Terms of Service

CommonLogs Terms of Service Agreement

The following Terms of Service Agreement (hereinafter referred to as "Agreement") is between Blitline, LLC (Parent company of Commonlogs.com), a Washington Limited Liability Company (hereinafter referred to as "Blitline"), and "Customer".

In consideration of the mutual promises contained herein, the parties agree as follows.

Section I. General Terms of Service

1. This Agreement supersedes any other written or oral agreement reached between Blitline and the Customer.

2. Blitline will provide Products and Services in exchange for payment of fees and compliance with the terms and conditions of this Agreement.

3. Blitline Services are defined as the use by the Customer of computing, telecommunications, software, and information services on the network connection to the Global Internet provided by Blitline.  These services also include the provision of access to computing, telecommunications, software, and information services provided by others via the Global Internet.

4. Blitline DISCLAIMS ALL IMPLIED WARRANTIES AND SIMILAR OBLIGATIONS INCLUDING BUT NOT LIMITED TO THOSE OF FITNESS FOR A PARTICULAR PURPOSE, AND MERCHANTABILITY, WHETHER OTHERWISE ARISING BY LAW, CUSTOM, USAGE, TRADE PRACTICE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. There are no warranties which extend beyond those express warranties contained in the Service Level Agreement (SLA). Customer affirms that it has not relied upon Blitline's skill nor judgement to select or furnish the services for any particular purpose.

5. Blitline shall not be liable to Customer or any other person or entity for any indirect, punitive, consequential, special, or incidental losses or damages that arise out of or relate to this Agreement or the services or licenses provided hereunder, for any reason whatsoever, regardless of the claim or cause of action, including, without limitation, breach of contract, breach of warranty, negligence, strict liability or otherwise. The remedies set forth in the Service Level Agreement shall be Customer's sole and exclusive remedies for any claims relating to the services.

6. The Customer agrees that it shall defend, indemnify, save and hold Blitline harmless from any and all claims, demands, liabilities, losses, costs, including attorney’s fees, asserted against Blitline, its agents, its customers, servants, officers, and employees, that may arise or result from any product or service provided or performed or agreed to be performed by Blitline, which cause direct or indirect damage to another party or to the Customer.

7. This agreement is not assignable by Customer, in whole or in part, voluntarily or involuntarily, including by operation of law or by merger in which Customer does not survive, without the prior written consent of Blitline.  Any attempted assignment without the written consent of Blitline will not be valid.

8. This agreement shall be governed by and construed in accordance with the laws of the State of Washington, King County, without regard to choice of law provisions that would cause the application of the law of another jurisdiction.

9. Blitline reserves the right to terminate service for any reason with twenty-four hours notice.  Blitline does not forfeit any rights under this agreement by terminating service. Blitline reserves the right to refuse service to anyone at any time for any reason.

10. This agreement will begin on the date the services are installed and made available to the Customer and will be valid until the end of the calendar month.  The agreement will automatically renew for successive one calendar month periods until terminated by either party.

11. Customer acknowledges that it may have access to certain confidential information of the other party concerning Blitline’s business, plans, customers, technology, products, and services ("Confidential Information").  Confidential Information shall include, but not be limited to, Blitline’s proprietary software, technology and trade secrets and customer information, to the extent identified as confidential or proprietary, and the terms and conditions of this Agreement.  Communications between Blitline and Customer are confidential and shall not be disclosed to any third party for any reason (except those required by law). Customer agrees that it shall not use in any way, for its own account or the account of any third party, nor disclose to any third party (except as required by law), any of Blitline’s Confidential Information and shall take reasonable precautions to protect the confidentiality of Confidential Information.  Information shall not be deemed Confidential Information hereunder if such information:

a. is rightfully known to the Customer prior to receipt from Blitline directly or indirectly from a source other than one having an obligation of confidentiality to the Blitline;

b. becomes known (independently of disclosure by the Blitline) to the Customer directly or indirectly form a source other than one having an obligation of confidentiality to the Blitline;

c. becomes publicly known or otherwise ceases to be secret or confidential, or is independently developed by the Customer.

