Terms of Service
This Web Hosting Agreement (this "Agreement") is between 59Box, a web hosting entity and the person (customer) who signs up for the services offered by 59Box's web hosting service.
Table of Contents
- Services
- Term
- Payments
- Law/AUP
- Customer Information
- Indemnification
- Disclaimer of Warranties
- Limitation of Damages
- Suspension of Services/Termination
- Cancellation and Money Back Guarantee
- Request for Customer Information
- Back Up Copy
- Changes to 59Box's Network
- Notices
- Force Majeure
- Uptime Guarantee
- Governing Law/Disputes
- Changes to Terms of Service
- Miscellaneous
Services
Subject to the terms of this Agreement, and contingent on Customer's satisfaction of 59Box's credit approval requirements, 59Box agrees to provide the web hosting services described in the Order for the fees stated in the Order.
Term
The initial service term of the Agreement shall begin on the date that 59Box generates an e-mail message to Customer announcing the activation of the Customer's account (the "Service Commencement Date") and shall continue for the number of months stated in the Order (the "Initial Term"). Upon expiration of the Initial Term, this Agreement shall automatically renew for up to three successive renewal terms of the same length as the Initial Term (each a "Renewal Term") unless 59Box or Customer provides the other with written notice of non-renewal at least fourteen (14) days prior to the expiration of the Initial Term or then-current Renewal Term, as applicable. The Initial Term and any Renewal Term may be referred to collectively in this Agreement as the "Term."Payments
Fees
Fees are payable in advance on the first day of each billing cycle. Customer's billing cycle shall be monthly, quarterly, semi-annually or annually as indicated on the Order, beginning on the Service Commencement Date. 59Box may require payment for the first billing cycle before beginning service. If the Order provides for credit/debit card billing, Customer authorizes 59Box to bill subsequent fees to the credit/debit card on or after the first day of each successive billing cycle during the Term of this Agreement; otherwise 59Box will invoice the Customer via electronic mail to the Primary Customer Contact listed on the Order. Invoiced fees may be issued between three (3) to seven (7) days before the 1st day of each billing cycle and fees shall be due on the 1st day on the billing cycle.
Payments must be made in American dollars. Customer is responsible for providing 59Box with changes to billing information (such as credit card expiration, change in billing address) At its option, 59Box may accrue charges to be made to a credit/debit card until such charges exceed $10.00. 59Box may charge interest on overdue amounts at the lesser of 1.5% per month or the maximum non-usurious rate under applicable law.
Fees not disputed within thirty (30) days of due date are conclusively deemed accurate.
59Box may suspend the service without notice after seven (7) days of the due date if payment for the service is overdue. 59Box then may terminate your account seven (7) days after the account was suspended.
If customer chooses to have their account restored after it was terminated, an $15 fee will have to be payed to restore the account. However, a backup of the terminated account is not guaranteed.
Fee Increases
59Box may increase its fees for services effective the first day of a Renewal Term by giving notice to Customer of the new fees at least forty five (45) days prior to the beginning of the Renewal Term, and if Customer does not give a notice of non-renewal as provided in Section 2 above, the Customer shall be deemed to have accepted the new fee for that Renewal Term and any subsequent Renewal Terms (unless the fees are increased in the same manner for a subsequent Renewal Term).
Taxes
At 59Box's request Customer shall remit to 59Box all sales, GST or similar tax imposed on the provision of the services (but not in the nature of an income tax on 59Box), regardless of whether 59Box fails to collect the tax at the time the related services are provided.
Early Termination
Customer acknowledges that the amount of the fee for the service is based on Customer's agreement to pay the fee for the entire Initial Term, or Renewal Term, as applicable. In the event 59Box terminates the Agreement for Customer's breach of the Agreement in accordance with Section 9 (Termination), or Customer terminates the service other than in accordance with Section 9 (Termination) for 59Box's breach, the unpaid fees for each billing cycle remaining in the Initial Term or then-current Renewal Term, as applicable, are due on the business day following termination of the Agreement.
Law/AUP
Customer agrees to use the service in compliance with applicable law and 59Box's Acceptable Use Policy (the"AUP"), which is hereby incorporated by reference in this Agreement. Customer agrees that 59Box may, in its reasonable commercial judgment consistent with industry standards, amend the AUP from time to time to further detail or describe reasonable restrictions and conditions on Customer's use of the Services. Amendments to the AUP are effective on the earlier of 59Box's notice to Customer that an amendment has been made, or the first day of any Renewal Term that begins subsequent to the amendment. Customer agrees to cooperate with 59Box's reasonable investigation of any suspected violation of the AUP. In the event of a dispute between 59Box and Customer regarding the interpretation of the AUP, 59Box's commercially reasonable interpretation of the AUP shall prevail.
Customer Information
Customer represents and warrants to 59Box that the information he, she or it has provided and will provide to 59Box for purposes of establishing and maintaining the service is accurate. If Customer is an individual, Customer represents and warrants to 59Box that he or she is at least 18 years of age. 59Box may rely on the instructions of the person listed as the Primary Customer Contact on the Order with regard to Customer's account until Customer has provided a written notice changing the Primary Customer Contract.
Indemnification
Customer agrees to indemnify and hold harmless 59Box, 59Box's affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of Customer's services in violation of applicable law or the AUP by Customer or any person using Customer's log on information, regardless of whether such person has been authorized to use the services by Customer.
Disclaimer of Warranties
59BOX DOES NOT WARRANT OR REPRESENT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. TO THE EXTENT PERMITTED BY APPLICABLE LAW 59BOX DISCLAIMS ANY AND ALL WARRANTIES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICES ARE PROVIDED ON AN "AS IS" BASIS.
