WEBSITE GENERAL TERMS OF USE v. 1.0 (the “Terms of Use”)

Effective Date and Last Amended Date: December 1, 2014


Blockless Inc. (“Blockless”, "BL", “we”, “us”, “our”, or “ours”) welcomes you to BL’s website www.blockless.com and any sub-sites thereof (the “Website”). This is an agreement between you and BL and governs your use of the Website and the content thereof. You understand, agree, and acknowledge that these Terms of Use constitutes a legally binding agreement between you and BL and that your use of the Website shall indicate your conclusive and irrefutable acceptance of these Terms of Use and you expressly consent to BL that you and any legal person you represent (collectively referred to as the “Customer”, “you”, “your” or “yours”), without limitation or qualification, to abide by and to be bound by these Terms of Use, and you represent and warrant that you have the legal authority to agree to and accept these Terms of Use on behalf of yourself and any legal person you purport to represent. You are responsible for ensuring that all persons who access our Website through your Internet connection are aware of these Terms of Use and that they comply with them.

BL reserves the right to make changes to the Website and these Terms of Use at any time without prior notice to you. Updated Terms of Use will be posted on the Website and shall be effective immediately. You are responsible to view these Terms of Use prior to use of our Website. Continued use of the Website after any updates constitutes your consent to all changes.

Additional terms and conditions apply to you for certain services. Use of those services require you to agree to specific terms and conditions prior to use.

  1. Copyright and Trademark Information

    Copyright in content, materials and graphical elements on the Website, including site design, text, graphics, interfaces, and the selection and arrangements thereof (the “Content”), are owned by BL or third parties from whom BL has licensed such content (the “Holders”). The reproduction and redistribution of any Content is prohibited except with written permission from the Holders. However, you are granted permission to access and use the Content for the sole purpose of preparing, evaluating, and purchasing BL services through the Website. The BL logo and tag line are trade-marks or service marks of the Holders. You may not use them without the written permission of the Holders. To make a request for permission and/or further information about how to obtain permission please contact: copyright@blockless.com

  2. Third-Party Materials

    Some of the information on the Website has been provided by external sources. BL is not responsible for the accuracy, reliability, and/or currency of the information provided by external sources. Users wishing to rely upon this information should consult directly with the source of the information. Furthermore, you acknowledge and agree that some of the materials and graphical elements found on the Website are subject to copyright held by third parties. In such cases, some different restrictions on the reproduction of materials or graphical elements may apply and it may be necessary to seek permission from the right holders prior to reproducing the materials. To obtain information concerning copyright ownership on the Website, please contact: copyright@blockless.com

  3. External Hyperlinks

    There may be websites linked to and from the Website that are operated and/or created by or for organizations other than BL. You understand that BL does not operate or control these websites nor their content and that links to such websites are provided for your convenience only. You acknowledge that BL is not responsible and has no control over the content located on those third-party websites. Your use of those third-party websites may be subject to terms of use and privacy policies. You should review those terms of use and privacy policies of those third-party websites before usage. Those organizations are solely responsible for the operation and information (including the right to display such information) found on their respective websites. The linking to or from the Website does not imply, on the part of BL, any endorsement or guarantee of any of the organizations or of the information (including the right to display such information) found on their respective websites. You agree that BL does not assume any liability whatsoever for the linking to any of these linked websites, the operation or content (including the right to display such information) of any of the linked websites, nor for any of the information, interpretation, comments, and/or opinions expressed in any of the linked websites. Any comments or inquiries regarding the linked websites are to be directed to the particular organization for whom the particular website is being operated.

