Black Fox Limited Terms of Service

Black Fox Limited Terms of Service The following terms and conditions (these "Terms") govern the provision by Black Fox Limited ("Company") of the services and/or products (referred collectively herein as "Services and Products") described on the Server Order Form, the Service Level Agreement and Service Exhibit attached hereto (collectively the "Service Descriptions") and defined in any of the Company's product support listing, to the customer ("Customer") identified on the Service Descriptions. The Service Descriptions, these Terms and the attachments and any addenda hereto, executed with respect to the Services and Products, are referred to herein, collectively, as this "Agreement." Black Fox Limited reserves the right to change and update this document as needs change or arise.

Our Hosting Services

Maximum Hard Disk Space. Customer will be provided with the amount of disk space stated in either their dedicated quote or corresponding plan from http://www.Black Fox Limited.com. Disk space and usage are monitored by Black Fox Limited, when possible quotas are soft and responsible overages should not impair Customer's ability to access said disk space. Customers are responsible for purchasing additional disk space beyond that detailed in their "Plan" or to remove files in order to bring their usage with their Plan's limit.

Jurisdiction and Jurisdictional Disputes, Legal Responsibilities. The parties expressly recognize that, where Black Fox Limited is acting solely as Customer's Host, Black Fox Limited is not engaged in, and is not actively soliciting, interstate or international commerce for said Customer. Where Black Fox Limited is a named party to any type of dispute or litigation involving any acts by Customer that affect out-of-state persons or entities, Customer agrees that it shall indemnify, hold Black Fox Limited harmless, defend Black Fox Limited exhaustively (including all legal cost(s), and challenge the jurisdiction of out of state authorities over Black Fox Limited.

Storage, Backups and Internet Link. Black Fox Limited. shall store Customer's Web Sites and Email messages on Black Fox Limited servers. The parties expressly recognize that Internet servers and links are susceptible to crashes and down time. Black Fox Limited warrants that it shall maintain a consistent link (to the best of it's abilities), with the Internet, but Black Fox Limited cannot and does not warrant that it shall maintain a continuous and uninterrupted link. However, Black Fox Limited does monitor all services on our servers at minimum of 10-minute intervals.

Bandwidth. Black Fox Limited agrees that it shall maintain a 100Mbps (or the speed specified in your service agreement) connection to each server (from the server to the switch). However, Black Fox Limited does not warrant any response rate or download time beyond its control; this may depend on Customer's and End Users ISP connections. We do NOT guaranty a set internet speed to your server. We do recommend, however, that you take advantage of our "speed and ping" test, prior to placing your order with Black Fox Limited. If this test result does not meet your acceptable needs, please do not place your order with Black Fox Limited.

Maintenance. Black Fox Limited may, at its own discretion, temporarily suspend all service for the purpose of repair, maintenance or improvement of any of its systems, or whatever it deems necessary. However, Black Fox Limited shall provide prior notice where it is reasonably practicable under the circumstances, determined by Black Fox Limited, and shall restore service as soon as is reasonably practicable, determined by Black Fox Limited. Customer shall not be entitled to any set off, discount, refund or other credit, in case of any service outage which is beyond Black Fox Limited control or which is reasonable in duration. (Reasonable) is to be determined by Black Fox Limited.

Security. The parties expressly recognize that it is impossible to maintain flawless security, therefore the customer is solely responsible for properly securing their hosting service provided by Black Fox Limited including changing initial passwords used during the service provisioning process. Customer is solely responsible for any damage caused by such unauthorized access, and Customer indemnifies and holds Black Fox Limited harmless for any compromise of Customer's security that resulted from their own actions.

Privacy. Message and data encryption is possible on Black Fox Limited, however Customer is solely responsible for encoding its Web Site and Emails to conform with generally accepted encryption standards, and Customer indemnifies and holds Black Fox Limited harmless for any compromise of Customer's encryption method.

Caching Permitted by Black Fox Limited. Customer expressly grants to Black Fox Limited a license to cache the entirety of Customer's Web Site and Email in RAM, hard disk space, web site caches, dynamic language caches and database server caches, Customer expressly agrees that such caching is also deemed "fair use" under the United States Copyright Act, and Customer expressly agrees that such caching is not an infringement of any of Customer's Intellectual Property Rights.

