BladeNode. Terms of Service

BladeNode (“us”, “we”, “our”, “the company”) provides hosting for one, or more, of your websites or services so long as you, the client (“your”, you”, “the client”, “client”, “person”, “owner”), follow these terms of service and other agreements relating to the service we provide to you. We will provide services according to the specfications listed for our shared hosting packages, VPS servers, Dedicated Servers or our Server Co-location packages that you select when ordering services from us. In this agreement, the word services related to a package, service or product we provide to you, the client. This includes affiliate accounts, which are also bound by these terms.

Permission to host your content

You grant explicit permission to store and upload files, media or data relating to your website, services or products on our servers. When you upload data to your website, whether that be one or multiple copies, will be stored on our systems. You give us explicit permision to maintain these copies, store them, and make them available to people on the internet in order to facilitate usage of your website and our services. You are solely responsible for the content, media and data that make up your website. BladeNode is not a backup solution. We urge you to retain a backup copy of the files and data related to you website, including it’s files, databases and media so that you may upload them again at any time or in the event of a technical issue, such as server failures, technical issues or a systems related issue that may result in the loss of content, files and media.

Personal Information

When you place an order with BladeNode, your personal information which may include credit card information, address and full name is transmitted over the internet using encrypted communication via the use of Secure Socket Layer (“SSL”) technology. SSL is an industry standard for encrypting data as it is transfered through the internet to our services. BladeNode takes privacy very seriously, and as such, will not sell, transmit or give your personal information to a third-party. We will take reasonable steps to keep your information from being disclosed to any third party. By using our servics, or buying a service from BladeNode, you consent to BladeNode processing and storing your information that we collect from you in accoradnace with our Privacy Policy. We may use this information we hold about for the following purposes;
– Internal Review
– Improve the content of our website
– Customise the content, layout or services for each individual.
If you have any questions, comments or requests regarding our data processing practices, please reach out to our support team.

Backups

We will make every attempt to retain a backup for our shared and semi-dedicated hosting services. As with any data storage system, backups may fail. We encourage you to perform your own periodic backup. Our services permit you to electronically transmit, upload or download content directly to your services, as such you are fully responsible for the content on your services. This includes all backups.

– BladeNode is not responsible for any damage to your files, media or content, or any malfuctions. We are not responsible or liable for any service malfunction, loss or damage to your files, services, products or content, nor any aspect of your website.
– You are solely responsible for keeping periodic backups of your content, files, databases and related services.
– BladeNode does not offer any gaurantee that the contents of a website will never be deleted, corrupted or that a backup will always be available for a user. Users should always retain an up to date copy of any material uploaded to our services, either offline or accessible to them in the event of an outage.

Acceptable Usage

BladeNode endeavours to maintain a high level of service. We will not provide services, and may terminate at our discretion, any client who uses our services in a way that negatively impacts our services. You are forbidden from doing the following;

– White Hat Hacking, Black Hat Hacking, Grey Hat Hacking, or any form of hacking that includes the miuse of computer equipment. This includes but is not limited to; attempting to access, without authorisation, another computer or network. You may not use tools such as port scans, or any scan that indicates what services are running on a target server or service, including BladeNode’s services. You may not use our services for fradulent credit card “phishing” techniques, or any such tool that enables you to gain sensitive information such as credentials or personal information.
– Using our services to store, transmit or share data, files or media that infringes on the intellectual property or copyright of another person.
– Using our services to send or transmit, in bulk, any traffic, emails or data. This includes the sending of unsolicited emails. We refer to this as spamming, or denial of service requests (“DoS requests”). We reserve the right to bill for such unsolicited use of traffic, emails or data.
– Using our services to upload or link to any content that violates or infringes upon the copyright or intellectual rights of another person.
– Using our services to distribute hate speech, obscene content, or any content which may be considered libelous and defamatory.
– Using our services to host large aounts of data not specfically tied to or linked to your services. All domains must be pointed to the services they’ve been registed with, regardless of any active hosting service making use of them. Failure to do this could result in your services being terminated.