  4. Privacy Notice

    At Blockless we are committed to protecting your privacy, and support a policy of openness about how we collect, use, and disclose your personal information. This page summarizes the privacy policy and practices on the Website. BL records and monitors emails and, if applicable, support calls, in order to enhance the professionalism and the provision of service quality of our staff, but BL will not share the information unless required to do so by law. Otherwise, BL does not automatically gather any specific personal information from you, unless required in order to deliver services to you, respond to inquiries, or for legal reasons. We obtain this type of information if you supply it by sending us an e-mail, register for any of our services, leave comments in our blog, or communicate with us via telephone, email, IM chats, and/or our forum. BL employs software programs to monitor network traffic to identify unauthorized attempts to upload or change information, or otherwise cause damage. This software receives and records the IP address of the computer that has contacted our Website, the date and time of the visit, the pages visited, the operating system of your computer, and the specific program used by you. We make no attempt to link the information with the identity of individuals visiting our Website unless an attempt to damage the Website has been detected. BL uses cookies when you login to a secure portion of the Website. The purpose for the cookie is for convenience, (i.e., so that you do not have to re-enter your login information every time you proceed to a different page within the secure part of the Website). BL will not collect any specific and identifiable personal information from your computer. There may be a few other times when cookies are in use. If cookies are in use at any other time and you have your cookies notification option activated on your browser the system will notify you before any cookies are used so that you may refuse them. For a detailed review of our Privacy Policy, please go to: www.blockless.com/privacy.

  5. Use of the Website

    1. You warrant to BL that:

      1. you will not use the Website and any Content thereof;

        1. for any unlawful or prohibited purpose including, but not limited to for purposes that are offensive, unlawful, harassing, libellous, threatening, harmful, obscene, malicious, fraudulent, illegal, and/or immoral.

        2. use the Website for impersonation, misrepresentation, fraudulent statements, and/or the display or distribution of immoral works, and/or illegal works.

        3. to reverse engineer, decompile, translate, disassemble, rent, lease, assign, transfer or redistribute any Content to any other person and/or legal entity;

        4. for any objectionable purposes;

        5. in any manner whatsoever which may cause the Website and the services, to become disabled, damaged, overloaded, or impaired or interfere other visitors’ use and enjoyment of the Website and/or the service;

        6. to obtain or attempt to obtain any materials or information from the Website and the services through any means not intentionally made available or provided for through the Website and/or the services.

        7. to monitor or copy the Website the Content thereof and any services offered therein through any robot, spider, other automatic devices, or manual processes except as specifically permitted in these Terms of Use.

      2. you warrant that you will only use the Website and the Content thereof:

        1. according to the terms and conditions set out in these Terms of Use, any other agreement and terms and conditions that BL and you may have entered in to for the services, and any other applicable federal, provincial, territorial, national, or international laws.

    2. You warrant and represent that you have all necessary right to provide your content and that it does not violate the intellectual property rights or any other rights (such as privacy rights) of any third party.

    3. Any communication or material you transmit to the Website by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like, is and will be treated as, non-confidential and non-proprietary, except as required by law and our Privacy Policy. Anything you transmit or post may be used by us or our affiliates for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, we are free to use, without limitation or restriction, any ideas, concepts, know-how or techniques contained in any communication you send to or through the Website for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and services using such information. Therefore, you grant us an unlimited, worldwide, royalty-free, sublicensable, and non-exclusive license (including the assignment of your moral rights) to use, distribute, reproduce, modify, adapt, publicly perform, and publicly display any of your supplied content in connection with your use of our Website and/or services.

    4. BL assumes no liability or responsibility for any inaccuracies, errors or omissions in any Content. Blockless also assumes no responsibility and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing on the Website or your downloading any materials data text or images from the Website.

  6. Blockless Inc. Services.

    Our services we may offer from time to time are accessible through a secure login portion of the Website. These services are available to you, the Customer on a trial or fee basis for the purpose of using our Smart DNS and Smart VPN. These and any additional services may be purchased and delivered through the Website. All services shall be governed by these Terms of Use and any other applicable agreements entered into between you and us.

     
  7. Your Account, Password and Security

    In order to utilize any service on the Website you must first complete our registration process where you will provide us, if applicable, with your billing and contact information (“Your Account”). You agree to provide and maintain accurate, current and complete Your Account information about you, and any entity on whose behalf you are using the Website and/or any services offered therein.

    You are responsible for maintaining the confidentiality of Your Account and are responsible for all activities that occur and orders that are placed under Your Account. You will immediately notify us of any unauthorized use of Your Account or any other breach of security, and ensure that you exit from Your Account at the end of each session. We may suspend or terminate Your Account upon notice to you in the event that we reasonably determine that Your Account has been involved in a violation of these Terms of Use. You will cooperate with us with respect to investigations by us of any suspected or alleged violation of t these Terms of Use and any action undertaken by us to enforce these Terms of Use. You will be liable for the losses incurred by us or others due to any unauthorized use of Your Account. Blockless will not be liable for any loss or damage arising from your failure to comply with this section.

