Legal

Agreements & Policies

The following terms and policies dictate the conditions of use of services and products provided by BLK Host.

 

Last updated: January 24, 2022

TERMS OF SERVICE

These Terms of Service (the “Agreement”) are an agreement between BLK Host, operated by SourceForUs Incorporated, (“BLK Host” or “us” or “our”) and you (“User” or “you” or “your”). This Agreement sets forth the general terms and conditions of your use of the products and services made available by BLK Host and of the BLKHost.com website (collectively, the “Services”). By using the Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Services.

Additional Policies and Agreements

Use of the Services is also governed by the following policies, which are incorporated by reference into this Agreement and form one in the same. By using the Services, you also agree to the terms of the following policies:

    • -Payment/Refund Policy
    • -Privacy Policy
    • -Acceptable Use Policy
    • -Domain Registration Agreement

 

Additional terms may also apply to certain Services, and are incorporated by reference herein as applicable. For example, if you register a domain name with us, then the Domain Registration Agreement will also apply to you and would be incorporated herein.

Account Eligibility

By registering for or using the Services, you represent and warrant that:
You are eighteen (18) years of age or older. The Services are intended solely for Users who are eighteen (18) years of age or older. Any registration, use of or access to the Services, by anyone under eighteen (18) is unauthorized and is a violation of this Agreement.

If you use the Services on behalf of a legal entity or another party you agree that you are authorized to bind such other party to this Agreement and to act on such other party’s behalf with respect to any actions you take in connection with the Services.

It is your responsibility to provide accurate, up-to-date, truthful, current, and complete information on the registration forms, including an email address that is different from the domain you are signing up under. If there is ever an abuse issue or we need to contact you, we will use the primary email address we have on file. It is your responsibility to ensure that the contact information for your account, including any domain accounts is accurate, correct and complete at all times. BLK Host is not responsible for any lapse in the Services, including without limitation, any lapsed domain registrations due to outdated contact information being associated with the domain. If you need to verify or change your contact information, please contact our sales team via email or update your contact information through the BLK Host Billing and Support System. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or certain other cases, you may be required to provide government issued identification and possibly a scan of the credit card used for verification purposes. Failure to provide the information requested may result in your order being denied.

You agree to be fully responsible for all use of your account and for any actions that take place through your account. It is your responsibility to maintain the confidentiality of your password and other information related to the security of your account. Any dedicated IP order in addition to those provided with a hosting package may be subject to IP justification. IP justification practices are subject to change to remain in compliance with the policies of the American Registry for Internet Numbers (ARIN). We reserve the right to deny any dedicated IP request based on insufficient justification or current IP utilization.

Transfers

Our Transfers Team will make every effort to help you move your website to us. Transfers are provided as a courtesy service for up to 10 cPanel accounts (additional migrations are available at our standard hourly admin rate). We must be able to obtain a FULL cPanel backup from your current host and the compressed account size shall not exceed 1 GB. We reserve the right to discontinue or modify our transfer policy at any time.

We do not make any guarantees regarding the availability, possibility, or time required to complete an account transfer. 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 you in a transfer of data from an old host. Where offered, the free transfer service is available for thirty (30) days from your sign up date.

Transfers outside of the thirty (30) day period may incur a charge; please contact a member of our Transfers department to receive a price quote. In no event shall BLK Host be held liable for any lost or missing data or files resulting from a transfer to or from BLK Host. You are solely responsible for backing up your data in all circumstances.

BLK Host Content

Except for User Content (as defined below), all content available through the Services, including designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (collectively, “BLK Host Content”), are the proprietary property of BLK Host or BLK Host’s licensors. BLK Host Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any BLK Host Content. Any use of BLK Host Content, other than as specifically authorized herein, is prohibited and will automatically terminate your rights to use the Services and any BLK Host Content. All rights to use BLK Host Content that are not expressly granted in this Agreement are reserved by BLK Host and BLK Host’s licensors.

User Content

You may be able to upload, store, publish, display and distribute information, text, photos, videos and other content on or through the Services (collectively, “User Content”). User Content includes any content posted by you or by users of any of your websites hosted through the Services (“User Websites”). You are solely responsible for any and all User Content and any transactions or other activities conducted on or through User Websites. By posting or distributing User Content on or through the Services, you represent and warrant to BLK Host that (i) you have all the necessary rights to post or distribute such User Content, and (ii) your posting or distribution of such User Content does not infringe or violate the rights of any third party.

You may not however use your /home/ directory as a location to place backups. Including cPanel/WHM/Third Party applications. All websites are automatically backed-up nightly in third party locations. If you would like to conduct your own backups you MUST purchase block storage from us at $29.95/month per 150GB. BLK Host reserves the right to remove any files that violate this policy under our sole discretion. User’s that violate this policy are subject to immediate suspension and/or termination.

Solely for purposes of providing the Services, you hereby grant to BLK Host a non-exclusive, royalty-free, worldwide right and license to: (i) use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute User Content; and (ii) make archival or back-up copies of User Content and User Websites. Except for the rights expressly granted herein, BLK Host does not acquire any right, title or interest in or to the User Content, all of which shall remain solely with you.

