 Deviations from these Terms and Conditions are only valid if and insofar as expressly agreed in writing. Deviations only relate to the convention, which are made.
- 1.4 General purchase conditions or other general conditions of the Customer do not apply to the legal relationship between Client and Black.HOST and are hereby expressly rejected.
- 1.5 This TOS, may be modified from time-to-time at our sole discretion and at any time without prior notice to the Client. The Client agree to be bound by these modifications. The most recent version of this TOS can always be found here.
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2.1 Use of the Services is also governed by the following policies, which are incorporated by reference. By using the Services, you also agree to the terms of the following policies:
- 2.2 Additional agreements may also apply to certain Services, referred below as Service Level Agreement ( SLA ), and are incorporated by reference herein as applicable. For example, if you purchase dedicate server, then the Dedicated Servers SLA will also apply to you and would be incorporated herein.
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Under the following specified terms with an initial capital, it will be defined as follows:
- Client / User / End User: Person, customer, employee, or agent on behalf of Client who has an authorization for usage of the Black.HOST Services.
- Service / Product: product or virtual service that is operated from Black.HOST and sold / rented to / from the Client
- Uptime: time during which a machine, especially a computer, is in operation.
- Backup: a copy of a file or other item of data made in case the original is lost or damaged.
- Equipment: The equipment / hardware for Client and/or Black.HOST, including the system software.
- Software: part of a computer system that consists of encoded information or computer instructions, in contrast to the physical hardware from which the system is built.
- IP Address: a unique string of numbers separated by full stops that identifies each computer using the Internet Protocol to communicate over a network.
- Shared Hosting: is Web hosting in which the service provider serves pages for multiple Web sites, each having its own Internet domain name, from a single Web server. Most Web hosting companies provide shared hosting.
- VPS Hosting: a virtual private server (VPS) is a virtual machine sold as a service by an Internet hosting service. A VPS runs its own copy of an operating system, and customers have superuser-level access to that operating system instance, so they can install almost any software that runs on that OS.
- Dedicated Servers: a dedicated server is a single computer in a network reserved for serving the needs of the network.
- Technical Support: a service provided by a hardware or software company which provides registered users with help and advice about their products.
- Transfer / Site Migration: moving website from one web hosting provider to another.
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- 4.1 All clients of Black.HOST also warrant that they are at least 18 years of age, and that they have the right and authority to bind themselves, or the company that they represent, to the terms of this TOS.
- 4.2 If you are under eighteen (18) years of age and between thirteen (13) and seventeen (17) years of age, then you must find a legal parent or guardian to purchase and activate this service for you. If you are unable to find a legal parent or guardian to purchase and activate this service for you or if you are under thirteen (13) years of age, you are not permitted to use this website or its services.
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- 5.1 All clients are required to provide us with accurate information when setting up their account, during the course of our relationship, and when corresponding with us. On occasion, we may need to communicate with the clients by e-mail about the Services. All clients agree to maintain a working email address that is monitored daily. We have no responsibility, or liability, for interruptions in the Services, or damages of any sort, based on communications that are misdirected as a result of Client failure to provide us with updated contact information.
- 5.2 Black.HOST remains the right to ask for additional private information from the clients if they are required for the creation, content arrangement or modification of the contractual relationship, or some service that require this kind of additional data, eg. domain registration.
- 5.3 All client personal information collected from Black.HOST is used and protected in accordance with our Privacy Policy and Federal Data Protection Act (BDSG)
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- 6.1 All Services are covered by our general Accepted Usage Policy ( AUP ) which can be found here, if not specifically stated for some particular Service in that Service description or through our Site which is referred as Specific Usage Policy ( SUP )
- 6.2 The Client agrees that he will follow and comply to the rules of allowed activities for the Service provide from our side
- 6.3 The client acknowledges that taking any illegal or suspicious activity specified in AUP or SUP is breach in the AUP or the SUP
- 6.4 The Client acknowledges that any breach in AUP or SUP will result with immediate temporary suspension of the same Service, until our abuse team decide how to proceed with it.
- 6.5 The Client acknowledges that all intentionally illegal activities will result with permanent termination of his Service
- 6.6 The client agrees that Black.HOST remains the right to suspend, stop, terminate the Client Service without any prior notice or explanation to the Client
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- 7.1 The Client agrees to the General Copyright Policy which can be found here
- 7.2 If not specified all Services provided from Black.HOST are covered by our General Copyright Policy terms.
- 7.3 The Client is aware that additional SLA may overrule the General Copyright Policy terms.
- 7.4 The Client agrees that no matter of SLA he is solely responsible for any physical, financial or any other kind of damage caused to third party by some copyright on intellectual property infringement.