Content

All services provided by BladeNode may only be used for lawful purposes under United States law. You, the client, agrees to indemnify and release BladeNode of any liability from any claims resulting from the use of our services.
The use of our services to infringe upon any copyright, trademark or intellectual property is prohibited. This includes, and is not limited to, unauthorised music, books, photographs, images, digital content and any other copyrighted or trademarked content. The offer of sale of any counterfeit products and merchandise will result in the inmediate termination of your services with BladeNode. Should you believe your content, copyright, trademark or intellectual property is being infringed upon, please reach out to our abuse team with information to prove you are the rightful owner.

Unacceptable Materials and Services

This section applies to all services offered by BladeNode, including our hosting packages, virtual private servers (“VPS”), dedicated servers and servers managed by us in either our datacenter or a datacenter we use (“colocation”).
BladeNode services, including all related equipment, networks and network devices are provided only for authorized customer use. We do not screen or pre-screen content that customers post to their website We do not systemically monitor content that is submitted to, stored on or disbutred nor disseminated by you, the client, via our services. BladeNode reserves the right, at our discretion, to monitor for and seek out content that does not abide by these terms or may not be lawfully stored on our services. Any material, in our judgement, that could be considered adult content, threatening, illegal or violates our terms of service in any manner may be removed from our services or otherwise disabled, with or without notice. Failure to respond to notification from our abuse department within twenty-four (“24”) hours may result in the suspension or termination of your services. All abuse issues must be dealt with via our support ticketing system, or email within 24 hours. If in doubt, regarding the acceptability of your site or service, please email our abuse department or contact us via our support system. BladeNode clients who are authorized to sell BladeNode services (“Resellers”) will be notified by us and give details as to whether the client must be terminated or suspended. Failure to comply with our terms or with any notice we send you may result in the termination of your account.

You are prohibited from using, installing, distributing or downloading the following:
– Internet Relay Chat (“IRC”) Client(s)
– IRC Server(s)
– IRC Network(s)
– Proxy Script(s) and tools to mask your identity such that tools to trace your usage identify BladeNode services as being responsible
– Pirated Software (“Warez”)
– Peer to peer transferable files (“Torrent files”) or any site that provides access to such files
– Affiliate Services unless otherwise authorised by BladeNode
– A site that shares Warez or Torrent Files, this is also known as a “topsite”.
– Commercial audio streaming
– Escrow
– High Yield Interest Programs (“HYIP”), pay day loans or related websites
– Investment Sites, such as FOREX, e-gold exchange
– Any service that sells or allows purchase of any controlled substance without prior proof of appropriate permits
– A traffic exchange site that automatically rotates advertised websites (“autosurf”)
– Bank Debentures
– Bank Debenture Trading Programs
– Prime Bank Programs
– Lottery sites
– Hate sites
– Hacking focused websites that store, archive and make available programs
– Any site that promotes illegal activities
– IP Scanners
– Programs or files that make many attempts to decrypt or calculate passwords or any other information (“Brute Force”)
– Programs or files that send out large amounts of emails, or traffic to disrupt an email inbox (“Mail Bombers”)
– Programs or files that post large of messages, media or content in an effort to flood systems (“Spam”)
– Forums or websites that distrbute or link to Warez and Torrents
– Transmitting, sharing, storing any video or audio files, games, streams or copyrighted material
– Transmitting, sharing, storing any shareware programs, files or code
– Transmitting, storing or using a BladeNode service for a backup or storage utility, with the exception of one backup of the same account. Dedicated, VPS and colocation services are exempt from this rule.
– Run any game server program. Dedicated, VPS and colocation services are exempt from this rule.
– Run cron entries with intervals of less than 5 minutes. Dedicated, VPS and colocation services are exempt from this rule.
– Run any program or files that may result in the greater than 25% usage of system resources. Dedicated and colocation services are exempt from this rule.
– Programs or files that may crawl the internet in an attempt to index other websites (“spiders”, “web crawlers”)
– Programs, software or files that attempt to calculate or store files in exchange for cryptographic currency (“Crypto mining”)
– Services that utilise central processing unit (“CPU”) idle time to offering computing power for a service, such as Folding@Home
– Potential content that is harmful to minors
– Any content that includes indecent images, video or content of children or any content that is perceived to be child pornography. Any site found to host child pornography, or link to child pronography, will be suspended and terminated immediately without notice and reported to the authorities.