Export Control. Customer agrees that its Web Site and Email shall comply with all export, re-export or import laws and regulations of any jurisdiction from which Customer's Web Site is transmitted or accessed. Customer agrees that it shall obtain written authority from all appropriate governmental bodies, if Customer intends at any time to re-export any items originating from that jurisdiction to any proscribed destination. Customer shall indemnify Black Fox Limited, hold Black Fox Limited harmless and provide a defence, (including all legal costs), to Black Fox Limited for any such compromise or violation of export/re-export/import laws.

Operating System reinstalls: For most clients, an OS reinstall is something that is not done very often. We understand some clients may need additional reinstalls. Our support will cover one free reinstall per week per server. Additional reinstalls will incur a $35 fee.

Refunds: We always try our best to give our customer(s) outstanding equipment, support and the best pricing for these services on the planet! This being said, Black Fox Limited has a 5 day on all services that include VPS and Dedicated hosting. Customer has the right to cancel services with Black Fox Limited before the monthly renewal period and will not incur and additional cost. Whenever you decide to place your order(s) with Black Fox Limited, please ask the staff (approximate set-up time) for your server. At times, due to heavy ordering and our fantastic pricing, we cannot get equipment delivered fast enough to meet this same demand. If the set-up time does not meet your needs, PLEASE do not place your order(s) with Black Fox Limited. We are not the Post Office or UPS and sometimes cannot control how fast our vendors get our equipment shipped to us.even when we pay extra for overnight shipping! Therefore, once again, please ask our staff the approximate time for set-up for your order(s). If you have an emergency on your server set-up needs, please speak with our staff and request (1-2) day set-up pending availability. If Black Fox Limited is unable to deliver a dedicated hosting service due to a server that the customer has ordered and is unavailable, Black Fox Limited will grant the customer a full refund.

VPS Specifications. Our listed CPU speeds are not meant to be a literal reporting of the clock speed of the virtual CPU. They represent the relative performance of each VPS package.

Client Responsibilities

By signing the order form, entering into an agreement after a quote, accepting an invoice or taking presence on a Black Fox Limited server, the Customer hereby agrees to the following:

Customer agrees to pay for hosting services rendered in advance of each monthly service term. Invoices will be emailed to the customer five calendar days before the invoice is due. Customer has up until the due date to pay the invoice.

Server charges will be incurred immediately once service has been provisioned and delivered by Black Fox Limited. Customer billing will not start at sign-up date, but the date in which the service is delivered.

Non-payment of services shall result in service interruption and will be subject to a late NOTICE via email for demand of payment due. If Black Fox Limited does not receive a response to said Notice, then a termination of service will commence immediately. Black Fox Limited will cancel service and decommission the server or virtual service. This includes reclaiming and deleting all data from virtual and physical hard drives. Black Fox Limited is NOT responsible for data contained on these devices.

The customer is responsible for all data stored on the server. We recommend clients keep their own backups of any data. Black Fox Limited will not be held accountable for data loss for the following reasons:
Suspension or termination due to resource/network abuse.
Suspension or termination due to non-payment or late payment.
Suspension or termination due to violation of the Acceptable Use Policy.
Hardware failures.
Power outages.
Acts of God.

Customers of Black Fox Limited agree to pay all taxes applicable to their account, if their state and/or jurisdiction requires they do so.

Customer agrees not to engage in activity that violates federal (United States), state or local laws applicable to the service terms described herein.

Company reserves the right to discontinue service to any subscriber it deems, in its sole discretion, violates any condition of service including the Terms of Services.

Acceptable Use Policy

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

Black Fox Limited's Acceptable Use Policy (the "Policy") for Black Fox Limited Services is designed to help protect Black Fox Limited, Black Fox Limited'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 Black Fox Limited. Black Fox Limited reserves the right to modify the Policy at any time, effective upon posting at http://Black Fox Limited.com/tos/#AUP.

rDNS requests: All rDNS requests for ranges larger than ten (10) IP addresses may require, at the discretion of Black Fox Limited, a justification and/or an opt-in list. Black Fox Limited reserves the right to deny or revoke rDNS entries which it deems to be in violation of this document.

