Dazzling Host Terms Of Service : Dedicated / VPS servers
All services provided by Dazzling Host("Dazzling Host Web Hosting Solutions") may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any United States federal, state or city law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless Dazzling Host Web Hosting Solutions from any claims resulting from the use of service which damages the subscriber or any other party. Prohibited are sites that promote any illegal activity or present content that may be damaging to Dazzling Host Web Hosting Solutions' servers, or any other server on the Internet. Links to such materials are also prohibited.
This Agreement is entered into between any person or corporation, individual or professional, private or public, wishing to receive one or more services from DazzlingHosts, and hereinafter called the “Customer”
The Customer acknowledges that he/it has checked the suitability of the Service to his/its needs and that he/it has received from DazzlingHosts all the information and advice needed to enter into this agreement knowledgeably and willingly. The purpose of this Agreement is to define the legal, technical and financial conditions of DazzlingHosts’s agreement withthe Customer. These General Terms and Conditions of Service, to which will be added, as applicable, specific terms and conditions and/or schedules proposed by DazzlingHosts, shall be applicable, at the exclusion of all other terms and conditions, including the terms and conditions of the Customer, to all the Customer’s orders of service from the DazzlingHosts Corporation. The DazzlingHosts services offered gratuitously are also governed by these General Terms and Conditions of Service
DazzlingHosts OBLIGATIONS :
DazzlingHosts agrees to use all due care and due dispatch to provide a quality Service in compliance with professional standards and the state of the art. DazzlingHosts only has an obligation of means.
DazzlingHosts shall not be liable in the circumstances described below.: If the performance of this Agreement, or of any of DazzlingHosts’s obligations under such Agreement, is barred, limited or disrupted due to a fire, an explosion, a failure in the transmission networks, the collapse of the facilities, anepidemic, an earthquake, a flood, a power failure, a war, an embargo, a statute, an injunction, a request or demand from a government, a strike, a boycott, a withdrawal of authorization from the telecommunications operator, or any other circumstances beyond DazzlingHosts’s reasonable control ("Force Majeure event"), then DazzlingHosts, subject to a prompt notice to the Customer, shall be relieved from performing his/its obligations within the limits of this inability to act, limitation or disruption, and the Customer shall be likewise relieved from perf orming his/its obligations to the extent that his/its obligations pertain to the performance of the obligations thus barred, limited Or disrupted, subject to such Party thus affected using its best efforts to avoid or mitigate such failure to perform and to both Parties acting promptly once such causes cease to exist or are eliminated. The Party affected by a Force Majeure event shall keep the other Party informed on a regular basis via electronic mail regarding the prognosis of eliminating such Force Majeure event or of recovering from it. Should the effects of this Force Majeure last more than thirty (30) days, as of the date of notice regarding such event from one Party to the other, the Agreement may be terminated as a matter of right, at the request of one of the Parties, without any right to compensation for either of them OR DazzlingHosts shall not be liable the Customer causes, for example: •> a deterioration of the application; •> the misuse of the terminals by the Customer or his/its clientele, a fault, negligence, omission or failure on his/its part, or non-compliance with the advice given; •> the disclosure or illegal use of the password confidentially given to the Customer ; •> fault, negligence or omission of a third party over whom DazzlingHosts has no control or supervision power; •> a request for a temporary or permanent interruption of the Service from a competent administrative or judicial authority, or upon notice from a third party; or •> the total or partial destruction of information transmitted or stored resulting from errors directly or indirectly attributable to the Customer. The Customer acknowledges that DazzlingHosts authorizes other Service users to install their websites and servers in his/its facilities, as this is unmanaged service. DazzlingHosts shall not be liable in any way whatsoever for damages, costs or losses incurred by the Customer (or by his/its own customers) and caused by another Service user’s act, material or failure to act, DazzlingHosts’s liability in contract, in tort (including negligence) or by statute, or otherwise, to the Customer (or his/its own customers), concerning performance or non-performance, as applicable, of any obligation created under this Agreement, with regard to any claim, shall be limited and shall not, in the aggregate, exceed the total fees paid by the Customer to DazzlingHosts under this Agreement in the three- (3-) month period immediately preceding the date on which the claim arose. In no event shall DazzlingHosts be liable for any lost profits, or any special, indirect, consequential, incidental or punitive damages. DazzlingHosts does not offer any backup for the hosted data. It is therefore the Customer’s responsibility to take all required steps in order to back up his/its data in the event of a loss or deterioration of such data for any reason whatsoever,including reasons not explicitly mentioned hereunder.
