Hosting Service Agreement
Effective Date: May 27, 2020
This policy defines the Service Agreement (“SA”) all BlogLogistics clients agree to when they sign-up for any of the BlogLogistics website hosting services. BlogLogistics reserves the exclusive right to change, amend or revise any portion of this SA policy at any time, with or without written notice to our clients.
Clients using any services offered by BlogLogistics agree to be obligated by and must comply with all policies in this SA or must otherwise opt out of and cancel their web hosting service with BlogLogistics. BlogLogistics retains the sole discretion to make judgment regarding any violation by any BlogLogistics client and may take action against any client deemed to be in violation of these terms including the cancellation of any client’s services without refund and/or, if deemed appropriate, be legally prosecuted.
In consideration for BlogLogistics maintaining one or more accounts (each “Account”), you, as the BlogLogistics client, agree to the following Service Agreement.
“We”, “Us”, and “Provider”, or bloglogistics.com refer to BlogLogistics (hereby referred to as “BlogLogistics”).
“You”, “Your”, or “Client” refer to each person or entity who applies for any service or is a designate of anyone who applies for any service.
Disclaimer of Warranty
The Internet and website hosting relies on a complex network of hardware, software, network services and providers of information. Due to the need for an aggregate of all of these providers and service companies working properly not all services may be available to you at all times.
BlogLogistics however, offers a 99.9% uptime guarantee. This is valid for only the BlogLogistics servers and our primary co-location Internet connection. BlogLogistics shall pursue partnerships with all tier resources and channels available to maintain maximum uptime, however, BlogLogistics is not responsible for any downtime caused by any provider’s hardware or network malfunction which is outside of BlogLogistics capability to directly correct. BlogLogistics clients are diverse and their websites and the function of those websites are diverse and BlogLogistics cannot be held responsible for any service interruption due to client error, including but not limited to spamming, the target of a DDoS attack, or any other Internet or cyber attack.
BlogLogistics MAKES NO EXPRESS OR IMPLIED WARRANTIES (INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE) WITH RESPECT TO THE SERVICES IT PROVIDES. Neither BlogLogistics nor anyone else involved in the provision of Service is liable to you or any third party for direct or indirect damages resulting from the use, non-use of services provided herein, whether or not such damages resulted from the negligence of BlogLogistics, even if BlogLogistics has been advised to the possibility of such damages.
Limitation of Liability
IN NO EVENT SHALL BlogLogistics BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND DAMAGES RELATED TO CORRUPTION OR DELETION OF WEBSITE CONTENTS, EMAIL DATA AND OR DATABASE CONTENTS) ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE BlogLogistics. SERVICES (INCLUDING, BUT NOT LIMITED TO, INOPERABILITY OF BlogLogistics SERVERS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF BlogLogistics HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL BlogLogistics. MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO BlogLogistics FOR THE SERVICES DURING THE PRIOR THIRTY (30) DAYS. TO THE EXTENT APPLICABLE LOCAL LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, BlogLogistics. LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
You agree to indemnify, defend and hold BlogLogistics and its affiliates, directors, officers, employees and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, resulting from any third-party claim, action, dispute or demand related to your use of the Services, your violation of any of the provisions of this Agreement or from your placement or transmission of any materials or content onto BlogLogistics servers. Such liabilities may include, but are not limited to, those arising from the following:
(a) with respect to your business,
(1) infringement or misappropriation of any intellectual property rights;
(2) defamation, libel, slander, obscenity, pornography, or violation of the rights of privacy or publicity; or
(3) spamming, or any other offensive, harassing or illegal conduct or violation of the acceptable uses described herein or anti-spam policy;
(b) any damage or destruction to BlogLogistics equipment or to any other account holder, which damage is caused by or otherwise results from acts or omissions by you, your representative(s) or your designees;
(c) any personal injury or property damage arising out of your activities related to the Services, unless such injury or property damage is caused solely by BlogLogistics gross negligence or willful misconduct; and
(d) any other damage arising from your equipment or your business.