Prohibited Uses of Black Fox Limited Systems and Services:

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.

Sending Unsolicited Bulk Email ("UBE", "spam"). The sending of any form of Unsolicited Bulk Email through Black Fox Limited's servers is prohibited. Likewise, the sending of UBE from another service provider advertising a web site, email address or utilizing any resource hosted on Black Fox Limited's servers, is prohibited. Black Fox Limited 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.

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 Black Fox Limited 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 Black Fox Limited-hosted domain, or referencing any Black Fox Limited account, is prohibited.

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.

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.

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

Obtaining or attempting to obtain service by any means or device with intent to avoid payment. Unauthorized access, alteration, destruction, or any attempt thereof, of any information of any Black Fox Limited customers or end-users by any means or device.

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 Black Fox Limited network or on another provider's network.

Using Black Fox Limited's Services to interfere with the use of the Black Fox Limited network by other customers or authorized users. Child Pornography and related materials: Hosting child pornography is NOT allowed; Any client found to be doing so will be cancelled immediately upon discovery and reported to the proper authorities. (Legal pornographic material is allowed to be hosted.)

Resource/Node Abuse: Black Fox Limited reserves the right to cancel or suspend any account which Black Fox Limited deems to be abusive or over-using resources outlined in the respective Customer's service plan. VPS accounts are subject to suspension without notice if it is found to be abusing the VPS node's resources. Resource/Node abuses include but are not limited to:
I/O Abuse
Network abuse
CPU abuse
Memory abuse

Specifically prohibited services:
Denial of Service attacks
RuneScape Bots
Torrent Seedboxes
Additional Terms


Additionally, in consideration for hosting services to be delivered, Customer agrees to be bound to the following terms:

Indemnification. Customer agrees to indemnify and hold harmless Company (Black Fox Limited), and the employees and agents of Company (Black Fox Limited) (each an "Indemnified Party") against any losses, legal fees, claims, data-loss, damages, liabilities, penalties, actions, proceedings or judgements (collectively, "Losses") to which an Indemnified Party may become subject and which Losses arise out of, or relate to this Agreement or Customer's use of the Services and Products, and will reimburse an Indemnified Party for all legal and other expenses, including 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.

Limitation on Company Liability. Company shall not be deemed to be in default of any provision of this Agreement or be liable for any failure of performance of the Services and Products (including server interruption) to Customer(s) resulting, directly or indirectly, from any (i) weather conditions, natural disasters or other acts of God, (ii) action of any governmental or military authority, (iii) failure caused by telecommunication or other Internet provider, or (iv) other force or occurrence beyond its control. No fees paid by the Customer to the Company, (Black Fox Limited) shall be deemed refundable. The current term of this Agreement. COMPANY SHALL NOT BE LIABLE FOR (i) ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS OR LOSS OF REVENUE RESULTING FROM THE USE OF THE COMPANY'S SERVICES AND PRODUCTS BY CUSTOMER OR ANY THIRD PARTIES, OR (ii) ANY LOSS OF DATA RESULTING FROM DELAYS, NONDELIVERIES, MISDELIVERIES OR SERVICE INTERRUPTIONS COMPANY PROVIDES THE SERVICES AND PRODUCTS AS IS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED COMPANY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE AND SUITABILITY OF THE SERVICES AND PRODUCTS AND COMPANY SHALL HAVE NO LIABILITY THEREFORE.

Notices. Unless otherwise specified herein, any notices or other communications required or permitted hereunder shall be sufficiently given if in writing and delivered personally or sent by facsimile transmission, internationally recognized overnight courier, registered or certified mail, to the address or facsimile number of Customer as set forth in the Service Descriptions or Company as set forth below. Such notices or other communications shall be deemed received (i) on the date delivered, if delivered personally, (ii) on the business day (or, if international, on the second business day) after being sent by an internationally recognized overnight air courier or (ii) five days after being sent, if sent by first class registered mail.