CUSTOMER’S OBLIGATIONS AND LIABILITIES:
Incident Reporting Procedure : In order to report an Incident, the Customer shall complete the form designed for such purpose on the website, then go to the Customer’s Management Interface where earlier tickets of electronic exchanges between the Customer and DazzlingHosts may be found. The Customer shall complete the form on the DazzlingHosts Site and attempt to provide as much information as possible on the problem encountered to help with the Diagnostic. To this end, the Customer explicitly authorizes DazzlingHosts and its staff to connect to the Customer’s Service and to perform any operation required in connection with the Diagnostic, with respect to both the hardware and the software. DazzlingHosts reserves the right to reject any intervention in this regard if DazzlingHosts notices in its research work that the Customer uses the Service in breach of DazzlingHosts’s General and Specific Terms and Conditions or of laws and regulations in force. All the exchanges between the parties, and more particularly the electronic exchanges and telephone conversations, shall reflect Customer’s assent to DazzlingHosts’s intervention Incident Takeover and Development of Diagnostic: DazzlingHosts shall, in connection with the Incident reporting procedure, carry out a Diagnostic in order to determine the origin and cause of the malfunction problem. If, during the Diagnostic process, DazzlingHosts concludes that the malfunction is an Incident, namely that it is a problem under the responsibility of DazzlingHosts, the costs related to the Diagnostic process shall be entirely borne by DazzlingHosts, in compliance with the Agreement terms and conditions applicable to the Service. Alternatively, if the Diagnostic reveals that DazzlingHosts does not bear responsibility for the Incident encountered by the Customer or that its existence cannot be confirmed the time spent by DazzlingHosts on carrying out the Diagnostic will be invoiced to the Customer at a flat rate available for consultation noted on DazzlingHosts’s Website. In the event of DazzlingHosts being unable to identify the origin or the cause of the incident, the investigations relating to production of the Diagnostic will not be invoiced to the Customer if DazzlingHosts is unable to identify the cause of the dysfunction, or if DazzlingHosts is unable to provide the customer with a quotation for the correction of the malfunction. Likewise, the Diagnostic will not be invoiced to the Customer if DazzlingHosts is unable to provide a quotation for the correction of the incident. The Customer undertakes not to improperly make use of the Technical Assistance. DazzlingHosts reserves the right to refuse to handle a Customer request if their conduct or the frequency of their requests is likely to adversely affectthe normal operation of the Technical Assistance Service. The Customer agrees to avoid using the Technical Support service in an abusive manner. DazzlingHosts reserves the right to refuse to respond to a Customer’s claim if the Customer’s behaviour or the frequency of claims is likely to disrupt the normal operations of the Technical Support service. Resolution of Malfunction: At the end of the Diagnostic, DazzlingHosts shall inform the Customer on the cause of the malfunction and indicate which technical solutions will be used to resolve the problem encountered. At the end of the Diagnostic, DazzlingHosts will convey the cause of the malfunction and will direct the Customer to the technical solutions for resolving the problem encountered. In the event of DazzlingHosts not bearing the responsibility for the Malfunction, DazzlingHosts will forward a quotation to the Customer corresponding to the cost of the resolution operations, if the Customer wants DazzlingHosts to take charge of resolving its problem. Conditions of payment: The base price of the quotation is set out on the DazzlingHosts Site. The sums due will be invoiced monthly on the anniversary date of technical support being receive d for the Service. In the event of monthly renewal of the Service, all sums due relating to this Service, including technical support, will be invoiced. No new interventions will be carried out if the payment of the preceding intervention has not been honoured.