Choice of Law
This Agreement shall be interpreted under the laws of the province of Ontario, Canada without regard to any conflict of laws provisions. Any action between the parties to this agreement for the breach of this agreement or any action or claim in any way relating thereto shall be venued in the jurisdiction of the Province of Ontario, Region of York. The parties to this agreement hereby consent to jurisdiction in that jurisdiction and agree to accept service by mail and hereby waive any defense of any kind related to jurisdiction or venue.
Services Provided By BlogLogistics
BlogLogistics will provide Internet website hosting, server rental (“the Service”) to its clients for the express purpose of allowing clients to provide https or http Internet content to the general public. The Service allows BlogLogistics clients to maintain Internet websites, receive and maintain email accounts on accounts that support email services, and upload files for their websites. BlogLogistics clients will use the provided services in a manner consistent with any and all applicable laws. BlogLogistics provides the Services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such Services. BlogLogistics reserves the right to refuse service to potential and/or existing clients to protect its existing paying clients. If any of the below violations are committed, BlogLogistics can terminate a client account without notification.
BlogLogistics.com provides timely website hosting support to our clients through the client support portal at www.bloglogistics.care. By accepting your client contract agreement with BlogLogistics.com you agree not to abuse whether verbally or physically or whether in person, via email, live chat or telephone or otherwise any other client of BlogLogistics and any employee or contractor of BlogLogistics.
BlogLogistics will send email from time to time regarding your account, special offers and promotions. You may unsubscribe to these email messages at any time by following the instructions at the bottom of those email messages.
Client agrees that web pages and files uploaded to servers will not violate any provincial, state, national or foreign laws or regulations; infringe on any intellectual property rights of BlogLogistics or any third party; be defamatory, slanderous or trade libellous; be threatening or harassing; be discriminatory based on gender, race, age; promote hate; or contain viruses or other computer programming defects which result in damage to BlogLogistics or any third party. Clients may not run IRC, bots or related software. Clients may not use BlogLogistics servers for file storage unrelated to the client’s website, storage space is for active website file pages only. Clients may not upload any video or audio files whatsoever to BlogLogistics servers. BlogLogistics shared hosting account holders may not act as a reseller, which means that clients may not host any websites that are not domains owned by the client on record at BlogLogistics. Unacceptable uses also include, but not limited to: bulk unsolicited emailing, unsolicited emailings, bulk solicited email, solicited emailings, newsgroup spamming, child pornography, hardcore pornography or links to such sites, copyrighted audio, copyrighted music, copyrighted video, illegal content, copyright infringement, trademark infringement, warez, torrents, torrent files, cracks, software serial numbers, proxy(ies) and image/file sharing websites. BlogLogistics will be the sole and final arbiter as to what constitutes a violation of this policy. BlogLogistics does not normally monitor the contents of clients servers, however if suspicion occurs, BlogLogistics reserves the right to investigate and terminate the clients subscription to the service.
Accounts With Unlimited Features
What is “unlimited disk space and bandwidth/data transfer”?
Some web hosting accounts we provide do not set limits on the disk space and bandwidth (data transfer) that we provide in plans that are marked “Unlimited”. We want you to have the resources available to you to build a great online presence. Such accounts are configured for the client to pay for actual bandwidth and storage space used each month.
Even though we want you to succeed, we need to ensure that we’re providing all of our clients with optimum service. As such we do require all of our clients to be fully compliant with our Excessive Resource User Policy/Service and utilize disk space and bandwidth related to normal operation of a personal or small business website.
If a client’s hosting account is found to have violated the client content, excessive resource user policy and/or is storing files for archiving purposes, the contents will be removed and while we make best effort to contact clients beforehand, can occur without notice. Any video or audio files found to have been uploaded will also be removed and can occur without notice.