Limitation of Damages
NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY LOST PROFITS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE OF ANY KIND, OR FOR DAMAGES THAT COULD HAVE BEEN AVOIDED BY THE USE OF REASONABLE DILIGENCE, ARISING IN CONNECTION WITH THE AGREEMENT, EVEN IF THE PARTY HAS BEEN ADVISED OR SHOULD BE AWARE OF THE POSSIBILIY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING ELSE IN THE AGREEMENT TO THE CONTRARY, THE MAXIMUM AGGREGATE LIABILITY OF 59BOX AND ANY OF ITS EMPLOYEES, AGENTS OR AFFILIATES, UNDER ANY THEORY OF LAW (INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY, AND INFRINGEMENT) SHALL BE A PAYMENT OF MONEY NOT TO EXCEED THE AMOUNT PAYABLE BY CUSTOMER FOR THREE MONTHS OF SERVICE.
Suspension of Service/Termination
Suspension of Service
Customer agrees that 59Box may suspend services to Customer without notice and without liability if:
- 59Box reasonably believes that the services are being used in violation of the AUP;
- Customer fails to cooperate with any reasonable investigation of any suspected violation of the AUP;
- 59Box reasonably believes that the suspension of service is necessary to protect its network or its other customers, or
- as requested by a law enforcement or regulatory agency.
Termination
The Agreement may be terminated by Customer prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability if 59Box fails in a material way to provide the service in accordance with the terms of the Agreement and does not cure the failure within ten (10) days of Customer's written notice describing the failure in reasonable detail. The Agreement may be terminated by 59Box prior to the expiration of the Initial Term or any Renewal Term without further notice, without liability and without refund in the following situations:
- upon ten (10) days notice if Customer is overdue on the payment of any amount due under the Agreement;
- Customer materially violates any other provision of the Agreement, including the AUP, and fails to cure the violation within thirty (30) days of a written notice from 59Box describing the violation in reasonable detail;
- upon one (1) days notice if Customer's Service is used in violation of a material term of the AUP more than once, or
- upon one (1) days notice if Customer violates Section 5 (Customer Information) of this Agreement.
Cancellation and Money Back Guarantee
Cancellation
Customer is free to cancel their account at any time by sending a request to our billing department. However, if the account is cancelled prior to the expiration date of the billing term, payed fee's will not be refunded unless cancelled within the 14 day moneyback guarantee as stated in the next subsection.
Money Back Guarantee
If requested, a customer may receive a full refund of the hosting service within fourteen (14) days of the service commencement date. The refund is strictly only for hosting plans and not dedicated servers, co-location services or other serviecs unless otherwise stated. Hosting services purchased under a coupon, special or a promotion may be excluded from this refund unless otherwise stated. Also, additional fee's and services are exclude from the refund. Such non-refundable fee's include domain registration fee's and start-up fee's. A customer may only use the money back guarantee once.
Requests for Customer Information
Customer agrees that 59Box may, without notice to Customer,
- report to the appropriate authorities any conduct by Customer or any of Customer's customers or end users that TCH believes violates applicable law, and
- provide any information that it has about Customer or any of its customers or end users in response to a formal or informal request from a law enforcement or regulatory agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.
Back Up Copy
Customer agrees to maintain a current copy of all content hosted by 59Box notwithstanding any agreement by 59Box to provide back up services.
Changes to 59Box's Network
Upgrades and other changes in 59Box's network, including, but not limited to changes in its software, hardware, and service providers, may affect the display or operation of Customer's hosted content and/or applications. 59Box reserves the right to change its network in its commercially reasonable discretion, and 59Box shall not be liable for any resulting harm to Customer.
Notices
Notices to 59Box under the Agreement shall be sent to the billing department. Notices can be sent to the billing department by electronic mail. Notices to Customer may be given via electronic mail to the individual listed as the Primary Customer Contact on the Order. Notices are deemed received on the day transmitted, or if that day is not a business day, on the first business day following the day delivered. Customer may change his, her or its notice address by a notice given in accordance with this Section.
Force Majeure
59Box shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond 59Box's control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.
Uptime Guarantee
If 59Box failed to provide 99.9% uptime, you will be issued a refund depending on the uptime as noted below.
- 99.9 - 0% Credit Refund
- 99.8 - 10% Credit Refund
- 99.7 - 20% Credit Refund
- 99.6 - 30% Credit Refund
- 99.5 - 40% Credit Refund
- 99.4 - 50% Credit Refund
- 99.3 - 60% Credit Refund
- 99.2 - 70% Credit Refund
- 99.1 - 80% Credit Refund
- 99.0 - 90% Credit Refund
- Less than 99.0 - 100% Credit Refund
Please note that 59Box will not be responsible for downtime caused by events beyond its control as stated in the Force Majeure. In order to claim a refund a request must be sent to the billing department with proof of downtime such as log files. If your refund claim is approved, the credit will be added to your account within fourteen (14) days.
Governing Law/Disputes
The terms shall be governed by Singapore law, including without limitation the provisions of the Singapore Evidence Act (Chapter 97) and the Electronic Transactions Act (No 25. of 1998), and Customer agree to submit to the jurisdiction of the Singapore courts.
Customer are responsible for compliance with all local laws and regulations and the laws and regulations applicable to where the physical hosting servers reside.
Changes to the Terms of Service
59Box may change the Terms of Service, Acceptable Use Policy or the Privacy Policy at any time without notification. It is the customer's responsibility to check these documents regularly for changes.
Miscellaneous
59Box will not take responsibility to any losses obtained by using our service. 59Box doesn't take responsibility for content posted on sites affiliated with our site in any way.
This Agreement together with the Order and AUP constitutes the complete and exclusive agreement between the parties.
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