Customer: Person or corporation, signing on to Bullten’s general and specific Agreement terms and conditions in connection with any Service purchased from Bullten.
Customer ID/Email: Customer Account for any Service purchased from Bullten and giving access to the management interface.
Diagnostic: Research undertaken by Bullten at the Customer’s request to identify a malfunction problem of the Service.
Documentation: Bullten makes available to its Customer a set of tools and documentation accessible on Bullten’s website.
Facilities Management: Specific service performed by Bullten at the request of the Customer and billed to the Customer.
Incident: Problem or malfunction encountered with the Service and under the responsibility of Bullten. The following are considered problems which Bullten is liable for: material, network, electrical problems etc.
Management Interface: "Manager" space accessible to the Customer on Bullten’s website upon identification by entering Customer Email ID and corresponding password.
Bullten Site: Bullten Corporation’s website accessible at www.bullten.com
Personal Data: Last name, first name, phone number, address, e-mail address, and all other information disclosed by the Customer in the course of its relationship with Bullten as well as any information which may be transmitted by Bullten to the judicial authorities.
Service: Means all the services provided by Bullten in compliance with the Service agreements entered into by the Customer.
Technical Support: Department in charge of advising the Customer regarding the installation and use of the Service by supplying the required documentation.
The Customer acknowledges that they have checked the suitability of the Service to his needs and that they have received from Bullten all the information and advice needed to enter into this agreement knowledgeably and willingly.
The purpose of this Agreement is to define the technical conditions of Bullten’s agreement with the Customer.
These General Terms and Conditions of Service, to which will be added, as applicable, specific terms and conditions and/or schedules proposed by Bullten, shall be applicable, at the exc lusion of all other terms and conditions, including the terms and conditions of the Customer, to all the Customer’s orders of Service from the Bullten Corporation.
The Bullten services offered gratuitously are also governed by these General Terms and Conditions of Service.
Bullten 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. Bullten only has an obligation of means.
Bullten shall not be liable in the circumstances described below:
If the performance of this Agreement, or of any of Bullten’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, an epidemic, 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 Bullten’s reasonable control , then Bullten, subject to a prompt notice to the Customer, shall be relieved from performing his obligations within the limits of this inability to act, limitation or disruption, and the customer shall be likewise relieved from performing his obligations to the extent that his 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 unforeseeable circumstances shall keep the other Party informed on a regular basis via electronic mail regarding the prognosis of eliminating such unforeseeable circumstances event or of recovering from it.
Should the effects of this Unforeseeable circumstances 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 Bullten shall not be liable the Customer causes, for example:
• a deterioration of the application;
• the misuse of the terminals by the Customer or his clientele, a fault, negligence, omission or failure on his 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 Bullten 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 Bullten authorizes other Service users to install their websites and servers in his facilities. Bullten shall not be liable in any way whatsoever for damages, costs or losses incurred by the Customer (or by his own customers) and caused by another Service user’s act, material or failure to act, Bullten’s liability in contract, in tort (including negligence) or by statute, or otherwise, to the Customer (or his 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 Bullten under this Agreement in the three- (3-) month period immediately preceding the date on which the claim arose. In no event shall Bullten be liable for any lost profits, or any special, indirect, consequential, incidental or punitive damages.
Bullten 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 data in the event of a loss or deterioration of such data for any reason whatsoever, including reasons not explicitly mentioned hereunder.
The Customer agrees to use his power, authority and capabilities to enter into this Agreement and perform his obligations as provided hereunder.
The Customer agrees to communicate to Bullten his accurate and updated contact information upon the creation of the Customer Account and each time such information is modified.
The Customer is solely and exclusively responsible for the passwords that are required in order to use the Service. Bullten is not responsible for the illegal or fraudulent use of passwords made available to the Customer. The passwords provided are considered confidential. The Customer shall be solely liable, at the exclusion of Bullten, in the event of any suspicion that the passwords provided have been disclosed, whether intentionally or not.
The Customer alone shall bear all the consequences of a malfunction of the Service resulting from the use by his staff or by any other person to whom the Customer has provided his pass word(s). The Customer shall also bear all the consequences resulting from the loss of such password(s).
The Customer hereby agrees to comply with all legal and regulatory requirements in force, and, more specifically, with those pertaining to software, files, freedom and intellectual property, as well as the rights of third parties. The Customer also agrees to take out all required insurance policies from a well-known solvent insurer, in order to cover all damages attributable to the Customer in connection with this Agreement or the performance thereof.
The Customer hereby agrees to inform Bullten within 48 hours of any changes in his situation, and within 24 hours, of any lost passwords.
5-1 Tools and Documentation provided by Bullten
Bullten makes available to the Customer a set of tools and documentations which are accessible at the following addresses: www.bullten.com This page also includes contact information to reach the Bullten staff.
