BladeWP provides this website located at www.bladewp.com (“bladewp.com”), all the content under this domain, certain related software, and its services to you subject to the following terms and conditions. By using bladewp.com you agree to be bound by the latest amended versions of this Agreement and BladeWP’s Privacy and Security Policy (see “Modifications” below).
By using the information, tools, features and functionality located on bladewp.com, through any BladeWP APIs, or through any software or other websites that interface with bladewp.com or its APIs (collectively the “Service”), you agree to be bound by this Agreement, whether you are a “Visitor” (meaning you merely browse the bladewp.com website) or you are a “Member” (meaning you have registered with BladeWP). The term “you” or “User” refers to a Visitor or a Member. If you wish to become a Member and make use of the Service you must read this Agreement and indicate your acceptance during the Registration process. If you accept this Agreement, you represent that you have the capacity to be bound by it or, if you are acting on behalf of a company or entity, that you have the authority to bind such entity.
All content included on bladewp.com, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, as well as the compilation of that content into one, coherent website, is the property of BladeWP and protected by international copyright laws. Reproduction of the content of bladewp.com without the written permission of BladeWP is prohibited.
BladeWP, the BladeWP logo, and other BladeWP graphics, logos, page headers, button icons, scripts, and service names are trademarks, certification marks, service marks, or other trade dress of BladeWP or its subsidiaries. BladeWP’s trademarks, certification marks, service marks, and trade dress have inherent meaning and substantial value because of their restricted use. They may not be used in connection with any product or service that is not BladeWP’s, in any manner without BladeWP’s permission. All other trademarks not owned by BladeWP or its subsidiaries that appear on bladewp.com are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by BladeWP or its subsidiaries.
In consideration for accessing bladewp.com and the Service, BladeWP grants you a limited license to access and make personal use of the website. This license prohibits your downloading (other than page caching) or modifying any portion of it, except with express, written consent of BladeWP. This license does not allow resale of BladeWP’s services without BladeWP’s written permission. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of bladewp.com without express written consent of BladeWP. You may not use any meta tags or any other “hidden text” utilizing BladeWP’s name or trademarks without the express written consent of BladeWP. Any unauthorized use automatically terminates the permission or license granted by BladeWP and may incur legal liabilities for any damages.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to any non-password protected directories. You may not use any of BladeWP’s proprietary graphics or trademarks as part of the link without express written permission.
If you are issued an account, you are responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activities that occur under your account or password. BladeWP reserves the right to, under its sole discretion, refuse service, suspend or terminate accounts, or otherwise restrict access to bladewp.com and the BladeWP Service.
BladeWP’s Service allows you to install or utilize certain Third Party Apps (“Apps”). These Apps are provided “AS IS” and governed by their own Terms of Service and Privacy Policies as set forth by the Third Parties that provide them. BladeWP does not endorse and is not responsible or liable for the services or features provided by these Apps you choose to install. You acknowledge and agree that BladeWP shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Apps.
You retain full copyrights in any materials served through BladeWP. Depending on the features you select or Apps you enable, BladeWP may modify the content of your site. For example, BladeWP may detect any email addresses and replace them with a script in order to keep it from being harvested, or BladeWP may insert code to improve page load performance or enable a Third Party App. Depending on the features you enable, you acknowledge BladeWP may:
Intercept requests determined to be threats and present them with a challenge page.
Add cookies to your domain to track visitors, such as those who have successfully passed the CAPTCHA on a challenge page.
Add script to your pages to, for example, add services, Apps, or perform additional performance tracking.
Other changes to increase performance or security of your website.
BladeWP will make it clear whenever a feature will modify your content and, whenever possible, provide you a mechanism to allow you to disable the feature.
As a visitor to bladewp.com and a user of the BladeWP Service, you consent to having your Internet Protocol address recorded and your activities monitored to prevent abuse.
You acknowledge that BladeWP’s Service is offered as a platform to cache and serve web pages and websites and is not offered for other purposes, such as remote storage. Accordingly, you understand and agree to use the Service solely for the purpose of hosting and serving web pages as viewed through a web browser or other application and the Hypertext Markup Language (HTML) protocol or other equivalent technology. BladeWP’s Service is also a shared web caching service, which means a number of customers’ websites are cached from the same server. To ensure that BladeWP’s Service is reliable and available for the greatest number of users, a customer’s usage cannot adversely affect the performance of other customers’ sites. Additionally, the purpose of BladeWP’s Service is to proxy web content, not store data. Using an account primarily as an online storage space, including the storage or caching of a disproportionate percentage of pictures, movies, audio files, or other non-HTML content, is prohibited. You further agree that if, at BladeWP’s sole discretion, you are deemed to have violated this section, or if BladeWP, in its sole discretion, deems it necessary due to excessive burden or potential adverse impact on BladeWP’s systems, potential adverse impact on other users, server processing power, server memory, abuse controls, or other reasons, BladeWP may suspend or terminate your account without notice to or liability to you.