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- 8.1 Submit periodic payment per month has to be paid in advance by the Client.
- 8.2 The services agreed regular amount must be paid without any discount or setoff within fourteen (14) days after the invoice date.
- 8.3 Invoicing and payments are made in some of the currencies listed on the Site chosen from the Client.
- 8.4 Black.HOST will send invoices in singular to the Client by e-mail and / or available within the customer panel set, indicating the posts to which the invoice relates and the period in which the services and / or additional work were granted.
- 8.5 If the Client is disregarding the invoice after several reminders without good reason after the expiration of the invoice deadline, the Client shall automatically be charged for interest payment, calculated 10% of the value of the invoice.
- 8.6 Customer promised that payments made by him / her in the past by credit card, PayPal or other online payment services he / she will never deny, refund, cancel or made undone in any other way.
- 8.7 Client should always check payments for accuracy and any errors and report any inaccuracy within 30 days of the invoice to Black.HOST. Any (periodic) payments which are overpaid by the Client (any difference) will be refunded/credited to the Client up to a period of six months. If the client submits his request for credit to invoices later than 30 days to BlackHOST, then BlackHOST will not make up a credit bill for the Client and / or perform refund.
- 8.8 Black.HOST is entitled to monthly review the monthly price of the services and adapt in accordance with any inflation / deflation on the global market.
- 8.9 The Client understands that from the beginning till the end of this agreement, Black.HOST will have extra external costs (like buy raw materials elsewhere) for providing the Service(s) to Client. Therefore the purchased service(s) will always be invoiced to the Client from the start date of the agreement no matter if the service is used by the Client or not. This will avoid future discussions between Black.HOST and the Client about if the service was not used by the Client and if he does have to pay for the time the Service was not used.
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- 9.1 The Client agrees that all payments made to Black.HOST from the Client or on the Client's behalf by default are nonrefundable.
- 9.2 The Client agrees that refund can be issued only by approval from Black.HOST stuff.
- 9.3 The Client agrees that Black.HOST deserves the right to choose in which situations can issue full or partial refunds.
- 9.4 The client agrees and accepts the General Refund Policy ( GRP ) which can be found here.
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- 10.1 The Client acknowledges that the Service ordered from Black.HOST will be delivered in the fastest time possible which ususaly difereniates between 10 minutes to 74 hours depending of the type of Service ordered and BlackHOST orders queue.
- 10.2 The client agrees that In case of unexpected problems like ( equipment shipping delay, faulty hardware detected upon the provision, out of stock services ) that can interfere the delivery of the Service the Client ordered, will wait until this problems are resolved
- 10.3 The Client agrees that Black.HOST is not in any kind responsible for any kind of loss that the client may experience due to delays in delivering his Service.
- 10.4 In case of delay of 24h in the service provision without any additional information from Balck.HOST side the client is obligated to contact our sales or support team and ask for explanation or refund for his order.
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- 11.1Black.HOST reserves the right to cancel this TOS Agreement and to permanently disconnect the service that Black.HOST provides to the Client hereunder at anytime without further obligation.
- 11.2The Client may cancel this TOS Agreement and the Service that Black.HOST provides to the Client hereunder by requesting cancellation via opening a help ticket through the helpdesk at https://black.host/client-area/support/open-ticket at least three (3) days prior to Client’s next monthly billing date.
- 11.3The Client is able to ask for immediate cancellation or cancelation of the end of the billing period.
- 11.4Black.HOST will not honor notice of cancellation by any other means of communication.
- 11.5The Client must be current on all payments and must have all account information available at the time of such request for said requested cancellation to become effective.
- 11.6It is Client’s responsibility to separately confirm that Black.HOST has timely received notice of requested cancellation, and the Client must make arrangements to pick up any server computer that it owns for removal from BlackHOST's facility.
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- 12.1 The Client shall not reveal Client’s account information to anyone
- 12.2 The Client shall protect and maintain the confidentiality and security of Client’s account
- 12.3 The Client shall not use anyone else's account
- 12.4 The Client shall immediately notify Black.HOST of any unauthorized use of the Client’s account or any other breach of security.
- 12.5 The Client is solely responsible and accountable for, and Black.HOST shall not be responsible or accountable for, any/all activities that occur on or through the Client’s account, including any and all acts or omissions by, or attributable to, any third party, using the service that Black.HOST provides to the Client.
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- 13.1 It is a violation of this TOS for the Client to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, electronic checks, or any other payment method. Black.HOST may report any such misuse or fraudulent use, as determined in Black.HOST sole discretion, to governmental and law enforcement authorities, credit reporting services, financial institutions and/or credit card companies.