On the same page, Bullten makes available to its Customer:
• a set of documentation and technical guides, designed to provide a better understanding and an easier use of the Service (“Documentation”);
• communication tools to find out about the condition of Bullten’s facilities;
• interfaces to view in real time Bullten’s network;
• contact information to reach Bullten’s Technical Support;
• an Incident Reporting Form; and
• the Facilities Management’s contact information to obtain complementary services (facilities management, specific intervention …) which will be billed separately.
In the event of Service malfunction, it is the Customer’s responsibility to consult the Documentation and perform the technical tests suggested by Bullten on www.bullten.com. on in the contact tools available in www.bullten.com. If the malfunction problem encountered persists, the Customer shall have the responsibility of reporting the Incident to Bullten.
5-2 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 Bullten may be found.
The Customer shall complete the form at www.bullten.com. or in www.bullten.com. 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 Bullten 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. Bullten reserves the right to reject any intervention in this regard if Bullten notices in its research work that the Customer uses the Service in breach of Bullten’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 Bullten’s intervention.
5-3 Incident Takeover and Development of Diagnostic
Bullten 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, Bullten concludes that the malfunction is an Incident, namely that it is a problem under the responsibility of Bullten, the costs related to the Diagnostic process shall be entirely borne by Bullten, in compliance with the Agreement terms and conditions applicable to the Service.
The Customer agrees to avoid using the Technical Support service in an abusive manner. Bullten 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.
5-4 Resolution of Malfunction
At the end of the Diagnostic, Bullten shall inform the Customer on the cause of the malfunction and indicate which technical solutions will be used to resolve the problem encountered. As previously stated, Bullten only has an obligation of means.
The Service agreement shall be signed for an indefinite term. Bullten reserves the right to suspend the Service at any time. Bullten 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 Bullten’s website or forum, or by any other means Bullten deems necessary.
6.2. Service Renewal Bullten may possibly not renew its Service at the end of the term. Bullten 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 data prior to the end of the Service term.
Breach by the Customer of his obligations as defined hereunder, including all activities specifically barred while using Bullten services and/or any content specifically barred when using Bullten 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 Bullten’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 Bullten may have a right to claim.
At the end of the term of this Service, for any reason whatsoever, Bullten shall entirely delete all the files on the Customer’s Service. Bullten 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 the Agreement with Bullten or the Service objectives. The Service may also be restricted, limited or suspended when the specific terms and conditions applicable to a type of Service offered by Bullten provide for such sanctions in the event of a breach.
The restriction, limitation or suspension measures shall 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 Bullten may restrict, limit or suspend the Service offered if Bullten receives a notice in that regard from a competent administrative, arbitral or judicial authority, in compliance with the laws and regulations in force.
Either Party may terminate the Agreement, as of right and without indemnity, in the case of an Unforeseeable circumstances event lasting more than thirty (30) days.
Bullten reserves the right to interrupt the Customer’s Service if such Service endangers the maintenance of security or stability on Bullten’s hosting platform. Bullten shall, to the extent possible, give the Customer prior notice regarding such interruption.
Bullten reserves the right to interrupt the Service, as needed, for technical interventions designed to improve its 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 Bullten Corporation, which it would be unable to resolve.
However, the Service shall be restricted, limited or suspended, as of right, by Bullten:
• if it seems that the Customer is using the services provided for any activity whatsoever which is not in compliance with these General Terms and Conditions;
• in compliance with the applicable Specific Terms and Conditions;
• if Bullten 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.
The Customer acknowledges that they have checked the suitability of the material and the Service to his needs and has received from Bullten all the information and advice needed to knowingly enter into this agreement.
The fact that Bullten 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 future any of these Terms and Conditions.
Bullten reminds the Customer that, while providing the Service to the Customer, Bullten may keep some of the Customer’s personal data in compliance with its regulatory 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 Bullten 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, Bullten shall not disclose nor sell the Customer’s personal data.
The Customer agrees that his personal data may be stored, handled and transferred by Bullten 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 Bullten may communicate the Customer’s in formation 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 Bullten 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 Bullten’s website (www.bullten.com) 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.
The invalidity of one of the provisions of the Service Agreement entered into with Bullten, 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.
The Agreement section headings are inserted solely for reference purposes and do not have any contractual value nor any specific meaning.
13.3 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 Bullten’s website all the documents incorporated by reference into this Agreement.
Such documents are subject to amendments or updates.
The Bullten 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 Bullten during the entire term of the contractual relationship between the Parties.
All notices, communications, and demands provided under the General Terms and Conditions shall be deemed to have been validly delivered if they are sent by registered mail, return receipt requested to:
• in the case of Bullten:
• in the case of the Customer: at the mailing and/or e-mail address provided to Bullten.
13.5 Advertising and Promotion
Bullten 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.
This Agreement, its interpretation, performance, application, validity, and effects shall be subject to the applicable laws in force in the state of Madhya Pradesh, India, which will govern its provisions, in whole or in part.
The Parties hereby agree that all judicial proceedings instituted shall be filed with and heard by the courts having jurisdiction in the State of Madhya Pradesh, India.
We have additional conditions too for rending Dedicated Server. You can download its pdf here