    You also agree not to provide your account access to any party other than representatives of your corporation who have been provided access by the system administrator. It is strictly prohibited to provide access to Your Account to any person representing or associated with any organization that provides similar or related services to Blockless. Please note that any breach of this clause is deemed a material breach of these Terms of Use and BL may terminate these Terms of Use and any other agreements you and BL have entered in to without prior notice.

  8. Notice

    We may provide communications and notices to you by means of a general notice on the Website or by email to the address on record in Your Account. Such notice shall be deemed effective within twelve (12) hours of transmission by email or immediately by notice on the Website. You may withdraw your consent to receive electronic communications, however doing so may also require that you discontinue your use of the Website and/or services. You may provide notice to us by sending an e-mail to help@blockless.com. Such notice shall be deemed effective when received by us.

     
  9. Term and Termination

    If you breach any provision of these Terms of Use, you may no longer use the Website. BL may, at any time and for any reason and in its sole discretion, change, suspend or terminate, temporarily or permanently, the Website or any parts thereof, or in its sole discretion, change, suspend or terminate, temporarily or permanently your permission to use the Website without any prior notice to you or any other person and without any liability to BL. If these Terms of Use or your permission to use the Website is terminated by you or BL for any reason, then: (a) these Terms of Use will nevertheless continue to apply and be binding upon you in respect of your prior use of the Website, the Content thereof, and any services offered therein; and (b) BL may continue to use and disclose your personal information in accordance with the BL Privacy Policy as amended from time to time.

     
  10. Disclaimer of Warranties

    Your use of the Website and the Content thereof is at your sole risk. BL has no liability for any errors or omissions in the Content whether provide by BL or by a third party.

    THE WEBSITE AND THE CONTENT THEREOF ARE AVAILABLE AND PROVIDED ON AN "AS IS" AND "AS AVAILABLE” AND “WHERE IS" BASIS, WITHOUT ANY WARRANTY. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAWS, BLOCKLESS MAKES NO REPRESENTATIONS OR WARRANTIES WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT IN CONNECTION WITH THE WEBSITE, INCLUDING BUT NOT LIMITED TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY CONTENT, INFORMATION, PRODUCT OR SERVICE CONTAINED ON AND/OR AVAILABLE THROUGH THE WEBSITE. BL AND ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUBCONTRACTORS, AND LICENSORS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND AND ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND WHETHER IN CONTRACT, TORT, BREACH OF STATUTORY DUTY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING FROM OR CONNECTED WITH THE WEBSITE, INCLUDING BUT NOT LIMITED TO YOUR USE OF THE WEBSITE OR YOUR INABILITY TO USE THE WEBSITE, EVEN IF BL HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE FORESEEABLE. BL WILL NOT BE LIABLE FOR LOSS OF PROFITS, SALES, BUSINESS OR REVENUE; BUSINESS INTERRUPTION; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS OPPORTUNITY, GOODWILL OR REPUTATION; OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE RESULTING FROM YOUR USE OF THE WEBSITE.

    We do not guarantee that our Website, or any Content on it, will always be available or be uninterrupted. Access to our Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Website without notice. We will not be liable to you if for any reason our Website is unavailable at any time or for any period.

    Blockless and its affiliates and their respective officers, directors, employees, agents, partners, subcontractors, and licensors do not warrant or make any representation regarding any Content we provide including its availability, accuracy, spelling, or grammar, or that your use or the results of your use of our Website, and/or services in terms of effectiveness, accuracy or reliability, will produce any guaranteed or stated result, meet your stated requirements or expectations or be provided in an uninterrupted, timely, secure or error-free manner.

     
  11. Limitation of Liability

    Blockless is not responsible or liable for the deletion, correction, destruction, damage, loss or failure to store or maintain any of Your Account data and/or your content. Blockless and its affiliates and their respective agents, officers, directors, employees, agents, partners, subcontractors, and licensors will not be liable to you for any special, direct (with respect to your use of the Website only) indirect, incidental, consequential, punitive, reliance or exemplary damages, including without limitation losses or liability resulting from (i) loss of data, loss of revenue, anticipated profits, or loss of business opportunity; (ii) the accuracy, completeness or content of the Website, services, and/or any third party Information, (iii) personal injury or property damages; (iv) any unauthorized use of or access to the Website, the services, any of our servers including, without limitation, any user content or data including personal and/or financial information stored thereon; (v) any interruption or cessation of services related to the Website or third party websites; any viruses, worms, bugs or the like which may be transmitted to or from the Website of any third party website ; (vi) any user content or conduct that violates our any of our policies that we may implement from time to time; (vii) any loss or damage of any kind resulting from your use of, or inability to use, the Website or the services made available through the Website or any act or omission by Blockless, even if advised of the possibility of such damages.

