ACCEPTANCE OF TERMS OF SERVICE
- As a precondition and requirement to use the services available via Nixpal.com, you, for yourself and for the company or other person(s), if any, you represent (“Subscriber” or “Subscribers”, as applicable), hereby accept and agree to be legally bound by these Terms of Service (“Terms”). These Terms are effective immediately between the Subscriber and Nixpal, its subsidiaries and affiliates (“Nixpal”). Each Subscriber is subject to these Terms, and by using Nixpal’s services, network and/or systems (collectively the “Services”), Subscriber agrees to be legally bound by and subject to all terms and conditions contained in these Terms, including as well all usage policies and other policies herein. To the extent not inconsistent therewith, these Terms are also incorporated into the individual service agreement, if any, of each Subscriber.
- Subscriber represents and warrants that, if an individual, Subscriber is at least 18 years old and otherwise legally competent in all respects to, or, if an entity, Subscriber is a corporation, limited liability company, partnership, or other legal entity duly formed and in good standing, as applicable, and possesses all legal authority and power to accept and be bound by these Terms. Additionally, Subscriber represents and warrants that neither it, she, or he (as applicable), nor any entity it, she or he represents, is prohibited under any part of section 17 of these Terms from registering or signing up with or otherwise subscribing to or receiving any of the Services from Nixpal. Further, Subscriber represents and warrants all information provided by Subscriber to Nixpal has been and is complete, accurate, and current, and that Subscriber shall continue to provide complete, accurate and current information to Nixpal in connection with all registration or renewal processes and further agrees to update all such information as necessary to maintain complete, accurate and current information. Although Subscribers of paid services offered through Nixpal must be at least eighteen (18) years of age and otherwise legally competent to accept and be legally bound by these Terms, a parent or legal guardian of a minor may obtain an account on the minor’s behalf, and by doing so, consents to such minor’s use of the Services. Subscribing parents and legal guardians each for herself or himself, as applicable, accept and agree to be legally bound by these Terms, and assume full responsibility and liability associated with any failure of compliance with the Terms in connection with said minor’s use of any of the Services.
- Nixpal intends to provide the best possible Management service to each of its Subscribers. Nixpal is also dedicated to staying abreast of new and available technologies that will better serve our Subscribers. However, due to changing technologies, changing laws and the individual and collective needs of our Subscribers, Nixpal reserves the right, in its sole discretion, to change, modify, add or remove all or any part of these Terms at any time with or without notice.
- Subscribers may view the most current version of these Terms at Nixpal.com/policies/user-agreement. Any use of the Services by Subscriber, after changes, modifications, additions or deletions to these Terms are posted on the Nixpal.com website, shall constitute Subscriber’s acceptance of all such changes, additions, modifications or deletions. If a Subscriber does not agree to any such alterations to these Terms, the Subscriber’s sole and exclusive remedy is to cancel the Subscriber’s account.
- If Nixpal makes a significant change to these Terms, as determined in its sole discretion, Nixpal will post a notice that we have made significant changes to the Terms on the Nixpal.com website for at least thirty (30) days after the changes are posted and will indicate at the bottom of these Terms the date these Terms were last revised.
- If Subscriber is registering a new domain name with Nixpal, or using or transferring a previously registered domain name in conjunction with Subscriber’s use of the Services, Subscriber hereby acknowledges and agrees that Subscriber’s use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”) and the Domain Registration Agreement located at nixpal.com/domain-registration-agreement and has read the Registrant Rights and Responsibilities located at http://www.icann.org/en/registrars/registrant-rights-responsibilities-en.htm.
- Customer agrees that it will protect, indemnify, save and hold NixPal harmless from any and all stipulations, liabilities, losses, expenses and claims, as well as reasonable attorney’s fees assessed against NixPal its agents, customers, officers, employees and administration that may arise or result from any service provided or performed or agreed to be performed or any product sold by it’s customers, agents, employees or assigns. Customer agrees to defend, indemnify and hold NixPal harmless against liabilities arising out of; (1) any injury to person or property caused by any products sold or distributed in association with NixPal; (2) any material furnished by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright violation and any defective products sold to a customer from NixPal.