TERM AND RENEWAL OF SERVICE:
Term: The Service agreement shall be signed for an indefinite term. DazzlingHosts reserves the right to suspend the Service at any time. DazzlingHosts shall, to the extent possible, notify in advance the Service users, through a message on the mailing list created in connection with the beta-test, on DazzlingHosts’s website or forum, or by any other means DazzlingHosts deemsnecessary. Service Renewal: DazzlingHosts may possibly not renew its Service at the end of the term. DazzlingHosts shall make every effort to inform the Customer beforehand regarding this and shall delete all the data stored by the Customer on the Service. The Customer hereby agrees to recover all his/its data prior to the end of the Service term. Any non-payment or irregular payment, meaning incorrect or incomplete amounts in particular, or lacking the required references, or made by any method or procedure not accepted by DazzlingHosts are not acceptable and will result in rejection by DazzlingHosts of the registration or renewal request. Concerning renewals paid by cheque, it is up to the Customer to request the renewal with sufficient time for the cheque to be received and processed by DazzlingHosts prior to expiration of the Service. DazzlingHosts reminds the Customer that the processing of a payment by cheque may take more than 5 working days in some cases.
TERMINATION, LIMITATION AND SUSPENSION OF SERVICE:
Breach by the Customer of his/its obligations as defined hereunder, including all activities specifically barred while using DazzlingHosts services and/or any content specifically barred when using DazzlingHosts services, and/or likely to result in civil and/or criminal liability and/or likely to prejudice a third party’s rights, shall give rise to DazzlingHosts’s right to immediately cut off the cable and/or interrupt the Customer’s services, without any prior demand, and to immediately terminate the Service, as of right, without prejudice to any other damages DazzlingHosts may have a right to claim.
At the end of the term of this Service, for any reason whatsoever, DazzlingHosts shall entirely delete all the files on the Customer‘s Service. DazzlingHosts reserves the right to restrict, limit or suspend its services without prior notice nor indemnity if it appears that the Customer uses the services provided for any activity which violates the terms and conditions of th e Agreement with DazzlingHosts or the Service objectives. The Service may also be restricted, limited or suspended when the specific terms and conditions applica ble to a type of Service offered by DazzlingHosts provide for such sanctions in the event of a breach. The restriction, limitation or suspension measures s hall always be taken in accordance with the seriousness or recurrence of the breach(es), and shall be based on the nature of such breach(es).
The Customer agrees in advance that DazzlingHosts may restrict, limit or suspend the Service offered if DazzlingHosts receives a notice in that regard from a competent administrative, arbitral or judicial authority, in compliance with the laws andregulations in force.
Either Party may terminate the Agreement, as of right and without indemnity, in the case of a Force Majeure event lasting more than thirty (30) days. DazzlingHosts reserves the right to interrupt the Customer’s Service if such Service endangers the maintenance of security or stability on DazzlingHosts’s hosting platform. DazzlingHosts shall, to the extent possible, give the Customer prior notice regarding such interruption.
DazzlingHosts may terminate the service (no prior notification) if we received any issue reported by DC provider, no liability invoiving the data on the server.
DazzlingHosts reserves the right to interrupt the Service, as needed, for technical interventions designed to improve it's operations, or for maintenance procedures.
The Customer hereby acknowledges that bandwidth fluctuations and problems with the access provider could cause a gap in the services provided by the DazzlingHosts Cor poration, which it would be unable to resolve. However, the Service shall be restricted, limited or suspended, as of right, by DazzlingHosts: •> if it seems that the Customer is using the services provided for any activity whatsoever which is not incompliance with these General Terms and Conditions; •> in compliance with the applicable Specific Terms and Conditions; •> if DazzlingHosts receives a notice in that regard from a competent administrative, arbitral or judicial authority, in compliance with the appropriate applicable laws, or from a third party; •> if the contact information in the Customer’s account seems to be false, inaccurate or out of date.