BLK Host exercises no control over, and accepts no responsibility for, User Content or the content of any information passing through BLK Host’s computers, network hubs and points of presence or the Internet. BLK Host does not monitor User Content. However, you acknowledge and agree that BLK Host may, but is not obligated to, immediately take any corrective action in BLK Host’s sole discretion, including without limitation removal of all or a portion of the User Content or User Websites, and suspend or terminate any and all Services without refund if you violate the terms of this Agreement. You hereby agree that BLK Host shall have no liability due to any corrective action that BLK Host may take.

Third Party Products and Services

Third Party Providers

BLK Host may offer certain third party products and services. Such products and services may be subject to the terms and conditions of the third party provider. Discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. You should confirm the terms of any purchase and the use of goods or services with the specific third party provider with whom you are dealing.

BLK Host does not make any representations or warranties regarding, and is not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these third party providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers. BLK Host is not an agent, representative, trustee or fiduciary of you or the third party provider in any transaction.

BLK Host as Reseller or Licensor

BLK Host may act as a reseller or licensor of certain third party services, hardware, software and equipment used in connection with the Services (“Non-BLK Host Products”). BLK Host shall not be responsible for any changes in the Services that cause any Non-BLK Host Products to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer’s defects of Non-BLK Host Products, either sold, licensed or provided by BLK Host to you will not be deemed a breach of BLK Host’s obligations under this Agreement. Any rights or remedies you may have regarding the ownership, licensing, performance or compliance of any Non-BLK Host Product are limited to those rights extended to you by the manufacturer of such Non-BLK Host Product. You are entitled to use any Non-BLK Host Product supplied by BLK Host only in connection with your use of the Services as permitted under this Agreement. You shall make no attempt to copy, alter, reverse engineer, or tamper with such Non-BLK Host Product or to use it other than in connection with the Services. You shall not resell, transfer, export or re-export any Non-BLK Host Product, or any technical data derived therefrom, in violation of any applicable law, rules or regulations.

Third Party Websites

The Services may contain links to other websites that are not owned or controlled by BLK Host (“Third Party Sites”), as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties (“Third Party Content”). We are not responsible for any Third Party Sites or Third Party Content accessed through the Services. Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us. If you decide to access Third Party Sites or to access or use any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable third party’s terms and policies, including privacy and data gathering practices of any website to which you navigate.

Prohibited Persons (Countries, Entities, And Individuals)

The U.S. Department of the Treasury, through the Office of Foreign Assets Control (“OFAC”), prohibits U.S. companies from engaging in all or certain commercial activities with certain sanctioned countries (each a “Sanctioned Country”) and certain individuals, organizations or entities, including without limitation, certain “Specially Designated Nationals” (“SDN”) listed by OFAC. If you are located in a Sanctioned Country or are listed as an SDN, you are prohibited from registering or signing up with, subscribing to, or using the Services. Unless otherwise provided with explicit permission, BLK Host also does not register, and prohibits the use of any of our Services in connection with, any Country-Code Top Level Domain Name (“ccTLD”) for any Sanctioned Country.

Account Security and BLK Host Systems

It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of the installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. You are required to use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change or update your password before suspending your account.

The Services, including all related equipment, networks and network devices are provided only for authorized customer use. BLK Host may, but is not obligated to, monitor our systems, including without limitation, to ensure that use is authorized, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. By using the Services, you consent to monitoring for these purposes.

Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control requires the express written consent of the third party. BLK Host may, at our discretion, request documentation to prove that your access to a third party network or system is authorized. Any account that is found to be compromised may be disabled and/or terminated. If you do not clean up your account after being notified by BLK Host of an ongoing issue, we reserve the right to keep your account disabled. Upon your request, BLK Host may clean-up your account for an additional fee.

BLK Host reserves the right to migrate your account from one data center to another in order to comply with applicable data center policies, local law or for technical or other reasons without notice.

Billing and Payment Information

Multiple Accounts

Users may not jump to multiple accounts to abuse “new customer” discounts. Users in violation of this policy will have both accounts suspended until all outstanding invoices are satisfied. Users that abuse our discount system are subject to termination without a refund.

Prepayment

It is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree to pay for the Services in advance of the time period during which such Services are provided. Subject to applicable laws, rules, and regulations, payments received will be first applied to the oldest outstanding invoice in your billing account.

Auto-renewal

Unless otherwise provided, you agree that until and unless you notify BLK Host of your desire to cancel the Services, you will be billed on an automatically recurring basis to prevent any disruption to your Services, using your credit card or other billing information on file with us.

Taxes

Listed fees for the Services do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority. Any applicable taxes will be added to BLK Host’s invoice as a separate charge to be paid by you. All fees are non-refundable when paid unless otherwise stated.

Late Payment

All invoices must be paid within seven (7) days of the invoice due date. Any invoice that is outstanding for more than seven (7) days may result in the suspension or termination of Services. Access to the account will not be restored until payment has been received. If you fail to pay the fees as specified herein, BLK Host may suspend or terminate your account and pursue the collection costs incurred by BLK Host, including without limitation, any arbitration and legal fees, and reasonable attorneys’ fees. BLK Host will not activate new orders or activate new packages for customers who have an outstanding balance on their account.