Violations

Direct customers of BladeNode services may be suspended or terminated without notice. Violations will be reported with the appropriate enforcement agencies. As a client, it is your responsibility to ensure that scripts, programs and content installed under your account is secure and the appropraite permissions are used. In Linux, this is usally 644 for files, and 755 for directories, but greater restrictions may be needed. It is advised to restrict things as much as possible. You are ultimately responsible for all actions taken under your account. This includes compromised data. We require that all usernames and passwords are secure, and we may audit systems to prevent weak credentials from being used. Should BladeNode decide to perform an audit and your credentials are found to be vulnerable, we will notify you and allow time for you to change and update them. Large files, determined to be greater than one-thousand-and-twenty-four mega bytes (“1024MB”) should not take up more than forty percent (“40%”) of your account.

Unmanaged Services

BladeNode offers unmanaged services. An unmanaged service is defined as a service offered to you, the customer, with no assistance, support or security from us, BladeNode. Unmanaged services agree to abide by the rules of this Terms Of Service agreement, and should check back regularly as terms may be updated. BladeNode is not liable for any damages, loss of data, distributed denial of service attacks, denial of service attacks or security vulnerabilities that your service may have. We offer the service as-is, with the expectation that you, the customer, will maintain, secure and mitigate attacks or security issues as they arise. BladeNode will only offer basic troubleshooting when asked and BladeNode reserves the right to charge you for such troubleshooting. BladeNode will offer root password resets, resolve issues with IP addresses, whether null-routed or otherwise, and provide assistance with the following panels: Pterodactyl, AAPanel, Webuzo, DirectAdmin, MultiCraft, BladePanel and cPanel, at no extra cost to the customer.

Zero Tolerance SPAM Policy

We take a zero-tolerance stance against sending unsolicited e-mails, bulk emailing, and SPAM. Any user who sends out spam may have their account suspended or terminated without notice. Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or USENET/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated. BladeNode reserves the right to require changes or disable as necessary any website, account, database, or another component that does not comply with its established policies or to make any such modifications in an emergency at its sole discretion. BladeNode reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean-up fee. This cost of the cleanup fee is entirely at the discretion of BladeNode.

Bandwidth, Disk Usage, Email and FTP accounts, and other Unlimited Resources

BladeNode. Provides Users with bandwidth, disk space and other resources, such as e-mail, MySQL databases, and/or file-transfer-protocol (“FTP”) accounts, the amount of which is defined in BladeNode.’s web pages describing the package of Services purchased at the time of purchase. In some cases, BladeNode. May not establish a specific amount of bandwidth, disk space, and other resources, and refer to that as “Unlimited”. In all cases, the Services are intended for regular use only, and any activity that results in excessive usage that is inconsistent with standard usage patterns is strictly prohibited. BladeNode. Reserves the right to suspend, discontinue or delete the accounts of Users whose use of disk space, bandwidth or other resources results in or presents the risk of degradation of service to other customers, regardless of the amount of disk space, bandwidth or other resources included in the User’s plan. User agrees that such usage shall not exceed the amounts set by BladeNode. for the Services purchased (the “Agreed Usage”) and is additionally subject to reasonable usage guidelines established by BladeNode. As in effect from time to time. These allotments are optimized and dedicated to serving the Content and User’s active electronic mail services related solely to User’s web hosting account(s) with BladeNode… Hosting space is intended for regular use only, and is limited to Web files, active e-mail and content of the hosted Web sites, not for storage (whether of media, e-mails, or other data). Hosting space further may not be used as offsite storage of electronic files, electronic mail, or FTP hosts. You are responsible for removing any files, e-mails, or other data which do not meet these requirements, and for adhering to any usage requirements or limits allocated to your account(s). Failure to do so may result in the removal and deletion of such materials (including without limitation files and e-mails), and/or in discontinuation of your services or account, which actions we may take in our sole discretion. BladeNode. May monitor User’s use of bandwidth, disk usage, and other resources. BladeNode., in its sole discretion, shall have the right to take any corrective action if User’s utilization of bandwidth, disk usage or other resources exceeds the Agreed Usage, or normal usage by our typical shared hosting customer, resource usage, or is used for other improper storage or usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, removal or deletion of User’s Web site, User Content, User’s electronic mail and e-mail services and/or other materials and services or termination the User’s account and of this Agreement, which actions may be taken in BladeNode.’s sole and absolute discretion.