CUSTOMER INFORMATION AND COMPLIANCE WITH SERVICE:
The fact that DazzlingHosts fails to invoke one of the General Terms and Conditions of Service and/or tolerates the violation by the other Party of any of the obligations hereunder shall not be construed as a waiver to invoke in the futureany of these Terms and Conditions.
DazzlingHosts reminds the Customer that, while providing the Service to the Customer, DazzlingHosts may keep some of the Customer’s personal data in compliance with its reg ulatory and judicial obligations. Information such as “last name, first name, mailing address, e-mail address, phone numbers, and IP connection addresses” shall be kept by DazzlingHosts during the entire term of the Agreement and up to twelve (12) months after the expiration of the Service. The data transmitted by the Customer shall be kept as long as deemed necessary for evidence purposes. Except as otherwise provided in the Specific Terms and Conditions, DazzlingHosts shall not disclose nor sell the Customer’s personal data. The Customer agrees that his/its personal data may be stored, handled and transferred by DazzlingHosts to its affiliates, who shall only have access to such data in order to perform essential functions in the provision of the Service, all in strict compliance with the Customer’s privacy rights. The Customer also acknowledges that DazzlingHosts may communicate the Customer’s information at the request of administrative, regulatory or judicial authorities
The General and Specific Terms and Conditions online take precedence over the printed General and Specific Terms and Conditions. The parties agree that DazzlingHosts may, as of right, bring changes to its Service simply by informing the Customer through an online notice and/or by amending its General Terms and Conditions online. Any amendment or introduction of new options offered shall be posted online on the DazzlingHosts Site or sent via e-mail to the Customer. Notwithstanding the provisions of section 7, the Customer shall then have the right to terminate the Agreement within thirty (30) days of the effective date of such amendments
Severability: The invalidity of one of the provision of the Service Agreement entered into with DazzlingHosts, particularly under a law or a regulation or as a result of the final judgment of a court of competent jurisdiction, shall not invalidate the other provisions of such Service Agreement, which will remain in full force and effect. The Parties shall, in such cases, to the extent possible, replace the invalid provision with a valid provision consistent with the spirit and object of the Agreement’s terms and conditions. Headings: The Agreement section headings are inserted solely for reference purposes and do not have any contractualvalue nor any specific meaning. Specific Conditions and Schedules: The Specific Conditions and prospective schedules are incorporated by reference into the General Terms and Conditions of Service and are necessarily incidental thereto. The combination of all these documents is hereunder referred to as the “General Terms and Conditions.” The Customer may consult on DazzlingHosts’s website all the documents incorporated by reference into this Agreement.Such documents are subject to amendments or updates. Communications: The DazzlingHosts server’s date and time shall be relied upon as evidence of the exchange of information by e-mail between the Parties. Such information shall be kept by DazzlingHosts during the entire term of the contractual relationship between the Parties. Advertising and Promotion: DazzlingHosts may from time to time, in connection with advertisements, events, seminars, and specialized publications within the professional markets, indicate the services provided to the Customer, on its commercial documents and/or in its annual report.
+++++++++++++++++++SPECIAL CONDITIONS FOR BETA TESTING PHASE ++++++++++++++++++++++++++
DazzlingHosts is opening a betatest under the following terms and conditions:
These special conditions will supplement the general conditions and terms of service from DazzlingHosts and are intended to define the technical and financial conditions by which DazzlingHosts is developing a beta-test for the Service purchased by a Customer.
The beta test will hereafter be defined as the portion of the development process of the Service which will allow the Customer to use it before it is marketed effectively in order to participate in its improvement and to find any and all possible residual dysfunction.