Domain Payment

It is solely your responsibility to notify BLK Host’s Billing department via a support ticket created from https://blkhost.com/panel/contact.php after purchasing a domain. Domain renewal notices are provided as a courtesy reminder and BLK Host is not responsible for a failure to renew a domain or a failure to notify a customer about a domain’s renewal. Domain renewals are billed and renewed thirty (30) days before the renew date.

Fraud

It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, electronic checks, or any other payment method. BLK Host may report any such misuse or fraudulent use, as determined in BLK Host’s sole discretion, to governmental and law enforcement authorities, credit reporting services, financial institutions and/or credit card companies.

Invoice Disputes

You have ninety (90) days to dispute any charge or payment processed by BLK Host. If you have any questions concerning a charge on your account, our billing department directly for assistance.

Money-Back Guarantee

BLK Host offers a thirty (30) day money- back guarantee for BLK Host’s hosting services only. Subject to the terms described herein, if you are not completely satisfied with these hosting services and you terminate your account within thirty (30) days of signing up for the Services, you will be given a refund of the amount paid for hosting minus a any setup fees. This money-back guarantee only applies to fees paid for hosting services and does not apply to administrative fees, install fees for custom software or other setup fees, or to any fees for any other additional services.

Cancellations and Refunds

Payment Method

No refunds will be provided if you use any of the following methods of payment: bank wire transfers, Western Union payments, checks and money orders. If you use any of these payment methods, any applicable credit will be posted to your hosting account instead of a refund.

Money-Back Guarantee

If an account with a thirty (30) day money-back guarantee is purchased and then cancelled within the first thirty (30) days of the beginning of the term (the “Money-Back Guarantee Period”), you will, upon your written request to the BLK Host Support Team (the “Refund Request”) within thirty (30) days of such termination or cancellation (“Notice Period”), receive a full refund of all basic hosting fees previously paid by you to BLK Host for the initial term (“Money-Back Guarantee Refund”); provided that such Money-Back Guarantee Refund shall be due to you only upon your compliance with, and subject in all respects to the terms and conditions of, this section. Requests for these refunds must be made in writing to the BLK Host Support Team. Refunds will only be issued for basic hosting services and will not include administrative fees, install fees for custom software or other setup fees, nor will they include any fees for any other additional services. Money Back Guarantee Refunds will not accrue, and shall not be paid under any circumstances, if you do not provide the applicable Refund Request within the Notice Period.

Refund Eligibility

Only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before, canceled and signed up again, or if you have opened a second account with us, you will not be eligible for a refund. Violations of this Agreement will waive your rights under the refund policy.

Non-refundable Products and Services

There are no refunds on domain names, dedicated servers, administrative fees, license fees, and install fees for custom software. Please note that domain refunds will only be considered if the domain was ordered in conjunction with a hosting package and will be issued at BLK Host’s sole discretion. Any refunds issued for domain names will be reduced by the market value of the gTLD. Purchases of ccTLDs are non-refundable.

Cancellation Process

You may terminate or cancel the Services by giving BLK Host written notice via the cancellation form provided. In such event: (i) you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation and (ii) BLK Host may, in our sole discretion, refund all pre-paid fees for basic hosting services for the full months remaining after the effectiveness of such cancellation (i.e. no partial month fees shall be refunded) less any setup fees, applicable taxes and any discount applied for prepayment, provided that you are not in breach of this Agreement.

Once we receive your cancellation form and have confirmed all necessary information with you via email, we will inform you in writing (typically email) that your account has been canceled. Your cancellation confirmation will contain a ticket/tracking number in the subject line for your reference and for verification purposes. You should immediately receive an automatic email with a tracking number stating that “Your request has been received.” BLK Host will confirm your request and process your cancellation shortly thereafter. If you do not hear back from us, or do not receive the automatic confirmation email within a few minutes after submitting your cancellation form, please contact us immediately. We require all cancellations to be done through the online form in order to (a) confirm your identity, (b) confirm in writing that you are prepared for all of your files and emails to be removed, and (c) document the request. This process aims to reduce the likelihood of mistakes, fraudulent/malicious requests, and to ensure that you are aware that your files, emails, and account may be removed immediately and permanently after a cancellation request is processed.

Cancellations for shared accounts will be effective on the account’s renewal date.

Domains

Domain renewals are billed and renewed thirty (30) days before the renewal date. It is your responsibility to notify BLK Host’s Billing department via a support ticket created from https://blkhost.com/panel/contact.php to cancel any domain registration at least thirty (30) days prior to the renewal date. No refunds will be given once a domain is renewed. All domain registrations and renewals are final.

Foreign Currencies

Exchange rate fluctuations for international payments are constant and unavoidable. All refunds are processed in CAD dollars and will reflect the exchange rate in effect on the date of the refund. All refunds are subject to this fluctuation and BLK Host is not responsible for any change in exchange rates between the time of payment and the time of refund.