Unlimited Domains

BladeNode’s unlimited domain policy refers to the use of subdomains, parked domains and add-on domains. This does not mean we will provide an unlimited number of domains to you at no cost. In all cases, even those described as “unlimited”, domain usage is subjected to acceptable usage. Any activity that constitues an exccesive usage that is inconsistent with standard usage patterns is strictly prohibited. BladeNode reserves the right to suspsend, discontinue or terminate the services of users who break acceptable usage guidelines.

Shared Services

Our shared services are suitable for the bulk of our customers, there comes a time for some websites when they are better suited for a larger plan, which allows for more dedicated CPU and memory resources. We reserve the right, in our sole discretion, to discontinue service to any customer with a website or other hosted data that takes up more than 10% of the server resources and/or 10% of the server’s CPU. This means that if your website is found to be utilizing more than 10% of the CPU and memory of the service, we reserve the right to take your site offline. If this becomes necessary, you can either upgrade your hosting package or request a pro-rated refund of the amounts you have paid in advance for the services. Due to the severity of this, and our ability to act quickly to correct these situations to avoid server issues, we will do everything reasonably feasible to provide you with a warning prior to taking your site offline, but we accept no obligation to do so.

VPS Hosting

Along with the list stipulated in Unacceptable Materials and Services, clients using our VPS services may not:

-Abuse the fair share CPU policy. We are constantly monitoring our servers, and we request you keep your server load below 5.00 to keep our servers stable for everyone. You can check your server load via SSH using the command “uptime” without quotations.

Service Availability

BladeNode endeavours to provide availability twenty-four hours a day, seven days a week providing you have paid for the service and your account is up to date. There may, however, be times when our services are unavailable to you. By using our services you recognise and ackowledge that sevices may occasionaly be unavailable, and that some service outages may not be avoidable. Service outages may be caused by numerous reasons, including defective equipment, abuse of services, power outages and planned maintenance. BladeNode makes no garauntee that your services will be available at all times. BladeNode instead provides a 99.9% availability guarantee. We offer a thirty (“30”) day money back gaurantee on our shared services. Upon cancellation of your account you may request a refund for the remainder, or unused portion, of your term excluding any setup fees, domain registration fees or transaction fees. All refunds are subject to a $20 domain registration fee charge, upon payment of such charge you will have the ability to move your domain to another registrar. To cancel your account, please contact our support team and request that your account be terminated, either immediately or at the end of the current billing term. BladeNode also reserves the right to refuse and temrinate accounts based on client hostility towards staff.

Cancellations and Refunds

BladeNode reserves the right to cancel and terminate accounts at any time, without notice. We reserve the right to terminate services for hostility towards staff, abuse of services, failure to abide by these terms or violation of any BladeNode policies. BladeNode reserves the right to refuse service at any time and for any reason.
Customers also reserve the right to cancel their services with BladeNode at any time, via the Cancellation Form on our website, or through our support system. We will not refund cancellations in the middle of a billing period subject to our 30 day money back terms, and if customers wish to cancel we advise that they do so before their next billing period. We will not issue a refund on domain services, SSL certificates, dedicated services, colocations services or VPS services. Refunds can only be issued for shared hosting services. BladeNode advises clients that cancellations will not be accepted if they have outstanding invoices. Clients also acknowledge that any disputes opened with their payment provider after services have been supplied will be classed as a deliberate act as theft. All cases of theft will be reported to the applicable law enforcement agencies. BladeNode will seek damages for such actions. We also advise clients that full or partial refunds on payment provider disputes, such as PayPal, once an account has been activiated will not be authorised.

