Terms and Conditions

Blitz Creative Llc provides web hosting to clients worldwide, and we have a responsibility to protect each client and to provide the best services available. All clients of Blitz Creative Llc are subject to the following terms of service:

Indemnification Policy

You agree to use all Blitz Creative Llc services and facilities at your own risk. Blitz Creative Llc specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall Blitz Creative Llc be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold Blitz Creative Llc harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Blitz Creative Llc, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it’s agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Blitz Creative Llc against liabilities arising out of Any injury to person or property caused by any products sold or otherwise distributed in connection with Blitz Creative Llc’s server.

Blitz Creative Llc reserves the right to intervene with any of the sites hosted on its servers in the interest of its customers. Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party Copyright infringement any defective products sold to customer from Blitz Creative Llc’s server. Blitz Creative Llc shall be the sole judge of what violates this Policy.

BILLING

At this time we bill monthly, quarterly, semi-annually and annually, depending upon the plan. If you are not satisfied within your first 30 days we would be happy to provide you with a full refund (For some special offers the money-back-guaranteed day will be varied; and Domain Name registration fee, SSL and Dedicated IP are nonrefundable).

We accept Visa, Master Card, American Express, Discover Card. For webhosting plans we will setup your account without any paying. Clients are encouraged to pay by credit card as it is the easiest way to handle payment at this time. Their are no contract periods but for each successive period, your contract is automatically renewed unless we are notified otherwise.

LATE PAYMENTS

All accounts are billed according to the dates they were first activated on. If you will not pay for service renew in 3 days after deactivation, your account will be suspended. If you will not pay for service renew in 5 days after suspension, your account will be terminated. You will receive an email reminder 1 day till deactivation.

ACCEPTABLE USE POLICY

All services provided by Blitz Creative Llc may be used for lawful purposes only. Transmission, storage,link, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material,links to copyrighted material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless Blitz Creative Llc and its employees from any claims resulting from the use of the service which damages the subscriber or any other party. Our acceptable use policy is actively and strictly enforced. Offending content or users are suspended from our network, usually as soon as they are discovered, although we will always inform you when and why any action has been taken. Pornography is prohibited on all Blitz Creative Llc servers. This includes sites that include sexually explicit or hardcore images and/or advertising.

Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company.

Subscriber further acknowledges that the company’s liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.

Illegality In any form, including but not limited to the unauthorized distribution or copying of copyrighted software or other data, harassment, fraud, trafficking in obscene material. Undesirable Content Certain types of content are not allowed on our network. We do not host adult content of any description. Content relating to Hacking, Cracking, Warez and IRC is not allowed. Software, audio and video downloads may only be hosted if you are the writer and copyright owner of the resources or you have a right to distribute the materials. Accounts suspended due to content or AUP violation are not refunded under any circumstances.

BANNED SCRIPTS

The following scripts are banned from use on our servers and may not be uploaded or run. Reasons for banning them include adverse effects on server load, invitations to hackers/spammers/criminal activity, etc.

IRC egg drops Proxy servers Mail bombers Anonymous mailers IP spoofers Port scanners Hivemail Telnet or SSH Access Scripts nph-proxy (and other scripts what operates like proxy) UBB (Ultimate Bulletin Board, all versions) lstmrge.cgi phpShell FormMail.cgi, FormMail.pl from Matt’s Script Archive are not allowed.

EMAIL/MAILING LIST POLICY

Server’s which are for mailing only are disallowed on Blitz Creative’s network. A mailing only server is defined as any any shared/vps/dedicated/colocated server who’s primary purpose is sending email over SMTP. Blitz Creative’s network is monitored through multiple feedback loops and may terminate, with out prior warning, a server which has a high complaint ratio including servers that may be CAN-SPAM compliant. Running a single opt in, opt out only, or any other non double opt in mailing list will result in server termination.

Mailing lists must be double opt in lists. Messages must have clear removal instructions and valid headers. Removal requests must be completed with in 24 hours. Messages must include details on how the user subscribed. These details must be provided to Blitz Creative on our request. Excessive complaints may result in account termination. Blitz Creative reserves the right to charge $100 fee for IPs which are blacklisted due to failing to adhere to Blitz Creative policies.

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: http://www.spamhaus.org will result in immediate account termination.

SPAM POLICY

Blitz Creative servers may not be the source, intermediary, or destination address involved in the transmission of Spam, Spamware and other Spam Software or misuse of SMTP. Client’s domain or IP may not be referenced as originator or intermediary in any of the above. Blitz Creative considers Spam to be any mass unsolicited message in the mediums of newsgroups and e-mail. The actions stated above will not be tolerated. Violation will result in the immediate deactivation of services without refund of any kind. Furthermore, a fine of one-hundred (100) US dollars will be imposed for each spam policy violation. Blitz Creative is the sole arbiter as to what constitutes a violation of the above provisions. Blitz Creative IP blocks may not be used for the purposes of IP rotation while sending email. Blitz Creative may, through feedback loop monitoring, block SMTP traffic on a server found to be sending email through multiple IP addresses. Failure to respond to SPAM complaints will result in a block against SMTP traffic and may result in account termination. Further mailing list policies are included in the Email / Mailing List Policy.

BILLING

At this time we bill monthly, quarterly, semi-annually and annually, depending upon the plan. If you are not satisfied within your first 30 days we would be happy to provide you with a full refund (For some special offers the money-back-guaranteed day will be varied; and Domain Name registration fee, SSL and Dedicated IP are nonrefundable).

We accept Visa, Master Card, American Express, Discover Card. For webhosting plans we will setup your account without any paying. Clients are encouraged to pay by credit card as it is the easiest way to handle payment at this time. Their are no contract periods but for each successive period, your contract is automatically renewed unless we are notified otherwise.

ABUSE COMPLAINTS

All abuse complaints must be responded to no later than 48 hours after the complaint is made. Failure to reply may result in account termination. Blitz Creative reserves the right to remove files which do not adhere to our terms of service, local, state, or federal laws.

LIMITATION OF LIABILITY

Blitz Creative Llc shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Blitz Creative Llc servers going off-line or being unavailable for any reason whatsoever. Furthermore, Blitz Creative Llc shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Blitz Creative Llc servers. All damages shall be limited to the immediate termination of service

DISCLAIMER

Blitz Creative Llc cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. Certain services provided by Blitz Creative Llc are resold. Thus, certain equipment, routing, software, and programming used by Blitz Creative Llc are not directly owned or written by Blitz Creative Llc. Moreover, Blitz Creative Llc holds no responsibility for the use of our clients accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as Blitz Creative Llc sees fit. FURTHERMORE, Blitz Creative Llc retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.

Litigation

This contract is written under the laws of the State Of Florida, any litigation arising form the service or this agreement will take place in Orlando, Florida USA.

If any part of the agreement or other terms are ruled unenforceable the remaining parts of the agreement remain in effect.

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