Termination

BLK Host may terminate your access to the Services, in whole or in part, without notice in the event that: (i) you fail to pay any fees due; (ii) you violate this Agreement; (iii) your conduct may harm BLK Host or others or cause BLK Host or others to incur liability, as determined by BLK Host in our sole discretion; or (iv) as otherwise specified in this Agreement. In such event, BLK Host shall not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination. Additionally, BLK Host may charge you for all fees due for the Services for the remaining portion of the then current term.

UPON TERMINATION OF THE SERVICES FOR ANY REASON, USER CONTENT, USER WEBSITES, AND OTHER DATA WILL BE DELETED.

CPU, Bandwidth and Disk Usage

Permitted CPU and Disk Usage

All use of hosting space provided by BLK Host is subject to the terms of this Agreement and the Acceptable Use Policy. Shared hosting space may only be used for web files, active email and content of User Websites. Shared hosting space may not be used for storage (whether of media, emails, or other data), including, as offsite storage of electronic files, email or FTP hosts. BLK Host expressly reserves the right to review every shared account for excessive usage of CPU, disk space and other resources that may be caused by a violation of this Agreement or the Acceptable Use Policy. BLK Host may, in our sole discretion, terminate access to the Services, apply additional fees, or remove or delete User Content for those accounts that are found to be in violation of BLK Host’s terms and conditions.

VPS Managed Services

Please note that manually installing modules and bypassing WHM/cPanel could render your management with us void.

Bandwidth Usage

Shared servers are not limited in their bandwidth allowance.

Uptime Guarantee

If your shared server has a physical downtime that falls short of the 99.9% uptime guarantee, you may credits on your account as permitted by us and at our discretion. This uptime guarantee does not apply to planned maintenance. Approval of any credit is at the sole discretion of BLK Host and may be dependent upon the justification provided. 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 and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please visit https://blkhost.com/panel/contact.php to create a support ticket to our Billing department with justification. Uptime guarantees only apply to shared and reseller solutions.

Price Change

BLK Host reserves the right to change prices, the monthly payment amount, or any other charges at any time. We will provide you with at least thirty (30) days’ notice before charging you with any price change. It is your sole responsibility to periodically review billing information provided by BLK Host through the user billing tool or through other methods of communication, including notices sent or posted by BLK Host.

Coupons

Discounts and coupon codes are reserved for first-time accounts or first-time customers only and may not be used towards the purchase of a domain registration unless otherwise specified. If you have previously signed up using a particular domain, you may not sign up again for that domain using another coupon at a later date. Any account found in violation of these policies will be reviewed by our Sales department and the appropriate charges will be added to the account. Coupon abuse will not be tolerated and may result in the suspension or termination of your account. All coupons and discounts are only valid towards the initial purchase and do not affect the renewal or recurring price.

Disclaimer and Limitation of Liability

SUBJECT TO THE WARRANTIES SPECIFICALLY PROVIDED IN THIS AGREEMENT, BLK HOST DOESN’T (i) MAKE ANY REPRESENTATION OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND, REGARDING THE SERVICES OR PRODUCTS PROVIDED OR SERVICED BY BLK HOST, EITHER DIRECTLY OR THROUGH A RESELLER, AND THE BLK HOST WEB SITE, ITS CONTENT AND THE SERVICES AND (ii) ASSUME ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF COMPLIANCE OR NON-INFRINGEMENT. FURTHERMORE, SUBJECT TO THE WARRANTIES SPECIFICALLY PROVIDED IN THIS AGREEMENT. WHEN USING OR WHEN SEEKING TO USE THE BLK HOST WEB SITE, THE USER EXPRESSLY AGREES THAT BLK HOST MAKES NO WARRANTY OR REPRESENTATIONS REGARDING THE SERVICES OR PRODUCTS PROVIDED OR SERVICED BY BLK HOST, EITHER DIRECTLY OR THROUGH A RESELLER AND THE BLK HOST WEB SITE’S CONTENT: (i) NO WARRANTY OR REPRESENTATION IS MADE WITH REGARD TO THE CONTENT OF THE BLK HOST WEB SITE AND WITH REGARD TO ITS UP-TO-DATENESS, ACCURACY OR COMPLETENESS; AND (ii) AS A SERVICE TO USERS OF THE BLK HOST WEB SITE, BLK HOST INCLUDES LINKS TO OTHER WEB SITES FOR WHICH BLK HOST HAS NO CONTROL. BLK HOST DOES NOT ENDORSE OR REPRESENT, IN ANY WAY WHATSOEVER, THE PRODUCTS, SERVICES, CONTENT OR ACCURACY OF THE CONTENT FOUND ON SUCH WEB SITES AND USERS IRREVOCABLY WAVE BY THE PRESENT AGREEMENT ANY CLAIM AGAINST BLK HOST IN CONNECTION WITH SUCH WEB SITES; AND (iii), BLK HOST MAKES NO WARRANTY THAT ITS SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. BLK HOST DOES NOT WARRANT, NOR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR RESULTS OF, ANY OF THE SERVICES IT PROVIDES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE.