BladeWP reserves the right to investigate you, your business, and/or your owners, officers, directors, managers, and other principals, your sites, and the materials comprising the sites at any time. These investigations will be conducted solely for BladeWP’s benefit, and not for your benefit or that of any third party. If the investigation reveals any information, act, or omission, which in BladeWP’s sole opinion, constitutes a violation of any law or regulation, this Agreement, or is otherwise deemed harm the Service, BladeWP may immediately shut down your access to the Service. You agree to waive any cause of action or claim you may have against BladeWP for such action, including but not limited to any disruption to your website. You acknowledge that BladeWP may, at its own discretion, reveal the information about your web server to alleged copyright holders or other complaintants who have filed complaints with us.
You agree to indemnify and hold BladeWP, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, arising out of your use of the Service, your connection to the Service, your violation of the Terms of Service, or your violation of any rights of another.
Section 13: disclaimer of warranties and limitation of liability
BLADEWP.COM, THE BLADEWP SERVICE, AND DOWNLOADABLE SOFTWARE ARE PROVIDED BY BLADEWP ON AN “AS IS” AND “AS AVAILABLE” BASIS. BLADEWP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF bladewp.com, THE EFFECTIVENESS OF ITS SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON bladewp.com. YOU EXPRESSLY AGREE THAT YOUR USE OF bladewp.com, THE BLADEWP SERVICE, AND ANY DOWNLOADABLE SOFTWARE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BLADEWP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL BLADEWP BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF bladewp.com, THE BLADEWP SERVICE, OR DOWNLOADABLE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
BLADEWP MAKES REASONABLE EFFORTS, BUT DOES NOT WARRANT THAT bladewp.com, THE BLADEWP SERVICE, ANY DOWNLOADABLE SOFTWARE, THE BLADEWP SERVERS, OR EMAIL SENT FROM ANY OF ITS DOMAINS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BLADEWP WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE bladewp.com, THE BLADEWP SERVICE, OR BLADEWP DOWNLOADABLE SOFTWARE INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
BladeWP’s policy is to investigate violations of these Terms of Service and terminate repeat infringers. You agree that BladeWP may, under certain circumstances and without prior notice, immediately terminate your BladeWP account, any associated email address, and access to bladewp.com and associated Services. Cause for such termination shall include, but not be limited to: (a) breaches or violations of the Terms of Service or other incorporated agreements or guidelines; (b) requests by law enforcement or other government agencies; (c) a request by you (self-initiated account deletions); (d) discontinuance or material modification to the Service (or any part thereof); (e) unexpected technical or security issues or problems; (f) extended periods of inactivity; (g) you have engaged or are reasonably suspected to be engaged in fraudulent or illegal activities; (h) having provided false information as part of your account; (i) having failed to keep your account complete, true, and accurate; (j) any use of the Service deemed at BladeWP’s sole discretion to be prohibited; (k) use of fraudulent payment methods; and/or (l) nonpayment of any fees owed by you in connection with bladewp.com and associated Services. Further, you agree that all terminations for cause shall be made in BladeWP’s sole discretion and that BladeWP shall not be liable to you or any third-party for any termination of your account, access to the Service, or any disruption to your services such a termination may cause. You expressly agree that in the case of a termination for cause you will not have any opportunity to cure. You further acknowledge and agree that notwithstanding any termination, your obligations to BladeWP set forth in Sections 2, 3, 4, 8, 9, 11, 12, 13, 23, 24, 25 and 26 shall survive such termination.
BladeWP may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on bladewp.com. In addition, the Agreement will indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Service after those changes are posted.
The Service may provide, or third parties may provide, links to other websites or resources. Because BladeWP has no control over such sites and resources, you acknowledge and agree that BladeWP is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that BladeWP shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content.
BladeWP shall be permitted to identify you as a customer, to use your website’s name in connection with proposals to prospective customers, to hyperlink to your website’s home page, to display your logo on the BladeWP’s web site, and to otherwise refer to you in print or electronic form for marketing or reference purposes.
You agree that, except as otherwise expressly provided in this Terms of Service, there shall be no third party beneficiaries to this Agreement.
The failure of BladeWP to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
You agree that your BladeWP account is non-transferable except with the written consent of BladeWP.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of bladewp.com must be filed within one year after such claim or cause of action arose or be forever barred.
The authoritative version of BladeWP’s Terms of Service is available at: www.bladewp.com/terms. While translations of these terms may be provided in multiple languages for your convenience, the English language version hosted at the link above is binding for all users of bladewp.com, the BladeWP Service, and any BladeWP Downloadable Software.
The headings and section titles in the Terms of Service are for convenience only and have no legal or contractual effect.