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1. This Agreement supersedes any other written or oral agreement reached between TOSHOST LTD and the Customer.
2. TOSHOST LTD will provide Products and Services in exchange for payment of fees and compliance with the terms and conditions of this Agreement.
3. TOSHOST LTD 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 TOSHOST. These services also include the provision of access to computing, telecommunications, software, and information services provided by others via the Global Internet.
4. TOSHOST LTD 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 TOSHOST LTD's skill nor judgement to select or furnish the services for any particular purpose beyond the specific express warranties in the SLA.
5. TOSHOST LTD 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.
The SLA may be modified by TOSHOST LTD with thirty (30) days notice on TOSHOST LTD’s web site. A copy of the SLA can be obtained from TOSHOST LTD’s web site.
6. The Customer agrees that it shall defend, indemnify, save and hold TOSHOST LTD harmless from any and all claims, demands, liabilities, losses, costs, including attorney’s fees, asserted against TOSHOST LTD, 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 TOSHOST LTD, 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 TOSHOST LTD. Any attempted assignment without the written consent of TOSHOST LTD will not be valid.
8. This agreement shall be governed by and construed in accordance with the laws of the State of North Carolina, Iredell County, without regard to choice of law provisions that would cause the application of the law of another jurisdiction.
9. TOSHOST LTD reserves the right to terminate service for any reason with twenty-four hours notice. TOSHOST LTD does not forfeit any rights under this agreement by terminating service. TOSHOST LTD 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 TOSHOST LTD’s business, plans, customers, technology, products, and services ("Confidential Information"). Confidential Information shall include, but not be limited to, TOSHOST LTD’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 TOSHOST LTD 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 TOSHOST LTD’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 TOSHOST LTD directly or indirectly from a source other than one having an obligation of confidentiality to the TOSHOST LTD;
b. becomes known (independently of disclosure by the TOSHOST LTD) to the Customer directly or indirectly form a source other than one having an obligation of confidentiality to the TOSHOST LTD;
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 TOSHOST LTD’s Acceptable Use Policy (AUP). The AUP may be modified by TOSHOST LTD with thirty (30) days notice on TOSHOST LTD’s web site. A copy of the AUP can be obtained from TOSHOST LTD’s web site.
14. Upon thirty (30) days notice, published on TOSHOST LTD’s web site, TOSHOST LTD 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 the 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 TOSHOST LTD 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 TOSHOST LTD's web page at www.TOSHOST.com. Customer acknowledges that it is their responsibility to check for updates to the Agreement on TOSHOST LTD's web page. These terms were last modified on April 18, 2015.
17. The customer must submit payment by credit card, PayPal or other acceptable payment method as determined by TOSHOST LTD 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 $25 reactivation fee per service may be imposed at the discretion of TOSHOST LTD. Service interruption does not cancel the Customer's service. TOSHOST LTD 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 (3.5%) 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 TOSHOST LTD will be stored as an account credit to be applied toward future invoices.
21. If any payments are returned as a result of a dispute, insufficient funds or otherwise charged back, TOSHOST LTD may impose a $25 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 $25 returned payment fee. If service is terminated, the customer is not entitled to a refund and is prohibited from any further use of TOSHOST LTD services until the $25 returned payment fee is paid.
22. TOSHOST LTD makes no guarantee of confidentiality or privacy of any information transmitted through or stored upon TOSHOST LTD technology, and makes no guarantee that any other entity or group of users will be included or excluded from TOSHOST LTD's network. In addition, TOSHOST LTD 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.
23. In order to protect against fraudulent orders, TOSHOST LTD requires the name submitted in new orders to match the name on the payment account. Additionally, TOSHOST LTD may choose to not accept payments from unverified payment accounts. TOSHOST LTD 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.
24. TOSHOST LTD utilizes FraudRecord and other fraud screening measures to screen new orders. In the event of a breach of the Agreement, you may be reported to FraudRecord and/or other fraud databases using non-identifiable anonymous information.
25. All Internet Protocol Addresses ("IP Addresses") assigned by TOSHOST LTD to the customer for use with the products and services remain the property of TOSHOST LTD. After the termination of services, the customer must immediately vacate and return all IP Addresses.
26. All requests for IP Addresses must be justified. TOSHOST LTD will be the sole arbiter as to whether or not the justification provided by the Customer is adequate. TOSHOST LTD 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.
27. 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 then subsequently cancel a previously ordered service, TOSHOST LTD may remove all promotional pricing on the Customer's account.
28. For dedicated server customers, if the Customer's server uses more electricity than the average dedicated server of similar specification utilizes due to the Customer's use of the server (including, but not limited to activities such as cryptocoin mining), TOSHOST LTD reserves the right to bill the customer for the increased electricty usage. TOSHOST LTD also reserves the right to retroactively remove any promotional pricing as the result of abnormal electricity usage.
29. If any provision of this agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect and said provision shall be reformed only to the extent necessary to make it enforceable.
Update: 5th May 2020
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