These special conditions shall take precedence over the general conditions should any conflict arise between these two documents.
As part of the provision of the Service, DazzlingHosts provides the Customer a Service in the beta-test (hereinafter referred to as "the Service") to allow for the implementation of large-scale testing and verification of the proper functionalities of Service ahead of its effective marketing
CONDITIONS FOR THE REALISATION OF BENEFITS:
The Customer will acknowledge the specificities of the Service (including its price and terms of service) from the Website of DazzlingHosts.
DazzlingHosts reserves the right to bill or deny access to the Service. Similarly, the number of users of the Service, methods to access the features of the Service will be determined by the sole discretion of DazzlingHosts and may be modified as DazzlingHosts see fit.
When the service is being billed, by default, it will be done under the provisions described in the Terms of Service. DazzlingHosts reserves the right to res trict any billing arrangements (particularly relating to means of payment available). Only information contained on the DazzlingHosts site or in the DazzlingHosts management interface of the Client shall prevail in the case of any challenge.
The Customer will confirm they have the technical knowledge necessary to ensure proper administration of the Service, particularly regardi ng the safeguarding of its data.
The Customer is responsible to ensure the full use of the Service. DazzlingHosts's responsibility can be incurred due to a malfunction of the Service resulting from the misuse of the Service by the Customer.
The Customer agrees to use this service fairly and safely. In the case of any abnormal use of the Service, DazzlingHosts reserves the right to interrupt as provided by Article 7 hereafter.
Customer may be asked to provide feedback on DazzlingHosts to enable DazzlingHosts to improve the Service.
The feedback will be made by various means which will be put in place by DazzlingHosts (including private mailing lists). DazzlingHosts provides Customers with all the data and feedback will not be forwarded by DazzlingHosts to third parties outside of its own subsidiaries
OBLIGATIONS AND LIABILITIES OF DazzlingHosts
DazzlingHosts does not guarantee any stability, reliability, or availability of the service. The responsibility of DazzlingHosts may be incurred in the event of damage and/or loss of data stored, recorded, posted online by the Customer via the Service.
DazzlingHosts reserves the right to terminate a Customer's Service if it constitutes a danger to the continued safety of DazzlingHosts's hosting platform, particularly in cases of piracy of Customer Service, the detection of a flaw in the security system, or use of the Service in a means which does not comply with general or specific conditions of DazzlingHosts.
DazzlingHosts cannot be held responsible for the content of information, sound, text, images, form elements, data available on the Customers Service, transmitted or uploaded through the Customers Service in any capacity whatsoever.
DazzlingHosts cannot be held responsible for not respecting all or part of any obligation and/or failure of the operators of the worldwide transport network s to the Internet, especially for the customer and, his or her providers.
DazzlingHosts makes no specific safeguard of any data stored on the Customer's Service. It is therefore the duty of the Customer to take all necessary measures to protect their data if loss or damage should occur to said data entrusted, whatever the cause, including those not specifically mentioned herein. DazzlingHosts provides no security for the consequences of the use of the Service by the Customer, particularly as regards accessibility, storage, sec urity and the preservation of its data.
DazzlingHosts refers to this in order to point out to the customer that it is not advisable to store data on the Service during the beta testing phase, especial ly files of vital or essential to the customers activity. The Marketing and continuity of the service after the beta test are not guaranteed by DazzlingHosts.
OBLIGATIONS AND LIABILITY OF THE CUSTOMER:
•> Therefore the Customer agrees to bear all risks (such as including instability, dysfunction, loss of data ...) related to this phase.
•> Customer may be asked to provide feedback during the regular use of the service during the beta-testing phase via different channels previously established and made available by DazzlingHosts.
•> The Customer acts as an independent entity and therefore assumes all risks and perils of their activity. The Customer is solely responsible for the use of the Service, the content of information transmitted, distributed or collected, any operation(s) and updating, and all files, including mailing lists.