- 13.2 Repeated fraud orders from the Client may result in account termination
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- 14.1 Black.HOST does not guarantee that the Service that Black.HOST provides, or is to provide, to the Client is or will be free from errors, omissions, corruption, attack, viruses, interference, loss, hacking, security intrusion, delays, non-delivery, wrong delivery or any other causes of interruption or damage (collectively "Service Faults").
- 14.2 Black.HOST or any of its managers, members, employees, affiliates, attorneys, agents, contractors or licensors in no case shall be liable for any direct, indirect, incidental, punitive, exemplary, special or consequential damages, losses, costs or expenses, including, but not limited to, loss of profits, loss of data, loss or damage to goodwill, or loss of use of data or other intangible losses, or for any claim(s) related thereto, even if said party has been advised of the possibility of such damages, losses, costs, expenses orclaims, arising from or related to the following:
- The Client or the Client “sub-users” use or inability to use the Service (whether from Service Faults or otherwise) that Black.HOST provides to, or is to provide to the Client, Any destruction, damage, taking, unavailability or other loss of the Client or any Client sub-user's system, server or data, The cost to procure any substitute service, Any unauthorized access or use of Subscriber's account or Any third-party conduct or other matter relating to the service.
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- 15.1BLACK.HOST SHALL NOT BE LIABLE TO THE CLIENT OF VISITOR FOR HARM CAUSED BY OR RELATED TO CLIENT’S SERVICES OR INABILITY TO UTILIZE THE SERVICES OR SITE UNLESS CAUSED BY WILLFUL MISCONDUCT. Black.HOST SHALL NOT BE LIABLE TO THE CLIENT FOR LOST PROFITS, INDIRECT, SPECIAL OR INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. NOTWITHSTANDING ANYTHING ELSE IN THIS TERMS OR SERVICE AGREEMENT, THE MAXIMUM AGGREGATE LIABILITY OF BLACK.HOST AND ANY OF ITS EMPLOYEES, AGENTS OR AFFILIATES, UNDER ANY THEORY OF LAW SHOULD NOT EXCEED THE AMOUNT OF FITNESS HAS COLLECTED ON THE ACCOUNT. EXCEPT AS OTHERWISE PROVIDED IN THIS TERMS OF SERVICE AGREEMENT, BLACK.HOST PROVIDES ALL PRODUCTS AND SERVICES "AS IS", WITHOUT WARRANTY OR ANY KIND, WHETHER EXPRESS, OR IMPLIED AND DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OF FINESS FOR A PARTICULAR PURPOSE. THE CLIENT SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE, AND SUITABILITY OF ANY PRODUCT AND SERVICE AND BLACK.HOST SHALL HAVE NO LIABILITY ASSOCIATED WITH THE FORGOING.
- 15.2If the Client’s web content is in violation of paragraph 5 of obligations, particularly in violation of legal prohibitions or morality, they shall be liable to us for all of the resulting direct and indirect damages, including property damage. In addition, the customer agrees to free us from all claims by third parties – no matter which kind – that may result from the illegal internet content. The exemption obligation includes liability for all legal defense costs (e.g. court and attorneys' fees).
- 15.3The Client is responsible for ensuring security of his Services.
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- 16.1 All services have 99.95% uptime monthly guarantee which covers downtime period of 0.05% listed in human readable format in the list specified below:
- Daily: 43s
- Weekly: 5m 2s
- Monthly: 21m 54s
- Yearly: 4h 22m 58s
- 16.2 This uptime guarantee does not apply to planned maintenance.
- 16.3 If the Client’s Service has a physical downtime that falls short of the 99.95% uptime guarantee, he may receive ten ( 10 ) times of the downtime period of credit on his account. This means if the Client have one ( 1 ) hour of downtime he may receive ten ( 10 ) hours of credit on his account.
- 16.4 Approval of any credit is at the sole discretion of Black.HOST and may be dependent upon the justification provided.
- 16.5 Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system.
- 16.6 To request a credit, the Client needs to create a support ticket to our Billing department with justification [within thirty (30) days of the end of the month for which you are requesting a credit]
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- 17.1Black.HOST provides multiple backup solutions and runs own backup systems for some of it’s services in various periods.
- 17.2While Black.HOST performs regular health check on whole backup system we do not guarantie the state of each backup file / image. In some cases there might occur corruption on single backup file / image. The Client is obligated to regularly check and download the backups for his Service.
