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SERVICE CONTRACT / TERMS & CONDITIONS
Click here for a brief summary in non legal terms
Please review the terms and conditions below of the service contract between you and Black Coral Business Group S.A., for providing service under your new hosting account. You must agree to the terms and conditions of this contract and of our Acceptable Use Policy before you may signup for services through Black Coral Business Group S.A., Inc.
The parties to this Contract are:
1. Black Coral Business Group S.A., and
2. The person or entity applying for Web hosting services, "Customer".
Black Coral Business Group S.A. agrees to provide, and the Customer agrees to receive Web hosting services in accordance with the following terms and conditions:
1. The Customer will use Black Coral Business Group S.A. Web hosting services and all other provided services in a manner consistent with any and all applicable laws of the State of Illinois and the US Federal Government. The Customer authorizes Black Coral Business Group S.A. to charge all hosting fees due to the submitted credit card.
2. Black Coral Business Group S.A. reserves the right, at its sole discretion, to deactivate (suspend) the Customer's Web hosting account(s) without notice if A. delinquent payments exist, or B. if this service contract or the Black Coral Business Group S.A. Acceptable Use Policy is violated.
Deactivation may also occur if the Customer's account or use of the account causes a network or server disturbance. A disturbance is any event, use, or misuse of the servers or the associated network that affects the overall performance of the system. This may include, but is not limited to, unsolicited emails (SPAM) misuse of scripts, scripts or programs that require a large percentage of the processor capacity or server memory, or any other event that may affect server performance.
Should any Customer violate this policy, Customer explicitly grants the right to Black Coral Business Group S.A. to charge the Customer's account an amount not less than $100 nor more than $300 as reimbursement for the additional support and for labor involved in resolving the problem. It is the customer's sole responsibility to notify Black Coral Business Group S.A. IN ADVANCE if there is any chance of a server slow-down or other disruption.
Black Coral Business Group S.A. may issue a warning email if the above policy is violated. Such email should NOT be deemed as an extension of time prior to suspension. Suspension, while normally a last resort, will be done without notice if the system and/or other users are affected.
No refund will be given should it be necessary to permanently deactivate or cancel Customer's account because of a violation in the Paragraph.
3. Black Coral Business Group S.A. liability to the Customer hereunder is limited to the amount paid to and received by Black Coral Business Group S.A. for services not accepted and unused. Black Coral Business Group S.A. will use its best efforts to maintain performance at the high level to which its customers have become accustomed, but Black Coral Business Group S.A. MAKES ABSOLUTELY NO WARRANTIES WHATSOEVER, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. Black Coral Business Group S.A. DOES NOT GUARANTEE CONTINUOUS SERVICE, SERVICE AT ANY PARTICULAR TIME, INTEGRITY OF DATA STORED OR TRANSMITTED VIA ITS SYSTEM. NEITHER Black Coral Business Group S.A. NOR ANYONE ELSE INVOLVED IN PROVIDING SERVICES PURSUANT TO THIS AGREEMENT WILL BE LIABLE TO THE CUSTOMER OR ANY THIRD PARTY FOR ANY CLAIMS OR DAMAGES OF ANY KIND (DIRECT, CONSEQUENTIAL, SPECIAL, OR ANY OTHER) THAT ARISE OUT OF THE USE OR INABILITY TO USE SUCH SERVICES, whether or not resulting from fault or negligence on Black Coral Business Group S.A. part, even if Black Coral Business Group S.A. has been advised as to the possibility of such damages. Some jurisdictions may prohibit certain disclaimers, so the above disclaimers may not apply. The Customer's local jurisdiction's laws will apply only to the extent that they override this agreement.
The Customer will take all necessary measures to preclude Black Coral Business Group S.A. from being made a party to any lawsuit or claim regarding Black Coral Business Group S.A. services to the Customer. The Customer hereby agrees to indemnify and hold harmless Black Coral Business Group S.A. from any and all such lawsuits or claims.
4.While Black Coral Business Group S.A. shall make every reasonable effort to protect and backup data for the Customer on a regular basis, it is not responsible for Customer files residing on Black Coral Business Group S.A. servers. The Customer is solely responsible for the independent backup of data stored on Black Coral Business Group S.A. server(s) and its network.
5.THE CUSTOMER HEREBY AGREES THAT ALL DOMAIN NAMES AND ANY MATERIAL SUBMITTED FOR PUBLICATION ON THROUGH THE CUSTOMER'S ACCOUNT(S) WILL NOT VIOLATE OR INFRINGE ANY COPYRIGHT, TRADEMARK, PATENT, STATUTORY, COMMON LAW OR PROPRIETARY RIGHTS OF OTHERS, OR CONTAIN ANYTHING LIBELOUS OR HARMFUL. ANY POTENTIALLY ILLEGAL ACTIVITY MAY BE DEACTIVATED WITHOUT WARNING BY Black Coral Business Group S.A.. THE CUSTOMER HEREBY AGREES TO INDEMNIFY AND HOLD HARMLESS Black Coral Business Group S.A. FOR ANY CLAIM RESULTING FROM THE SUBMISSION OF ILLEGAL MATERIALS.
