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WHEREAS, PLEXNEX.net is an information provider connected to the Internet PLEXNEX.net offers hosted services over the Internet through access to its servers;
WHEREAS, Customer seeks to utilize PLEXNEX.net's hosted services for its own purposes;
WHEREAS, the parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, PLEXNEX.net can make no guarantee that any given reader shall be able to access PLEXNEX.net's hosted services at any given time.
PLEXNEX.net represents that it shall make every good faith effort to ensure that its services are available as widely as possible and with as little service interruption as possible;
NOW THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows;
Financial Arrangements
(a) 30 day term.
Customer agrees to a thirty (30) day contract minimum beginning upon commencement of service. Exact contract duration is decided upon at signup.
Customer agrees that all charges and fees associated with an account are their sole responsibility. If the customer wishes to cancel PLEXNEX.net hosting services at any time they shall be able to do so for any reason (aside from disablement for Terms of Service or Spam Policy violations) and have a prorated portion of their money refunded. At the end of the contract term, the contract will automatically renew for the original contract length indefinitely until canceled in writing or via the web panel.
(b) Terms greater than 30 days.
Customer agrees to a thirty (30) day contract minimum beginning upon commencement of service. Exact contract duration is decided upon at signup.
Customer agrees that all charges and fees associated with an account are their sole responsibility. If the customer wishes to cancel PLEXNEX.net hosting services at any time they shall be able to do so for any reason (aside from disablement for Terms of Service or Spam Policy violations) and have a prorated portion of their money applied as a credit on their account. The prorated portion will be based on the remaining portion of the contract minus 30 days. Credit is not transferrable to any other account. No refunds are given for terms greater than (30) days. At the end of the contract term, the contract will automatically renew for the original contract length indefinitely until canceled in writing or via the web panel.
Domain registrations (including the value of any used free domain registrations included with the plan) are not refundable under any circumstances.
SSL certificates are non-refundable.
Violations of PLEXNEX.net's Terms of Service, Acceptable Use Policy, or Spam Policy may, at PLEXNEX.net's discretion, result in immediate and permanent disablement without refund.
Disputed charges ("chargebacks") associated with any PLEXNEX.net account may, at PLEXNEX.net's discretion, result in immediate and permanent disablement.
Payment for all services must be paid in full for the first term before services commence. Payments for each term after the first term are due at the beginning of the term. All services will be automatically suspended if payment is not received within 10 calendar days of the due date. Payment in full, including all past-due amounts, is required to unsuspend services. Any services that remain unpaid for more than 90 days may be terminated and/or deleted. Free-Trial services may be deleted at the end of the trial period if the service is not upgraded to a paid service.
Taxes
PLEXNEX.net shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Customer or PLEXNEX.net's hosted services. Customer agrees to take full responsibility for all taxes and fees of any nature associated with such products sold.
Material Products
Use of PLEXNEX.net's hosted services requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content by the Customer.
The Customer agrees that he or she has the necessary knowledge to utilize the services provided by PLEXNEX.net. Customer agrees that it is not the responsibility of PLEXNEX.net to provide this knowledge or Customer Support outside of the defined service of PLEXNEX.net.
PLEXNEX.net will exercise no control whatsoever over the content of the information passing through the network, provided that it adheres to all other conditions set forth in our Terms of Service and Acceptable Use Policy documents.
PLEXNEX.net reserves the right to police its network to verify compliance with all agreed upon Terms.
The Customer agrees to cooperate in any reasonable investigations into their adherence to all agreed upon Terms. Failure to cooperate is grounds for immediate disablement of all accounts/service plans.
The opening of multiple accounts or service plans in order to bypass any restrictions or overage charges set forth by PLEXNEX.net is grounds for termination of all services.
PLEXNEX.net makes no warranties or representations of any kind, whether expressed or implied for the services it is providing. PLEXNEX.net also disclaims any warranty of merchantability or fitness for a particular purpose and will not be responsible for any damages that may be suffered by the Customer, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Customer. Use of any information obtained by way of PLEXNEX.net is at the Customer's own risk, and PLEXNEX.net specifically denies any responsibility for the accuracy or quality of information obtained through its services.
All domain names registered through PLEXNEX.net that are 'parked' or are otherwise not immediately associated with any PLEXNEX.net hosted service will be automatically pointed to a "Coming Soon" web page which informs visitors that the registrant has recently registered their domain name via PLEXNEX.net. The Coming Soon web page may be modified at any time by PLEXNEX.net without prior notice to you and may include such things as, without limitation, links to additional products and services offered by PLEXNEX.net.
Trademarks & Copyrights
Customer warrants that it has the right to use the trademarks and copyrights applicable to all content and/or products being made available through the customer's account.
Hardware, Equipment & Software
The customer is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access PLEXNEX.net hosted services.
PLEXNEX.net makes no representations, warranties or assurances that the Customer's equipment will be compatible with PLEXNEX.net hosted services.
Termination
This contract may be terminated by either party, without cause, by giving the other party 14 days written notice. PLEXNEX.net will accept termination by electronic mail. Notwithstanding the above, PLEXNEX.net may terminate service under this contract at any time, without penalty, if the Customer fails to comply with the terms of this contract, including non-payment. PLEXNEX.net reserves the right to charge a reinstatement fee.
Limited Liability
Customer expressly agrees that use of PLEXNEX.net hosted services is at Customer's sole risk. Neither PLEXNEX.net, its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that PLEXNEX.net hosted services will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the hosted services or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the PLEXNEX.net hosted services, unless otherwise expressly stated in this contract.
Under no circumstances, including negligence, shall PLEXNEX.net, its offices, agents or any one else involved in creating, producing or distributing PLEXNEX.net's hosted services be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use PLEXNEX.net hosted services; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to PLEXNEX.net's records, programs or services. Customer hereby acknowledges that this paragraph shall apply to all content on PLEXNEX.net's hosted services.
Notwithstanding the above, Customer's exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate amount which Customer paid during the term of this contract and any reasonable legal fee and court costs.
Indemnification
Customer agrees that it shall defend, indemnify, save and hold PLEXNEX.net harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against PLEXNEX.net, its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Customer,its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless PLEXNEX.net against Liabilities arising out of
- any injury to person or property caused by any products sold or otherwise distributed in connection with PLEXNEX.net;
- any material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party;
- copyright infringement;
- any defective product which Customer sold on PLEXNEX.net.
Other Agreements
Customer agrees to abide by the terms set forth in this document as well as other PLEXNEX.net policy documents.
Contract Revisions
Revisions to this Contract will be applicable to previous Contracts
Revisions will be considered agreed to by the Customer on renewal of service as specified in Section - Financial Arrangements.
Transfer
Customer may not transfer this contract without the written consent of PLEXNEX.net.
Contract
These Terms and Conditions constitutes the entire Contract and understanding of the parties.
Any changes or modifications to these Terms and Conditions of Contract thereto are agreed to by the both parties upon renewal of services.
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