- 17.3Black.HOST runs, daily, weekly and monthly backup for Shared Hosting Services. The daily backups files are kept for 48 hours, weekly for 7 days and monthly for 1 month
- 17.4Black.HOST runs daily backup for VPS hosting. The daily backup files are kept for 48h
- 17.5Black.HOST don’t have backup system for Dedicated Server Services. On Client request Black.HOST is willing to provide free 100GB backup space for his Dedicated Server Services.
- 17.6The Client is responsible for backup configuration on his Dedicated Server Services.
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- 18.1 Black.HOST will, when possible as a courtesy to its customers, provide free technical support on products, applications and 3rd party software that is not explicitly covered under the customers management contract.
- 18.2 No warranties or guarantees are provided on free support.
- 18.3 Black.HOST’s free technical support is available:
- Via email 24 hours/day x 7 days/week except during holidays and company meetings when we temporarily close our facility
- Via phone in all working days between 9:00 AM - 17:00 PM GMT time
- 18.4 Black.HOST free technical support response time may defers from 10 minutes to couple of hours depending on the support queue and the priorty of support case.
- 18.5 Black.HOST's technical support is strictly limited to the direct customer of Black.HOST and not to in-direct Clients.
- 18.6 Misused and repeated free technical support from Client’s side may result with delayed response in the Client's requests.
- 18.7 On Client’s request Black.HOST may provide paid dedicated technical support with 100% guarantied response time.
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- 19.1 Transfers / Site Migrations are provided as a courtesy service of Black.HOST.
- 19.2 Black.HOST’s Transfers Team will make every effort to help you move your website to our Services.
- 19.3 While Black.HOST’s Trasnfers Team will try to transfer / migrate the Client’s website / service from another hosting provider without any downtime, Black.HOST do not make any guarantees regarding the availability, possibility, or time required to complete an account transfer.
- 19.4 The Client understands that each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult, if not impossible, to migrate some or all account data. In some cases we may not be able to assist the Client in a transfer of data from an old host.
- 19.5 The free transfer service is available for thirty (30) days from Service sign up date. Transfers outside of the thirty (30) day period will incur a charge.
- 19.6 In no event shall Black.HOST be held liable for any lost or missing data or files resulting from a transfer to or from Black.HOST
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- 20.1 If Black.HOST assigns to the Client an Internet Protocol ("IP") address and/or number(s) for the Client's use, the right to use that IP address/number shall belong solely to Black.HOST, and the Client shall have no right to use that IP address/number except as permitted by Black.HOST in its sole discretion in connection with the services provided by Black.HOST to the Client during the term of this TOS Agreement.
- 20.2 Black.HOST shall maintain and control ownership of all IP addresses and numbers that may be assigned to the Client by Black.HOST, and Black.HOST reserves the right to change or remove any and all such IP addresses/numbers, in its sole and absolute discretion.
- 20.3 Black.HOST's allocation of IP addresses/numbers is limited by the policies, as they exist from time to time, of the European Registry for Internet Numbers ("RIPE"), including policies providing that the use of IP addresses or numbers for IP-based virtual hosts are not acceptable as justification for new IP addresses or numbers.
- 20.4 Pursuant to RIPE’s policies, as they exist from time to time, the Client must use name-based hosting whenever possible.
- 20.5 Black.HOST will periodically review IP address usage, and if Black.HOST finds that the Client and/or the Client's Sub-Users are using IP addresses or numbers where name-based hosting could be used, Black.HOST will revoke authorization for the use of those IP addresses/numbers.
- 20.6 All IP addresses/numbers that are allocated to the Client must be utilized within forty-eight (48) hours of allocation, otherwise Black.HOST may retract said unused IP address or number without prior notification to the Client.
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- 21.1 The Agreement and thus controlled undertakings are subject to law of Switzerland.
- 21.2 Any controversy, claim, or dispute arising out of or relating to the Agreement shall be subject to the jurisdiction of the competent courts of the Canton of Geneva, the jurisdiction of the Swiss Federal Court being expressly reserved.
- 21.3 All queries and complaints should be addressed to BlacHOST Ltd. 12, Rue Du Cendrier, 1201 Geneva, Switzerland.
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22.1 The Client indemnifies Black.HOST, its subsidiaries, their affiliates and each of their respective directors, officers, employees, shareholders and agents (each an "Indemnified Party") against any losses, claims, damages, liabilities, penalties, actions, proceedings, judgments, or any and all costs thereof (collectively, "Losses") to which an Indemnified Party may become subject and which Losses arise out of, or relate to the Agreement, Customer's use of the Products and Services, breach of any confidentiality obligation or any alleged infringement of any trademark, copyright, patent or other intellectual property right and will 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.