•> The Customer shall undertake to respect the rights of third parties, personal rights, rights of intellectual property such as copyrights, patent rights or trademarks. Accordingly, DazzlingHosts will not be held responsible for the content of any information transmitted, distributed or collected, their operation and their updating, regarding all files, including files and addresses in any capacity whatsoever . The customer may not use the Service to make any content publicly available for which it does not hold the rights to and thus violate the pr ovisions on copyright or intellectual property law.
DazzlingHosts can only warn the client about the legal consequences arising from illicit activities during the use of the Service, and identify any joint liability on the use of the data made publicly available by the Customer.
The Customer agrees not to use the Service for illicit or illegal purposes such as, in particular: spamming, intrusion or intrusion attempt from Servi ce (not limited to : port scanning, sniffing, spoofing...).
With these assumptions, DazzlingHosts reserves the right to terminate immediately the contract of any customer, without prejudice to any damages which could be claimed from DazzlingHosts.
•> The Customer alone shall bear any consequences relating to malfunction of the Service which are resulting from any use by its staff or an y person whom the Customer has provided his (or her) username(s) and password to. Similarly, the Customer alone bears the consequences of the loss of the passwords mentioned above.
•> The Customer is responsible for fulfilling any license or right to use contracted with DazzlingHosts or any third party. Otherwise, DazzlingHosts reserves the right to suspend the Service without notice.
•> DazzlingHosts reserves the right to exercise controls over the compliance of the use by the Customers Service to ensure these provisions are met. DazzlingHosts reserves the right to suspend the Service without notice, for non-compliance by the Customer in relation to the special and general conditions of DazzlingHosts and, in general, of all laws and regulations, as well as rights others.
DURATION OF THE CONTRACT:
•> The beta test is not intended to be permanent, the contract will be conducted for an indefinite period. DazzlingHosts reserves the right to suspend at any time the beta-testing phase. Wherever possible, DazzlingHosts will provide advance notice to users of the Service through a message on the mailing list created for the beta test phase, and again on the website or DazzlingHosts forum, or by any means that DazzlingHosts considers necessary.
•> DazzlingHosts can be allowed to not renew the service at the end. In this case DazzlingHosts will endeavour to give prior notice to the Client and proceed to erase all data stored by the Customer on the Service. The Customer agrees thereby to carry out the repatriation of its data before the end of the beta-test phase.
TERMINATION, SUSPENSION AND LIMITATION OF SERVICE:
•> Non-compliance by the Customer relating to the provisions detailed in Article 5 of these special conditions of service for the beta test phase, including any activity specifically prohibited by DazzlingHosts and/or any content specifically prohibited DazzlingHosts services which are likely to rise to civil iability and/or criminal and/or likely to prejudice the rights of a third party lead to the right of DazzlingHosts to disconnect the terminal and/or suspend without delay and without prior notice of the Customer Services and to terminate immediately the contract, without prejudice to any damages which could be claimed by DazzlingHosts.
•> Under this contract, for any reason, DazzlingHosts may proceed to delete any and all the files on the Customer's Service.
•> DazzlingHosts reserves the right to restrict, limit or suspend services without notice or compensation if it appears that the Customer is using the services provided to them for any activity, whatsoever, that does not comply with the contractual terms of 'DazzlingHosts' or does not match the purposes of a test being conducted as part of the beta-test phase.
•> The Service may still be restricted, limited or suspended when the special conditions applicable to each type of service provided by DazzlingHosts provide this sanction as a result of a breach.
•> In any event, the measures for restriction, limitation or suspension of the service shall be exercised according to the seriousness and recurrence of a failure. They are determined according to the nature of the deficiencies found. Not by default.
•> The Customer agrees in advance that DazzlingHosts may perform a restriction, limitation or suspension of the Service offered should DazzlingHosts receive a notice to that effect notified by a competent authority, administrative, arbitration or judicial settlement in accordance with laws and regulations.