6.THE CUSTOMER HEREBY AGREES THAT ALL DOMAIN NAMES AND ANY MATERIAL SUBMITTED FOR PUBLICATION ON PROVIDER THROUGH THE CUSTOMER'S ACCOUNT(S) WILL NOT CONTAIN ANYTHING LEADING TO AN ABUSIVE OR UNETHICAL USE OF THE Black Coral Business Group S.A. WEB HOSTING SERVICES. ABUSIVE AND UNETHICAL MATERIALS AND USES INCLUDE, BUT ARE NOT LIMITED TO PORNOGRAPHY, OBSCENITY, HATE GROUPS, NUDITY, VIOLATIONS OF PRIVACY, COMPUTER VIRUSES, HACKING, WAREZ, ILLEGAL MP3 DISTRIBUTION AND ANY HARASSING AND HARMFUL MATERIALS OR USES. THE CUSTOMER HEREBY AGREES TO INDEMNIFY AND HOLD HARMLESS Black Coral Business Group S.A. FROM ANY CLAIM RESULTING FROM HIS/HER PUBLICATION OF MATERIALS OR THE USE OF THOSE MATERIALS. PROVIDER MAY OR MAY NOT GIVE NOTICE BEFORE DEACTIVATING AN ACCOUNT(S) WHICH Black Coral Business Group S.A. DECIDES IS ABUSIVE OR UNETHICAL.
Black Coral Business Group S.A. IS NOT RESPONSIBLE FOR THE REFUND OF ANY UNUSED FUNDS DUE AS A RESULT OF AN ACCOUNT
DEACTIVATION OR SUSPENSION FOR THE ABOVE REASONS.
7. Due to the public nature of the Internet, all transmitted information should be considered publicly accessible, thus it is important that private information such as credit card numbers and personal information should only be provided by secure connection. Black Coral Business Group S.A. is not liable for protection or privacy of electronic mail or other information transferred through the Internet.
8.Use of distribution lists via unsolicited electronic mail (SPAM) or other mass electronic mailings is strictly prohibited. Black Coral Business Group S.A. reserves the right to deactivate the Customer' Web hosting account(s) upon an indication of such activity without further notice. The Customer hereby agrees to indemnify and hold harmless Black Coral Business Group S.A. from any claim resulting from the Customer's or another party's misuse of the electronic mail service from the Customer's Web hosting account(s). Black Coral Business Group S.A. reserves the right to charge a deactivation fee, if the Customer's violation of provider's anti-spamming policy leads to an account deactivation or suspension.
9.The relationship between Black Coral Business Group S.A. and the Customer is that of vendor and vendee. The parties shall not be construed as being joint ventures, franchiser/franchisee, or employer/employee. This agreement is a commercial agreement entered into for business purposes, not a consumer agreement. The Customer has no authority, apparent or otherwise, to contract for or on behalf of Black Coral Business Group S.A., or in any other way legally bind Black Coral Business Group S.A. in any fashion, nor shall the Customer be authorized to make any representations about Black Coral Business Group S.A. or its services other than to set forth the contents of this agreement, of any hosting Plan(s) contracted for, and of any rules and regulations promulgated by Black Coral Business Group S.A. from time to time.
10.The Customer will be billed in advance for all hosting charges.
Black Coral Business Group S.A. offers a 10-day money-back guarantee on each Plan. If the Customer is not completely satisfied with the Plan within the first 10 days, the Customer may cancel this agreement by notifying Black Coral Business Group S.A. in writing. Cancellation requests MUST be RECEIVED within 10 days. Email will not be accepted for ANY request for cancellation. In such cases the Customer will receive a full refund of any amounts paid pursuant to this agreement, less any setup fees or domain name registration fees.
Hosting charges are NON refundable except within the first ten days. If early cancellation of the account is requested after the tenth day, NO refund will be given to CUSTOMER.
Services provided by Black Coral Business Group S.A. to the Customer shall be deemed accepted for all purposes 10 days after the provision of such services, if no written claim or objection regarding such services has been received by Black Coral Business Group S.A. within the 10-day period. No claim related to such accepted services may be raised at a later date.
Unless otherwise terminated as set forth herein, this agreement shall be effective for the term stated in the initial order and shall apply to all renewals of hosting services.
This agreement shall be renewed automatically for subsequent terms of the same length unless, at least ten (10) days prior to the next renewal date, one party gives notice of non-renewal to the other. If, prior to the renewal date, Black Coral Business Group S.A. tenders to the Customer a copy of Black Coral Business Group S.A. then-current Customer Site Hosting Agreement with notice that renewal is conditional on the Customer's agreement thereto, any renewal by the Customer will be deemed to be an acceptance of the terms contained in such subsequent Customer Site Hosting Agreement, rather than a renewal pursuant to the terms contained herein. Upon automatic renewal of this Agreement, the Plan(s) accepted by the Customer shall be deemed to be then current Plan(s) most closely resembling the Customer's prior accepted Plan(s), provided that such subsequent Plan(s) shall be at least as favorable to the Customer as any prior Plan(s).
11. Black Coral Business Group S.A. maintains control and any ownership of any and all IP addresses that may be assigned to Customer and reserves in its sole discretion the right to change or remove any and all addresses. The Customer shall keep the right to use the domain name even if the Customer changes providers.
Remember:
NO SPAM, NO PORN, NO EXCEPTIONS. WE WILL SHUT YOU DOWN WITHOUT NOTICE!
Black Coral Business Group S.A. Inc.
(866) 865-1062 [8:00AM - 4:00 PM CST M-F] in the US
(506) 379-0676 [8:00AM - 4:00 PM CST M-F] in Costa Rica
The legal talk above sometimes is hard to read, so here is a brief, though NON-legal summary of what is most important above.