BLK HOST WILL IN NO EVENT BE LIABLE REGARDING THE BLK HOST WEB SITE OR ANY OTHER RELATED WEB SITE, WITH RESPECT TO ANY PARTY OR FOR ANY DAMAGE OR HARM ATTRIBUTABLE TO (INCLUDING AND WITHOUT LIMITATION) A BREACH OF CONTRACT, ERROR, OMISSION, OR FOR DAMAGE OR OTHER DAMAGES THEREFORE, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR SYSTEM OF INFORMATION MANAGEMENT, LOSS OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES AND THAT, EVEN IF BLK HOST IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

ALTHOUGH BLK HOST ENDEAVOURS TO MAINTAIN THE ACCURACY OF THE INFORMATION, ERRORS CAN BE PRESENT. IN THE EVENT BLK HOST NOTICES AN ERROR, IT WILL BE CORRECTED AS SOON AS POSSIBLE, AND THE CUSTOMERS CONCERNED WILL BE ADVISED ACCORDINGLY.

Indemnification

You agree to indemnify, defend and hold harmless BLK Host, our affiliates, and their respective officers, directors, employees and agents (each an “Indemnified Party” and, collectively, the “Indemnified Parties”) from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney’s fees) threatened, asserted, or filed by a third party against any of the Indemnified Parties arising out of or relating to (i) your use of the Services, (ii) any breach or violation by you of this Agreement; or (iii) any acts or omissions by you. The terms of this section shall survive any termination of this Agreement.

Independent Contractor

BLK Host and User are independent contractors and nothing contained in this Agreement places BLK Host and User in the relationship of principal and agent, partners or joint venturers. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party, or to obligate or bind the other party in any manner whatsoever.

Backups and Data Loss

Your use of the Services is at your sole risk. BLK Host’s backup service runs once a night and overwrites any of our previous backups. Only one night of backups are kept at a time. This service is provided only to shared and reseller accounts as a courtesy and may be modified or terminated at any time at BLK Host’s sole discretion. VPS no backups, Accounts larger than 20GB or 100,000 inodes WILL NOT be included in nighly backups. BLK Host is not responsible for files and/or data residing on your account. You agree to take full responsibility for all files and data transferred and to maintain all appropriate backup of files and data stored on BLK Host’s servers.

Limited Warranty

THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE BASIS.” EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, BLK Host AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES PROVIDED HEREUNDER. BLK Host AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES (I) THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE; (II) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES; OR (III) AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE SERVICES. BLK Host AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS ARE NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM USERS OR STORED BY USERS ON OR THROUGH THE SERVICES. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.

Disclosure to Law Enforcement

BLK Host may disclose any and all User information that is collected to law enforcement agencies for the purposes of an investigation, request, or otherwise without further consent or notification to the User upon lawful request from such agencies. We cooperate fully with law enforcement agencies Additionally, your information may be disclosed pursuant to our Privacy Policy

Entire Agreement

This Agreement, including documents incorporated herein by reference, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby.

Headings

The headings herein are for convenience only and are not part of this Agreement.

Changes to the Agreement or the Services

BLK Host may modify, add, or delete portions of this Agreement at any time. If we have made significant changes to this Agreement, we will post a notice on the BLK Host website for at least thirty (30) days after the changes are posted and will indicate at the bottom of this Agreement the date of the last revision. Any revisions to this Agreement will become effective when posted unless otherwise provided. You agree to any modification to this Agreement by continuing to use the Services after the effective date of any such modification.

BLK Host reserves the right to modify, change, or discontinue any aspect of the Services at any time.

Severability

If any provision or portion of any provision of this Agreement is found to be illegal, invalid or unenforceable by a court of competent jurisdiction, the remaining provisions or portions (unless otherwise specified) thereof shall remain in full force and effect.

Waiver

No failure or delay by you or BLK Host to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude any other or further exercise of any right or remedy. No express waiver of, or assent to, any breach of or default in any term or condition of this Agreement by any party hereto shall constitute a waiver of, or an assent to, any succeeding breach of or default in the same or any other term or condition hereof.

Assignment; Successors

You may not assign or transfer this Agreement or any of your rights or obligations hereunder, without the prior written consent of BLK Host. Any attempted assignment in violation of this Agreement shall be null and void and of no force or effect whatsoever. BLK Host may assign our rights and obligations under this Agreement, and may engage subcontractors or agents in performing our duties and exercising our rights hereunder, without the consent of User. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.

Force Majeure

Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party’s reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.

Electronic Notices

The communications between you and BLK Host use electronic means, whether you visit the Platform or send BLK Host e-mails, or whether BLK Host posts notices on the Platform or communications with you via mobile notifications or e-mail. For contractual purposes, you (1) consent to receive communications from BLK Host in an electronic form; and (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that BLK Host provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.

Third-Party Beneficiaries

Except as otherwise expressly provided in this Agreement, nothing in this Agreement is intended, nor shall anything herein be construed to confer any rights in any person other than the parties hereto and their respective successors and permitted assigns. Notwithstanding the foregoing, user acknowledges and agrees that any supplier of a third-party product or service that is identified as a third-party beneficiary in the service description, is an intended third-party beneficiary of the provisions set forth in this Agreement as they relate specifically to its products or services and shall have the right to enforce directly the terms and conditions of this Agreement with respect to its products or services against user as if it were a party to this Agreement.