Payments

You, the client, agree to pay BladeNode for your services on the agreed billing date on your invoice. This is usually the same day every month, and begins when you purchase a service from BladeNode. Should more than five (“5”) days pass from an invoice date and BladeNode has not recieved payment in full, we shall suspend your account pending payment and an additional ten percent (“10%”) late fee. Should payment not happen within fifteen (“15”) days of the invoice date, BladeNode will terminate your account and permenantly delete all data associated with the account. Should payment be made within 15 days, your services will be restored. BladeNode waives all liability for your data should you fail to make payment on the agreed upon date. Invoices will be issued fourteen (“14”) days in advance, and your payment method may be charged up to five (“5”) days before the invoice date to ensure we have recieved the funds in time.BladeNode is unable to process orders using virtual cards, pre-paid cards or gift cards as we are unable to verify them. In such cases, it’s advised you pay through a payment provider, such as PayPal, if you ahve no other valid form of payments.

DMCA Copyright Infringement Information

In accordance with the Digital Millennium Copyright Act, we have adopted a policy to suspend or terminate the accounts of website owners found to be in violation of copyright. We respect the intellectual property of others, and we ask you to do the same. We may, in appropriate circumstances and at our discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent (identified below) the following information:

– An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
– A description of the copyrighted work or other intellectual property that you claim has been infringed;
– A description of where the material that you claim is infringing is located on the site;
– Your address, telephone number, and email address;
– A statement by you that you have a 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 or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Changes to the Terms of Services

We reserve the right to revise its policies at any time without notice. Please check https://bladenode.com/legals regularly for updated terms.

Indemnification

If BladeNode. Is sued or threatened with a lawsuit from a third party because of something you do with the services, or as an affiliate, you agree to pick up the tab if BladeNode. Is found liable or pays to settle the dispute. In legal terms, this is called “indemnification.” Not only do you agree to reimburse BladeNode. For what it pays to satisfy a judgment or settle a case, you also agree to pay BladeNode.‘s reasonable attorney’s fees and all other costs BladeNode. Incurs in defending itself.

Disclaimer of Warranties

You may have noticed that up to this point, these terms of service have been kind of easy to read and understand. But our lawyers tell us that this section, dealing in the disclaimer of warranties, has to retain its legalese style. Sorry about that. Stafford’s Enterprises, LLC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Stafford’s Enterprises, LLC. MAKES NO WARRANTY THAT ITS SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. Stafford’s Enterprises, LLC. 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. Some jurisdictions do not allow the disclaimer of implied warranties, in which event that foregoing disclaimer may not apply to you.

Limitation of Liability

Here is another section that has to retain its legalese. Simply stated, what this section is saying is that if something goes wrong, Stafford’s Enterprises, LLC. Cannot be held liable for it. IN NO EVENT SHALL Stafford’s Enterprises, LLC. BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTIES, EITHER EXPRESS OR IMPLIED, ANY BREACH OF THIS AGREEMENT OR ITS INCORPORATED AGREEMENTS AND POLICIES, YOUR INABILITY TO USE THE SOFTWARE OR SERVICES, YOUR LOSS OF DATA OR FILES OR OTHERWISE, EVEN IF Stafford’s Enterprises, LLC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states may not allow such a broad exclusion or limitation on liability for damages as contained in these terms of services. In those states, our liability is limited to the full extent permitted by law. You agree that in no event shall our maximum aggregate liability exceed the total amount paid by you for a 3-month period for the services in dispute purchased from us, or, in the event of liability of Stafford’s Enterprises, LLC. Due to your enrollment in the affiliate program. Governing Law and Choice of Form The laws of the United States, the State of Kentucky will govern this Agreement, without reference to rules governing the choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in Lexington, Kentucky. By using BladeNode. Services you agree to the above terms of service as in effect from time to time.

Copyright Infringement Policy (DMCA)