12. Either party shall excused from any delay or failure in performance hereunder, other than the payment of money, caused by reason of any occurrence or contingency beyond its reasonable control, including but not limited to, acts of God, earthquake, hurricane, acts of terrorism, labor disputes and strikes, riots, war, and governmental requirements. 

13. The Customer and all of Customer’s end users shall use Services in accordance with Blitline’s Acceptable Use Policy (AUP).

14. Upon thirty (30) days notice, published on Blitline’s web site, Blitline may modify or amplify these terms and conditions as well as discontinue or change the services offered.

15. The Customer has authority to enter into this agreement on behalf of their Company, if applicable.

16. Upon signup and submission of the first payment, the Customer certifies that it has read and agrees to be bound by the Agreement.  Payment for and utilization of Blitline products and services signifies that Customer has read and agree to be bound by the current version of the Agreement. The current version of the Agreement may be obtained from Blitline's web page at http://www.commonlogs.com/terms. Customer acknowledges that it is their responsibility to check for updates to the Agreement on Blitline's web page. These terms were last modified on March 4, 2017.

17. The customer must submit payment by credit card, PayPal, BitPay or other acceptable payment method as determined by Blitline by 5:00 PM local time (US Eastern Time) on the due date of the invoice. Failure to make payment on time may result in the interruption of all services on the Customer's account. If the Customer's service is interrupted, a $35 reactivation fee per service may be imposed at the discretion of Blitline. Service interruption does not cancel the Customer's service. Blitline may terminate the services for non-payment after seven (7) days.

18. All services are billed in full increments of the billing term (with the exception of the first month for certain plans).

19. If the Customer's account becomes past due, interest will accrue on the current account balance at the rate of one and one half percent (1.5%) per month or at the maximum interest rate allowed by law until all account balances are paid. The customer agrees to pay all collection costs, including attorneys' fees, if applicable.

20. All payments are non-refundable. The Customer is responsible for cancelling any recurring payments setup through third-party payment systems (such as PayPal subscription payments). Any excess funds sent to Blitline will be stored as an account credit to be applied toward future invoices.

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22. If any payments are returned as a result of a dispute, insufficient funds or otherwise charged back ("returned payment"), Blitline may impose a $35 returned payment fee.  Service may be interrupted or terminated as a result of a returned payment. If service is interrupted, service will not be restored until the returned payment is repaid in addition to the $35 returned payment fee. If service is terminated, the customer is not entitled to a refund and is prohibited from any further use of Blitline services until the $35 returned payment fee is paid.

23. Blitline makes no guarantee of confidentiality or privacy of any information transmitted through or stored upon Blitline technology, and makes no guarantee that any other entity or group of users will be included or excluded from Blitline's network. In addition, Blitline may periodically monitor transmissions over its network for maintenance, service quality assurance or any other purpose permitted by the Electronic Communications Privacy Act, P.L. No. 99-508, as amended.

24. Customer grants Blitline a first priority blanket security interest in the equipment which the Customer has colocated with Blitline. In the event of non-payment by Customer, Customer agrees that Blitline may sell the Customer's equipment to satisfy the account balance owed to Blitline by the Customer. Any amounts collected from any sale of the Customer's equipment in excess of the balance owed will be returned to the customer within ten (10) business days.

25. In order to protect against fraudulent orders, Blitline requires the name submitted in new orders to match the name on the payment account. Additionally, Blitline may choose to not accept payments from unverified payment accounts. Blitline may request a government-issued photo identification (such as a passport) and/or a recent utility bill with the Customer's name and address listed as a form of order verification. The Customer agrees to provide this information, if requested.

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27. All Internet Protocol Addresses ("IP Addresses") assigned by Blitline to the customer for use with the products and services remain the property of Blitline. After the termination of services, the customer must immediately vacate and return all IP Addresses.

28. All requests for IP Addresses must be justified. Blitline will be the sole arbiter as to whether or not the justification provided by the Customer is adequate. Blitline may request additional information to comply with requests from the American Registry for Internet Numbers (ARIN). The customer agrees that any information provided may be shared with ARIN.