General

BLK Host operated by SourceForUs Incorporated, employs an Acceptable Use Policy (hereinafter “AUP“) to maintain the integrity and performance of its computer equipment. In a shared web hosting environment, several clients must share limited infrastructure resources. As such, it is important not to use your hosting account in a way that may negatively affect other BLK Host clients. Our AUP describes what is and is not allowed on our servers. By using any of our services, you agree to comply with our AUP. Failure to comply with the AUP may result in account suspension or termination without prior notice. BLK Host will remain the sole arbiter in what constitutes a breach of our AUP.

Illegal Activities

You may not use any of BLK Host’s services for illegal purposes. You agree to comply with any applicable local, provincial, federal and international laws, government rules or requirements. You agree you will not be entitled to a refund of any fees paid to BLK Host if, for any reason, BLK Host takes corrective action with respect to your improper or illegal use of its services.

BLK Host reserves the right at all times to disclose any information as BLK Host deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in BLK Host’s sole discretion. For our complete privacy policy, please consult at https://blkhost.com/legal/#privacy-policy.

Spam Policy

BLK Host has a zero-tolerance spam policy. It is forbidden to send unsolicited mail from or to our servers under any circumstance. Penalties amounting to a minimum of 150.00$, plus taxes, can be charged for a first offence, and penalties double for repeat offenders.

Email Delivery

(a) Shared Web Hosting
Shared web hosting or reseller accounts are not designed to be used to send out large quantities of emails simultaneously. There is a limit of how many emails you can send per hour, per account. The number of emails per hour varies based on the plan you select, as described on the BLK Host website. Emails sent beyond the authorized limit will not be delivered. Mailing lists can have a maximum of 500 recipients. If you do send more than 25 emails at any given time, you must activate a “throttling” feature in your mailing application when sending, so that every delivery is delayed by a minimum of 10 seconds so as not to overcharge the server. You may not attempt to circumvent this limit by linking multiple hosting accounts together. If you would like to send larger quantities of legitimate commercial emails, please inquire with our sales team about our commercial Email Marketing service.

You may not send emails with attachments greater than 20 MB from Shared hosting accounts. If you need to share larger files, you are encouraged to upload your files on your hosting account and email a hyperlink (“URL”) to the file.

Each mailbox must not exceed 2GB in total size. Clients are encouraged to download or archive their emails on a regular basis using software such as Microsoft Outlook, Apple Mail, or Thunderbird using the POP3 protocol, and deleting read emails from the server.
(b) Dedicated Servers and VPS
There is no fixed email delivery limit; however, a $150 administrative fee will be charged to your account if your public IP address gets listed in a public “blacklist” and we need to actively intervene in order to get it de-listed.

Backups

(a) Shared Web Hosting

Shared web hosting accounts may not use their disk space for backup storage, or storage of any files not directly linked from their web sites. You may store a maximum of 1 backup of your web hosting account on the server at any given time, and for a period not exceeding 24 hours. Please do not make backup copies of your backups.

If needed, backup copies can be generated by the Client during off-peak hours, from midnight to 5AM EST. It is strictly forbidden to generate backups of your account between 5AM and 11:59PM EST, as this can seriously degrade the system’s performance. This applies to backups generated from the cPanel, or any other type of automated backup such as those performed by third-party services and automated plugins.

BLK Host regularly backs up most Shared hosting accounts on its servers, as described on the BLK Host Web Site. Due to the resource-intensive nature of the backup process, BLK Host cannot guarantee the regular and consistent back up and/or restore of accounts that exceed 20 giga-bytes (“GB”) of total data or more than 200,000 files (including emails, databases, regular files, statistics, and configuration files). Accounts that store more than 20 GB of data or more than 200,000 files risk no longer being backed up automatically. Manual backups will still be possible in most situations. To re-activate automatic backups, the Client must bring the total amount of data stored on their account to less than 20 GB of data and less than 200,000 files and contact our support department. Files exceeding 1 GB will not be included in the regular backups.

(b) Dedicated Servers and VPS

Dedicated server clients are responsible for backing up their own data. Upon request, a managed backup service can be provided at additional cost.

Resource Usage

(a) Shared Web Hosting

In order to guarantee reliable service, Shared Hosting Accounts may not use more resources than what would be required by a regular web site in the course of its regular activities. Accounts may not use more than 5% of the total BLK Host system resources for a period longer than 60 seconds. This includes CPU cycles, RAM usage, disk space, and bandwidth. Accounts found to be exceeding the allowed resource usage may be suspended without prior notice in order to prevent serious service degradation. BLK Host will attempt to notify the client whenever possible and work with them to resolve any resource usage problem. Often, these types of problems may be resolved by repairing a faulty script, disabling a resource-intensive application, or banning malicious IP addresses from your account. Clients consistently using excessive resources may be required to transfer their account on a separate dedicated or private server, where resource usage limits are not imposed.

BLK Host server resources cannot be used for any other purpose than to serve data from your web sites. Under no circumstance can the server resources be resold, or used for data processing outside of the context of serving web pages or other web-accessible content to your site’s visitors.