Black Fox Limited shall not be liable for delays or defaults. Black Fox Limited shall not be liable for delays or defaults in furnishing goods or services hereunder, if such delays or defaults on the part of Black Fox Limited are due to:
Acts of God or of a public enemy.
Acts of the United States or any state or political subdivision thereof.
Fires, severe weather including but not restricted to wind, water damage, floods, earthquakes, natural disasters, explosions or other catastrophes.
Embargoes, epidemics or quarantine restrictions.
Delays of supplier or delay of transportation for any reason.
Causes beyond the control of Black Fox Limited (as determined by Black Fox Limited), in furnishing items or services including, but not limited to, breakdown or failure of machinery or equipment, or delay in Client reporting problems or furnishing information or materials. Acceptance of delivery of goods or services shall constitute a waiver and release pertaining to Black Fox Limited as an entity, by Client (Customer), for any claim for damages, setoff, discount or other liability on account of delay or other reason(s).

Third Party Transactions at Client's Peril. The parties expressly recognize that Black Fox Limited does not operate, control or endorse any information, products or services on the Internet, and that any entities that do offer such information, products or services are not affiliated with Black Fox Limited. Black Fox Limited does not make any express or implied warranties, representations or endorsements TO CLIENT OR ANY THIRD PARTY whatsoever with regard to any information, products or services provided through Black Fox Limited AND OBTAINED OR CONTRACTED OVER the Internet, including, without limitation, warranties of: 1) MERCHANTABILITY; 2) FITNESS FOR A PARTICULAR PURPOSE; 3) EFFORT TO ACHIEVE PURPOSE; 4) QUALITY; 5) ACCURACY; 6) NON INFRINGEMENT AND 7) TITLE. Black Fox Limited shall not be liable TO CLIENT CUSTOMER OR ANY THIRD PARTY for any cost or damage arising either directly or indirectly from any transaction involving third parties' information, products or services. Jurisdictions that do not permit the exclusion or limitation of liability for consequential or incidental damages, and, as such, some portion of the above limitation, will be offset by Client's responsibility to personally indemnify Black Fox Limited and it's affiliates from any liabilities, personal or otherwise and will reimburse Black Fox Limited for total legal costs that may ensue from any legal process therein.

Downloading of Data or Files at Client's Peril. The parties expressly recognize that Black Fox Limited cannot and does not guarantee or warrant that files available for downloading through Black Fox Limited will be free of infection, viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties. Client agrees that it shall be solely responsible for implementing sufficient procedures to satisfy Client's particular requirements for accuracy of data input and output, and for maintaining a means external to Black Fox Limited for the reconstruction of any lost data. The parties also expressly recognize that the Internet contains unedited materials, some of which are unlawful, indecent, or offensive to Client, and access to such materials by Client is done at Client's sole risk.

Miscellaneous. Failure by either Company (Black Fox Limited) or Customer to enforce any of the provisions of this Agreement or any rights with respect hereto or the failure to exercise any option provided hereunder shall in no way be considered to be waiver of such provisions, rights or options, or to in any way affect the validity of this Agreement. If one or more of the provisions contained in this Agreement are found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

Customer Colocation We take pride in our shipping and packaging. However, in the unlikely event that something does happen, we recommend that you request that the shipped item be insured. You will need to pay for this beforehand up to the amount of insurance that you wish to have on the package. Black Fox Limited is not responsible for insuring your co-lo package, or your equipment. In the event that something does happen during the shipping process, we recommend that you immediately contact the carrier and utilize their Package Claims Process posted on their website. UPS has a complete process that they will guide you through, so that your claim can be handled promptly. Once again, Black Fox Limited is NOT responsible for any damage that may occur during the shipping or packaging process.

Licensing Black Fox Limited is not responsible for licensing or copy-right infringements perpetrated by the Customer hosted on Black Fox Limited servers or services. In addition, if client is co-locating a server in the Black Fox Limited facility, said Customer agrees to abide by all local and federal laws in regards to owning a legal license for software used and copy-right material.

Cancellation Customer shall notify Black Fox Limited staff for all service cancellation requests. Please write to [email protected] if you have any questions.
Black Fox Limited

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