30. Promotional pricing (including but not limited to advertised offers and coupon codes) is valid for new customers or for existing customers adding additional services. Customer agrees that if they order a new service under promotional pricing and cancel a previously ordered service, Blitline may remove all promotional pricing on the Customer's account.

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34. EACH OF THE PARTIES HERETO IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY.

Section II. Acceptable Use Policy


This Acceptable Use Policy applies to all persons and entities (collectively, "customers") using the products and services of Blitline, LLC, ("Blitline") including Internet service. The policy is designed to protect the security, integrity, reliability, and privacy of both the Blitline network and the products and services Blitline offers to its customers. Blitline reserves the right to modify this policy at any time, effective immediately upon posting of the modification. Your use of Blitline's products and services constitutes your acceptance of the Acceptable Use Policy in effect at the time of your use. You are solely responsible for any and all acts and omissions that occur during or relating to your use of the service, and you agree not to engage in any unacceptable use of the service.

What uses are Prohibited?

Unacceptable use includes, but is not limited to, any of the following:

1. Posting, transmission, re-transmission, or storing material on or through any of Blitline's products or services, if in the sole judgment of Blitline such posting, transmission, re-transmission or storage is: (a) in violation of any local, state, federal, or non-United States law or regulation (including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations); (b) threatening or abusive; (c) obscene; (d) indecent; or (e) defamatory. Each customer shall be responsible for determining what laws or regulations are applicable to his or her use of the products and services.

2. Installation or distribution of "pirated" or other software products that are not appropriately licensed for use by customer. Warez and any related activities (including hyperlinks on pages hosted on our network). Use of BitTorrent to distribute illegal and/or copyrighted material without the express written consent of the copyright holder.

3. Resale of Blitline’s products and services without the express prior written consent of Blitline (unless you are an authorized wholesaler).

4. Deceptive marketing practices.

5. Actions that restrict or inhibit anyone - whether a customer of Blitline or otherwise - in his or her use or enjoyment of Blitline's products and services, or that generate excessive network traffic through the use of automated or manual routines that are not related to ordinary personal or business use of Internet services.

6. Introduction of malicious programs into the Blitline network or servers or other products and services of Blitline (e.g., viruses, trojan horses and worms).

7. Causing or attempting to cause security breaches or disruptions of Internet communications. Examples of security breaches include but are not limited to accessing data of which the customer is not an intended recipient, or logging into a server or account that the customer is not expressly authorized to access. Examples of disruptions include but are not limited to denial of service attacks, port scans, flood pings, packet spoofing and forged routing information.

8. Executing any form of network monitoring that will intercept data not intended for the customer.

9. Circumventing user authentication or security of any host, network or account.

10. Interfering with or denying service to any user other than the customer's host (e.g., denial of service attack).

11. Using any program/script/command, or sending messages of any kind, designed to interfere with, or to disable a user's terminal session.

12. Failing to comply with Blitline's procedures relating to the activities of customers on Blitline-owned facilities.

13. Furnishing false or incorrect data on the order form contract (electronic or paper) including fraudulent use of credit card numbers or attempting to circumvent or alter the processes or procedures to measure time, bandwidth utilization or other methods to document "use" of Blitline's products or services.

14. Sending unsolicited mail messages, including the sending of "bulk mail", "junk mail" or other advertising material to individuals who did not specifically request such material, who were not previous customers of the customer or with whom the customer does not have an existing business relationship (e.g., E-mail "spam"); or distributing, advertising or promoting software or services that have the primary purpose of encouraging or facilitating unsolicited commercial E-mail or spam. Non-compliance with all relevant legislation and regulations regarding bulk and commercial e-mail, including but not limited to the Controlling the Assault of Non-Solicited Pornography And Marketing Act of 2003.

15. Harassment, whether through language, frequency, or size of messages.

16. Unauthorized use or forging of mail header information.

17. Solicitations of mail or any other E-mail address other than that of the poster's account or service, with the intent to harass or collect replies.