Please note that a shared hosting environment is not intended for extremely resource-intensive sites. In these cases, custom dedicated server solutions or virtual private servers are recommended.

(b) Dedicated Servers and VPS

Dedicated servers are permitted to use the full resources available on their machine.

Disk Space Usage

(a) Shared Web Hosting

While we don’t impose fixed disk space limits, in order to protect our clients from users consuming an excessive amount of resources, we have established the following rules concerning the use of disk space on Shared Hosting accounts:

    • -You may not use your web hosting space to store files that are not directly related to your web site, and that are not linked to directly from at least one section of your web site.
    • -You may not store more than 5,000 immediate files in any given folder (or directory), or more than the total files (inodes) allowed by your hosting account, as follows:
      • -Starter web hosting: 100,000 inodes
      • -Professional web hosting: 200,000 inodes
      • -Enterprise web hosting: 300,000 inodes
    • -You may not sell or offer free disk storage on our servers to third parties, outside of the context of our Reseller services.
    • -You may not increase your actual disk space usage by more than 10 GB in a 24-hour period without prior written notice.

(b) Dedicated Servers

Clients are permitted to use the full hard drive space available on their machine.

(c) VPS Servers

VPS servers can not contain more than 1,000,000 inodes in order to ensure system stability and performance. If you require more than 1,000,000 inodes, please consider purchasing a Dedicated Server by contacting BLK Host.

Processes

(a) Shared Web Hosting

All processes invoked by the web server, cron, shell or other should not exceed the following limits:

    • -Open more than 64 files simultaneously;
    • -Create core dumps;
    • -Be executed continuously as a background process;
    • -Execute more than 5 threads or sub-processes simultaneously;
    • -Execute more than 5 consecutive URL rewrite rules.
    • -Be executed for a period longer than 60 consecutive seconds

(b) Dedicated Servers

Dedicated are not limited by the number of simultaneous processes they can run.

(c) Cloud Servers

May not use more than 30% of total system resources for longer than 60 continuous seconds to avoid serious service degradation.

Databases

(a) Shared Web Hosting

    • -Database users are limited to 30 simultaneous connections.
    • -Databases are limited to a maximum size of 1 GB and 1,000,000 records each.
    • -The total number of database requests should not exceed 5,000 per hour.
    • -Remote database access is only allowed for administrative purposes. It is forbidden to use databases hosted on BLK Host servers in conjunction with scripts hosted elsewhere.

(b) Dedicated Servers and VPS

There are no database limitations on Dedicated and VPS clients.

Allowed Software and Scripts

All software and scripts installed on your account must be free of vulnerabilities, viruses, and malware. Any software having vulnerabilities documented on the Internet is strictly forbidden on our servers. It is your responsibility to update all the installed software with the latest security patches in a timely manner. On Shared Web Hosting servers, BLK Host provides automatic installation tools that can also handle automatic software updates shortly after updates are released by the vendors. However, it is ultimately solely your responsibility to maintain up-to-date versions of your software on your account.

Popular web applications such as WordPress, Drupal, Joomla, phpBB, along with their plug-ins, modules, and add-ons, are particularly vulnerable to exploits due to their popularity, so additional vigilance must be used to ensure the software is safe and up-to-date.

Insecure scripts and software may be disabled by BLK Host at any time without prior notice to prevent issues with the server’s security.

Unlawful Conduct or Improper Use

You agree not to use BLK Host’s systems for any purpose that is unlawful or prohibited by this AUP, and you agree to comply with any applicable local, provincial, federal and international laws, government rules or requirements.

BLK Host reserves the right to terminate services, in its sole discretion, if you are using the services, in association with spam or morally objectionable activities including, but not limited to:

  1. Activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties;
  2. Transmission, distribution or storage of any material in violation of any applicable law or regulation, including Warez and any pirated content or tools;
  3. Transmission, distribution or storage of any material protected by copyright, trademark, trade secret or other intellectual property right without proper authorization, and material that is obscene, defamatory, an invasion of privacy or constitutes an illegal threat, or is otherwise illegal;
  4. Misrepresenting or fraudulently representing products/services;
  5. Impersonating the identity of a third party;
  6. Illegal access to other computers or network (i.e. hacking) and distribution of Internet viruses or similar destructive activities;
  7. Violating Canadian or American export control laws for software or technical information;
  8. Facilitating, aiding, or encouraging any of the above activities, whether using BLK Host’s network or service by itself or via a third party’s network or service;
  9. Interference with a third party’s use of BLK Host’s network or service, or ability to connect to the Internet or provide services to Internet users.

The following uses of our servers are strictly forbidden:

  1. Proxy servers;
  2. Auto-surf sites;
  3. IRC Servers.

Adult Content

Explicit or pornographic content is strictly forbidden from Shared Hosting Accounts. Legal adult content is permitted on Dedicated or VPS servers.

Shell Access

Shell access is disabled by default on Shared Hosting Accounts, but may be enabled by submitting a request via our helpdesk. The “find” Unix command may not be used on a directory having more than 5 levels of sub-directories.

Dedicated Servers are granted complete Shell Access.