    Blockless’ liability and your exclusive remedy related to non-performance of the Website shall be an equitable credit not to exceed the charges invoiced to you for the use of the Website.

    In states where the limitation or exclusion of liability or incidental or consequential damages is not allowed, the above limitations or exclusions may not apply to you. In such cases Blockless’ aggregate liability will be limited to the fullest extent permitted by applicable law. Any cause of action arising out of or related to the Website must be commenced within one (1) year after the cause of action arises or any such action shall be permanently barred.

  12. Unlawful Activity

    BL reserves the right to investigate complaints or reported violations of the Terms of Use and to take any action we deem appropriate including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary to such persons or entities relating to user profiles, email addresses, usage history, posted materials, IP addresses and traffic information. You acknowledge that BL will have the right to report to law enforcement authorities any action that may be considered illegal, as well as any reports it receives of such conduct. When requested, BL will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity.

  13. Remedies for Violations

    BL reserves the right to seek all remedies at law and in equity for violations of these Terms of Use, including but not limited to the right to block access from a particular Internet address to BL's Website and its features.

  14. Indemnification

    You agree to indemnify, defend and hold Blockless and its affiliates and their respective agents, officers, directors, employees, shareholders, agents, affiliates, licensors, and subcontractors harmless from any claims, costs, losses, damages, liabilities, judgments and expenses (including reasonable lawyer fees), arising out of or in connection with any claim, action or proceeding (collectively, "Claims") arising out of or related to any act or omission by you in using the Website or any product or service ordered via the Website including but not limited to your violation of t these Terms of Use and/or policies found on the Website or infringement of any third party proprietary rights by you.

  15. Jurisdiction and Governing Law

    These Terms of Use and all matters arising out of or relating thereto will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable thereto, without regard to any conflict or choice of law provisions. Any legal action or proceeding relating to these Terms of Use shall be brought in the courts located in Toronto, Ontario, Canada. You hereby submit to the exclusive jurisdiction of those courts and agree that the venue is proper in those courts in any such legal action or proceeding.

  16. Severability

    In the event that any part of a provision of the terms and conditions set out in these Terms of Use is held to be invalid, unenforceable, or void, such provision shall, by the adjudicating body, be applied to the fullest extend possible and shall be read-down only to the extent absolutely necessary to comply with applicable law. If any provision of the terms and conditions set out in these Terms of Use is held to be invalid, unenforceable, or void, such provision shall be severed from these Terms of Use. The fact that part of a provision or an entire provision has been held to be invalid, unenforceable, or void such determination shall not affect the validity and enforceability of any other remaining provisions.

  17. Entire Agreement

    These Terms of Use, including any changes made to these Terms of Use from time to time, constitutes the entire agreement between you and BL relating to your use of the Website and supersedes all previous agreements, written, oral or otherwise, between you and BL with respect to your use of the Website. You may be subject to additional terms and conditions when you use, purchase, or access certain services on the Website.

  18. Assignment

    The provisions of these Terms of Use shall ensure to the benefit of and be binding upon each of BL and its successors and assigns and related persons, and you and your heirs, executors, administrators, successors, permitted assigns, and personal representatives. You may not assign these Terms of Use or your rights and obligations under these Terms of Use without the express prior written consent of BL which may be withheld in BL’s sole discretion. BL may assign these Terms of Use and its rights and obligations under these Terms of Use without your consent.

  19. Waiver

    No consent or waiver by either party of any breach or default by the other party in its performance of its obligations under these Terms of Use will be deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party. No consent or waiver will be effective unless in writing and signed by both parties.

  20. Language

    The parties have expressly requested and required that these Terms of Use and all other related documents be drawn up in the English language. Les parties conviennent et exigent expressement que ce Contrat et tous les documents qui s'y rapportent soient rédigés en anglais.

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