18. Creating or forwarding "chain letters" or other "pyramid schemes" of any type.

19. Use of unsolicited E-mail originating from within the Blitline network or networks of other Internet Service Providers on behalf of or to advertise any service hosted by Blitline or connected via the Blitline network.

20. Exporting, re-exporting, or permitting downloads of any content in violation of the export or import laws of the United States or without all required approvals, licenses and exemptions.

21. Using a shared hosting or reseller hosting accounts for file hosting, data backup storage, or other related services without prior express written approval from Blitline.

22. Any activity related to TOR or any other anonymity networks and/or services.

23. Any activity related to virtual currency mining (Bitcoin, etc.).

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25. Use of any type of virtualization or container (such as qemu or OpenVZ) inside of a Virtual Private Server.

26. Operation of a CDN without prior approval. Shared resource CDNs (including, but not limited to LIULIANGKUANG and JingLing) are strictly prohibited.

27. Any activity related to HitLeap.

No failure or delay in exercising or enforcing this policy shall constitute a waiver of the policy or of any other right or remedy. If any provision of this policy is deemed unenforceable due to law or change in law, such a provision shall be and the balance of the policy shall remain in effect.

Abusable Resources

Upon notification of the existence of an abusable resource (e.g., open news server, unsecured mail relay, or smurf amplifier), the customer shall immediately take all necessary steps to avoid any further abuse of such resource. Any abuse of an open resource that occurs after the customer has received such notification shall be considered a violation of this policy and enforced as such.

Enforcement

Blitline may immediately suspend and/or terminate the customer's service for violation of any provision of this policy upon verbal or written notice, which notice may be provided by voicemail or E-mail. Prior to suspension or termination, Blitline may attempt to work with Customer to cure violations of this policy and ensure that there is no re-occurrence; however, Blitline reserves the right to suspend or terminate based on a first offense. No refunds or credits will be granted for services that are suspended and/or terminated for a violation of this policy.

Questions?

If you are unsure of whether any contemplated use or action is permitted, please contact Blitline by submitting a email to us at support@blitline.com

Section III. Service Level Agreement

Blitline is committed to providing a high quality service to its customers.  As a result of our commitment to high quality, Blitline is pleased to offer the following commitments to our customers:

1. Installation Guarantee

Upon the receipt of an order, payment in full by Customer, and the approval of the sales manager, Blitline will install the ordered product(s) or service(s) for the customer's use within 2 business days.  Blitline may be out of stock from time to time on a particular product or service, in which case, Blitline may delay installation until the product or service becomes available.  If the product(s) or service(s) are not delivered within 2 days, the customer can apply for a pro-rated monthly fee based on the length of the delay.  The customer is responsible for applying for this service credit and providing evidence to substantiate their claim by submitting a support ticket within twenty-one (21) days of the original order date.

2. Network Availability Guarantee

Blitline guarantees 100% uptime on its network.  If the network is unavailable for more than 15 consecutive minutes, the customer can apply for a service credit based on a pro-rated monthly fee equal to the length of the outage.  The customer is responsible for applying for this service credit and providing evidence to substantiate their claim by submitting a support ticket or writing us at support@blitline.com within five (5) days of the outage.

3. Hardware Replacement Guarantee

After technical support diagnoses the problem as a hardware failure on any dedicated server plan, Blitline will replace the faulty hardware component within four (4) hours with a equal or better component.  If the component is not replaced within four hours, the customer can apply for a pro-rated monthly fee based on the length of the delay. 

Scheduled Maintenance

Blitline will notify the customer at least twenty-four (24) hours in advance of any regularly scheduled maintenance.  Blitline will make a best effort to provide as much notice as possible for unscheduled or emergency maintenance. 

Discretion

Service credits will be granted at the discretion of Blitline.  Service credits will not be granted for issues out of the control of Blitline.  The limit of Blitline's liability under the service level agreement is not more than one monthly fee during any six month period. Service credits may only be applied toward future invoices of the service that was impacted. Service credits are not available for any service that is past due at the time of the issue.

Questions?

Please submit a questions at support@commonlogs.com with any additional questions or to apply for a credit under this agreement.