By using OnyxServers.com, you signify that you have read, understand and agree to be bound by these Terms and conditions. OnyxServers reserves the right, at its sole discretion, to modify or replace any of these Terms of Service, or change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site or by sending you notice through the Service or via email. OnyxServers may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. It is your responsibility to check these Terms of Service periodically for changes. Your continued use of the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
ONYXSERVERS will provide YOU with bandwidth and or storage space on a ONYXSERVERS server for use on the World Wide Web according to a selected plan at the site http://www.onyxservers.com, in exchange for YOU paying the prescribed fee.
ONYXSERVERS will not sell YOUR personal or financial information to any third parties. ONYXSERVERS will not give YOUR personal or financial information to any law enforcement authorities or legal agents without a proper court order, subpoena or warrant.
a.) any published content YOU store on a ONYXSERVERS server, that is prohibited by the laws of any sovereign state, obscene under the laws of any sovereign state, or otherwise considered by ONYXSERVERS, in its sole discretion, to be offensive, disruptive, obscene, inappropriate or otherwise an administrative burden, may be removed or deleted without any compensation to YOU;
b.) YOU agree not to engage in any activity that can overwhelm ONYXSERVERS servers with heavy usage, or that requires a disproportionate amount of resources of its servers, including but not limited to, highly active CGI or chat scripts;
c.) if YOU exceed the bandwidth limit for the service subscribed to, YOU must either upgrade the subscribed service to a service that accommodates such usage, purchase additional bandwidth, or reduce such bandwidth usage. Failure to comply will result in termination of YOUR account, without any compensation to YOU.
4. User liability
YOU are liable for all content YOU store on ONYXSERVERS servers, including the legality and preservation (i.e. making back-ups) of same.
YOU agree to abide by any amendments made to this Agreement, from time to time, as posted at http://www.onyxservers.com.
6. User obligation
YOU will at all times keep ONYXSERVERS apprised of YOUR current contact and billing information.
7. No Representations or Warranties
ONYXSERVERS services are provided as is, without any representations or warranties of any kind either expressed or implied.
8. Limitation of Liability
ONYXSERVERS is not responsible for any failures, delays, or interruptions in the delivery of any content or services contained on the ONYXSERVERS server, or losses or damages arising from the use of the content or services provided by ONYXSERVERS or third parties in connection with ONYXSERVERS. ONYXSERVERS is not responsible for any financial losses by YOU in association with the content YOU stored or published using ONYXSERVERS servers.
ONYXSERVERS makes no warranties of any kind, whether expressed or implied, for the service it is providing. It is the responsibility of the customer to backup any files stores on the server. ONYXSERVERS will not be responsible for damages or losses the customer suffers, and any consequential damages or losses. This includes, but not limited to the loss of data, non-deliveries, mis-deliveries, or service interruptions or broadcast delays caused by its own negligence, subscriber's errors or omissions, or due to the fault of any third parties.
YOU agree to indemnify and hold ONYXSERVERS harmless from and against, and to reimburse ONYXSERVERS with respect to, any and all losses of every nature whatsoever incurred by ONYXSERVERS arising out of (i) any breach of this Agreement by YOU; (ii) any infringement of any copyright, trade-mark, patent, trade secret or any other intellectual property right of any person by content stored on a ONYXSERVERS server or (iii) illegal, libelous, or defamatory content stored on a ONYXSERVERS server.
All sales are final and ONYXSERVERS is not obliged to refund the remainder of the current billing cycle. In cases where a refund is granted, only a maximum of 65% of the remainder credit will be refunded.
Both YOU and ONYXSERVERS have the option to terminate this Agreement at any time, upon providing five-business days prior notice to the other. ONYXSERVERS may terminate this Agreement at any time without notice or compensation to YOU if YOU violate any term of this Agreement, engage in illegal conduct, post illegal material, overwhelm ONYXSERVERS servers or central processing units (CPUs), or engage in any conduct ONYXSERVERS deems in its sole discretion to be disruptive or harmful.
This Agreement is assignable to a third party by ONYXSERVERS upon notice to YOU. Such notice will be published on the Web site http://www.onyxservers.com.
Upon expiration, this Agreement will renew automatically for the same duration as previously agreed to, unless you advise ONYXSERVERS otherwise. ONYXSERVERS reserves the right to not automatically renew any service plan.
The following terms apply:
a.) this Agreement is governed by and construed in accordance with the applicable laws of the province of Ontario, Canada and the federal laws of Canada and is treated in all respects a Ontario-based contract;
b.) the excusing of any provision in this contract does not excuse any other or subsequent provision in this contract;
c.) any invalid, illegal or inoperative clause of this Agreement will not affect the valid reading and application of all other clauses of this Agreement;
d.) this Agreement, together with the policies prescribed at http://www.onyxservers.com constitutes the entire Agreement between YOU and ONYXSERVERS;
e.) any term or condition of this Agreement, which by its nature extends beyond the term or expiry of this Agreement, survives the termination or expiry of this Agreement;
f.) this Agreement is executed in electronic and paper counterparts, each of which is an original, and all of which together are one and the same instrument;
g.) ONYXSERVERS maintains the right to refuse service if it considers it would be disruptive to its business to provide such service;
h.) any failure by ONYXSERVERS in satisfying any provision of this Agreement will be excused if that failure is brought about by any act of God, war, disaster, disease, criminal act, attack, power loss, weather, invasion or incapacity; and
i.) all remedies available to ONYXSERVERS under this Agreement survive termination of this Agreement without limitation.