Excessive Resource User Policy/Service
Resources are defined as disk space, bandwidth, and/or computing resources (cpu, memory, disk i/o, # of files/inodes) utilization. BlogLogistics offers a shared hosting service in which environment clients may share resources with other clients, therefore it is imperative that BlogLogistics control any excessive usage by clients so that they do not disrupt the service quality of other clients using the same resources. A hosting account is considered using “Excessive amounts of resources” when it consumes 100% of the allocated resources on the subscribed hosting plan and/or any subscribed scalable resource add-on known as “Computing Resources”, and/or “Resources”, and/or “Resource Usage”. There are numerous issues that could cause such problems, including but not limited to: any type of script files, HTTP, HTTPS, etc. To prevent service disruption for other clients, a hosting account which exceeds the included computing resources will be temporarily suspended. BlogLogistics will make every reasonable effort to notify client prior to suspension, however, BlogLogistics may suspend any offending hosting account prior to notifying the client of the account in the event that service disruption to other clients was/is caused. The client whom is using “excessive resources” may be asked to upgrade his/her package to a more suitable hosting package, such as but not limited to another premium account, virtual private server or dedicated server. BlogLogistics will be the sole and final arbitrator as to what constitutes as a violation of this policy.
No “Spam” Policy
UCE/UBE (Unsolicited Commercial Email / Unsolicited Bulk Email) or “Spam” originating from a server located on our network or associated with a BlogLogistics server is not permitted. Solicted bulk email or solicited commercial email is also forbidden. This includes any email that promotes websites hosted on a server located on the BlogLogistics network but is sent from an email address not associated with a BlogLogistics client account or is sent from an email address associated with a BlogLogistics account. Clients shall not use their BlogLogistics services for chain letters, junk mail, bulk email, mailing lists, multi-recipient email messages, mail-merge email messages, “cold call” or introductory email messages (singular or bulk emailing), any form of marketing email, or any use of any distribution lists whatosever. If a client requires bulk email services, marketing email (singular or bulk emailing), or related email services, such email services may be sent from third party bulk mailing providers, and only to any person who has given specific permission to be included in such a process. BlogLogistics reserves the right to deactivate or terminate any account(s) upon any indication of such activity without notice.
Transactional email only is permitted.
When an email sent bounces, clients must complete the following actions:
- If an email address hard bounces, immediately remove that address from all your contacts.
- Never attempt to re-send messages to any bouncing addresses.
- Make sure the email address you use to receive bounce notifications is able to receive email, do not send another email to the bounced email address, contact the account owner via another venue).
- Don’t mark the bounce messages as spam.
Email bounces can lead to suspension or termination of email services without notification.
When an email complaint is reported, clients must complete the following actions:
- Immediately stop sending that person email.
- Never attempt to send email to the complainant.
- If email sent to the complainant is transactional, you must reach out personally to the recipient for written permission to send them email, via a venue other than email, and request they email you same written permission.
Email complaints can lead to suspension or termination of email services without notification.
BlogLogistics allows third party scripts to be uploaded/installed. It is the responsibility of our web hosting clients to maintain the latest exploit free version of such scripts. If a script that our web hosting clients uploads to our servers is found to have security lapses and the potential to allow a third party to “hack”, “exploit”, “deface” the websites, it is the responsibility of our clients to either remove that script or BlogLogistics reserves the right to remove such script or terminate that clients’ account.
Client agrees not to post false or inaccurate information to any website or offline media or any social media channel in violation of the website or offline media or any social media channel rules and regulations. If any website or offline media or any social media service provider contacts BlogLogistics concerning unethical, false or unlawful activities by you, BlogLogistics reserves the right to suspend or terminate your service with or without notice.
Licensed Software Only
Client agrees to use only properly licensed third party software or any files or data in connection with Client’s use of the Services.
BlogLogistics offers the services needed to create backups of account data and it is the sole responsibility of the client to purchase such services. BlogLogistics also backs up its hosting platform and retains a copy for 24 hours for disaster recovery purposes only. It is the sole responsibility of the client to keep up-to-date archives of their backed up data. BlogLogistics does not provide or keep records or copies of our clients website files for client use and is not responsible for any loss of data including but not limited to hardware failure, backup failure, hacking or accidental deletion. BlogLogistics does not offer backup of virtual private servers and/or Dedicated Servers unless requested by the client in writing.
Full payment is required in advance before hosting service is established. BlogLogistics sends out invoices that are due every pay period. Clients are extended fourteen (14) days to fully pay the invoice.