Downloads

You may not offer downloads of third-party software (i.e. software, games, or tools that were not directly created by you or for which you do not have an exclusive distribution agreement) from your hosting account. These are commonly referred to as “mirror” download sites. Instead, you are encouraged to link to the vendor’s original download site.

Chat Software

Due to the resource-intensive nature of these programs, you may not install and use real-time chat software on Shared Hosting Accounts, unless this software was provided by us.

Cron Jobs

Shared Hosting Accounts: Cron jobs must not be scheduled more often than once every 10 minutes. Two or more separate Cron jobs may not be executed at the same time; a minimum of 5 minutes should separate two scheduled executions. You may not schedule a total of more than 5 cron jobs on any hosting account.

There are no cron job limitations on Dedicated Server and VPS.

Violation

BLK Host will, at its own discretion, determine what action will be taken in case of a violation of the AUP. BLK Host reserves the right to suspend or terminate any account found to be violating the AUP without notice and without refund of any pre-paid fees. Violation of this AUP could also subject you to criminal or civil liability.

Rights reserve

BLK Host reserves the right to modify this AUP at any time without providing prior notice. You are responsible for all use of the BLK Host services by yourself, your employees, agents, contractors, invitees and customers, whether such use is with or without your consent.

Questions and Concerns

If you would like more information about BLK Host’s Acceptable Use Policy, please contact us via our helpdesk. We will deploy our best efforts to assist you.

How to Report Abuse

Please contact abuse@blkhost.ca or open a ticket in our helpdesk. Please ensure you include as much information as you can to assist our investigations. Complaints will be investigated within 24 hours of receipt and we may follow up to obtain additional information. Unless we require additional information, you will not receive a reply or update from us.

Severability

Should any provision of these Terms and Conditions be contrary to law, void, enforceable or illegal for any reason, such provision shall be deemed severable from the Terms and Conditions and shall not affect the validity or the enforceability of the remaining provisions.

BLK Host, operated by SourceForUs Incorporated, respects copyright owners. If you (“Complainant”) believe that your work has been copied in a way that constitutes copyright infringement by a customer receiving web hosting services from BLK Host, please provide to the blkhost.com copyright agent the information listed below. To be considered effective pursuant to the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512(c)(3), your notification must include the requested information below. This procedure is exclusively for notifying blkhost.com that your copyrighted material has been infringed:

  • -An electronic or physical signature of the person legally authorized to act on behalf of the owner of the copyright interest.
  • -A description of the copyrighted work that you claim has been infringed.
  • -A description of where the material that you claim infringes your copyright is located on the site.
  • -Your address, telephone number and e-mail address.
  • -A statement by you that you have good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
  • -A statement by you, made under penalty of perjury, that the above information in your notice is accurate, and that you are the copyright owner or legally authorized to act on behalf of the copyright owner.
  • -Designation Of Agent To Receive Notification Of Claimed Infringement
  • -A notification of claimed copyright infringement must be provided in writing to:

BLK Host o/a SourceForUs Incorporated
Abuse Team
100 Consilium Pl
Suite 200
Toronto, ON, M1H 3H3

Or by email: abuse@blkhost.com

Upon receipt of notification of claimed copyright infringement, BLK Host will follow the procedures outlined in the DMCA

Notice And Take-Down Procedures

If BLK Host is notified of a credible claim of copyright infringement, or otherwise becomes aware of facts and circumstances from which infringement is apparent, it will respond expeditiously by removing, or disabling access to, the material that is potentially infringing pursuant to the DMCA

Counter Notification

If you receive a DMCA notification and believe, upon good faith, that the content was removed or disabled in error, you may provide a counter-notice by notifying us in writing at the designated agent address above, or by emailing abuse@blkhost.com, and providing the following information:

  • -A physical or electronic signature (type your full name).
  • -Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
  • -A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
  • -Your name, mailing address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the judicial district in which your address is located, or if your address is outside of the U.S., for any judicial district in which BLK Host may be found, and that you will accept service of process from the Complainant who provided the copyright notification or an agent of such Complainant.
  • -Upon receipt of a counter-notice, BLK Host shall promptly forward a copy to the Complainant and inform Complainant that it will replace the removed material or cease disabling access to it in ten (10) business days. BLK Host may replace the removed material and cease disabling access to it in not less than ten (10) business days and no more than fourteen (14), business days following receipt of the counter-notice unless BLK Host first receives notice from Complainant that it has filed an action seeking a court order to restrain the BLK Host customer from engaging in infringing activity relating to the material on BLK Host’s web hosting site.

Please note and understand before submitting a counter-notice: Under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.

Repeat Infringers

Under appropriate circumstances, BLK Host may, in its discretion, terminate the accounts of customers who are repeat infringers.

Accommodation Of Standard Technical Measures

It is BLK Host’s policy to accommodate and not interfere with standard technical measures, i.e., technical measures that are used by copyright owners to identify or protect copyrighted works, and (1) have been developed pursuant to a broad consensus of copyright owners and service providers in an open, fair, voluntary, multi-industry standards process; (2) are available to any person on reasonable and non-discriminatory terms; and (3) do not impose substantial costs on us or place substantial burdens on our systems or networks.