You warrant and represent that the information you supply in any order form or request (or other information that BlogLogistics may require) is accurate and truthful. All payment due notices will be sent by email. No bills or invoices will be sent by postal mail or fax. If payment is not received by the due date, your account will be automatically suspended. It is the client’s sole responsibility to ensure payment is made to BlogLogistics prior to the renewal date and although BlogLogistics sends automated renewal notices to our clients prior to their renewal date, because of the ability for a client to change their contact email addresses without notifying BlogLogistics, the client is ultimately responsible for remembering their renewal date and to make sure payment is made upon the renewal. Failure to keep an account in good standing and/or service renewals paid for will result in service deactivation until the account and or service renewal is paid for in full.
It is the obligation of each BlogLogistics client to know when their account is due for renewal and, if their intention is to terminate their account, clients must fill out the BlogLogistics cancellation form by logging into the client portal at bloglogistics.care and request cancellation on the page of the service (cancellation is being requested for) thirty (30) calendar days prior to their account’s renewal date to ensure that the billing department can stop any renewal charges. BlogLogistics clients receive email notifications 14 days prior to the renewal date of their account, informing them that their renewal date is approaching. It is the client’s sole responsibility to ensure that BlogLogistics has a valid email address for which notices can be sent to BlogLogistics clients. If BlogLogistics does not receive a cancellation request prior to the client’s renewal, BlogLogistics will renew the clients’ account 24 hours prior to the renewal date, and will apply non-refundable charges as appropriate. Accounts will be automatically renewed on the renewal date and be billed under the same fee structure as the plan the client signed up for (unless plan changes were made or upgraded between the time when the client signed up and their renewal date). In the case of insufficient funds to charge such amount, you agree to allow BlogLogistics to place your account on a recurring payment plan, wherein we will collect a partial term quantity to avoid an interruption in service and to protect against accidental loss of intellectual property such as, but not limited to, website data, domain registration, etc.
Clients have the option to pay an invoice at any time by logging into their BlogLogistics account and submitting a payment. An invoice that is not paid by the due date is automatically marked overdue in the system. If an invoice is overdue by more than seven days (the grace period), the account is automatically suspended and a 10% late fee is added to the invoice. To reactivate an account that is suspended for failure to submit a payment within the grace period, a payment for the original invoiced amount plus 10% must be submitted to BlogLogistics.
All prices listed are in CAD Dollars ($), for all services and server locations unless otherwise specified.
Coupons are offered to clients from time to time. Use of third party coupon applications which manipulate our pricing structure will not be accepted. BlogLogistics has the right to refuse any coupon code that it believes to be invalid.
Cancellation and Refunds
BlogLogistics is committed to delivering valuable products and services to entrepreneurs and business operators and persons, who require services for their business or personal websites.
We are proud to have a high client satisfaction rate and will make every effort to ensure you are satisfied with services provided to you.
WE DO NOT OFFER REFUNDS ON PRODUCTS OR SERVICES.
Because products and services are customized to your business needs, we are unable to provide any refunds.
We focus on creating a great experience for clients by guaranteeing that clients get the services requested.
If you purchase a service and are having difficulty, please contact us and we will do our best to help you resolve any challenges. Web hosting based services are due fourteen (14) days in advance. Domain name registration services are due thirty days in advance.
You may however cancel your account at any time in order to make sure that your account is not renewed. You will need to contact client service and verify information before cancellation takes place. You will be charged in full for the entire month in which you cancelled your account. Accounts which have negative balances will be sent to collections and all services will be terminated, including domain registrations.
Website files and data are the responsibility of the BlogLogistics client and should a BlogLogistics client decide to cancel their service it is the client’s responsibility to make sure that they have backed up and downloaded the website files and any other files or data from the BlogLogistics server prior to requesting account or service termination. Once the cancellation request has been submitted to BlogLogistics a cancellation of the website hosting service may occur any time after the request is received by BlogLogistics and when a cancellation request is completed the client’s hosting account with BlogLogistics and their website files are permanently removed from the BlogLogistics servers. Therefore again it is the client’s sole obligation to ensure that they have downloaded their website files and any other files or data from the server PRIOR to their cancellation request.
99.9% Service Level Agreement “SLA”
BlogLogistics offers its clients a 99.9% network uptime guarantee for client satisfaction purposes and also to ensure that your website is running problem free. BlogLogistics will try to maintain maximum uptime. BlogLogistics is not responsible for any downtime caused by the client or by any third party provider or third party service.permitted