ACCEPTABLE USE POLICY
Under this Agreement, Subscriber shall comply with Nixpal’s then current Acceptable Use Policy (“AUP”), as amended, modified or updated from time to time by Nixpal, and other agreements which currently can be viewed under the Terms of Service section of this Web site (collectively, the “Terms of Service”), and which is incorporated in this Agreement by reference. Subscriber hereby acknowledges that it has reviewed the AUP and that the terms of the AUP are incorporated herein by reference. In the event of any inconsistencies between this Agreement and the AUP, the terms of the AUP shall govern. Nixpal does not intend to systematically monitor the content that is submitted to, stored on or distributed or disseminated by Subscriber via the Service (the “User Content”). User Content includes content of Subscriber’s and/or users of Subscriber’s Web site. Accordingly, under this Agreement, Subscriber will be responsible for Subscriber’s users content and activities on Subscriber’s Web site. Notwithstanding anything to the contrary contained in this Agreement, Nixpal may immediately take corrective action, including removal of all or a portion of the User Content, disconnection or discontinuance of any and all Services, or termination of this Agreement in the event of notice of possible violation by Subscriber of the AUP. In the event Nixpal takes corrective action due to a violation of the AUP, Nixpal shall not refund to Subscriber any fees paid in advance of such corrective action. Subscriber hereby agrees that Nixpal shall have no liability to Subscriber or any of Subscriber’s users due to any corrective action that Nixpal may take (including, without limitation, suspension, termination or disconnection of Services).
TERM – PAYMENT – RENEWALS
Term of Service
The term of Subscriber’s subscription to the Services commences upon Subscriber’s acceptance of these Terms and terminates as set forth.
Subscriber agrees to pay all applicable fees for Services in effect at the time of sign-up registration and/or renewal, subject to these Terms. Subscriber agrees to update and keep current all of Subscriber’s billing information, email and all other contact information. It is the Subscriber’s responsibility to verify that the information submitted is accurate to insure proper billing and continuity of services.
Automatic Renewal of Management Services
As a courtesy and not as an obligation (contractual or otherwise), fifteen (15) days prior to the expiration of Subscriber’s service, Nixpal will automatically renew Subscriber’s management service by charging the applicable fee for the non-promotional rate to Subscriber’s current method of payment on file. The initial term of this Agreement shall be as set forth in the Registration Form (the “Initial Term”). The Initial Term shall begin upon commencement of the Services to Subscriber, and after the Initial Term, this Agreement shall continue for successive periods (or renewal period) of equal length as the Initial Term or such other Term and price that shall be set forth in a notice to the customer at least thirty (30) days prior to the commencement of such successive period or renewal period. In the case of insufficient funds we will attempt to collect at a partial term quantity ( not changing your current term) to continue service as per contract.
Notification of Automatic Renewals
Subscriber will be notified of pricing for EACH successive period (or renewal period) no later than thirty (30) days prior to the payment date of SUCH successive period (or renewal period) for all products and services with a successive or renewal period of twelve (12) months or greater. This notification will be sent to the contact email address on file for the Account.
VPS and Dedicated Hosting Account Renewal
As a courtesy and not as an obligation (contractual or otherwise), Nixpal will automatically renew Subscriber’s VPS or Dedicated Hosting Account by charging the applicable fee for the non-promotional rate to Subscriber’s current method of payment on file. For VPS or Dedicated Hosting Accounts with a Term of three (3) months or greater, this renewal will occur fifteen (15) days prior to the expiration of Subscriber’s Hosting Account. For Hosting Accounts with a Term of one (1) month, this renewal will occur twenty-four (24) hours prior to the expiration of Subscriber’s Hosting Account. Nixpal shall provide notice of the upcoming charge to Subscriber no later than thirty (30) days prior to the payment date. In the event that a VPS or Dedicated Hosting Account that has been set to manual renewal by Subscriber expires, the Account will be suspended seven (7) days after expiration if no payment is received. If the Account has not been renewed after fourteen (14) days have elapsed following expiration, the Account will be terminated.
Cancellation of Automatic Renewal of Account
Subscriber agrees to notify Nixpal of Subscriber’s intent to cancel automatic renewal at least sixteen (16) business days prior to the account or domain expiration date, by directing Automatic Account Renewal Cancellation Notification and/or Automatic Domain Renewal Cancellation Notification to Nixpal, as applicable, by sending same via email to billing[at]nixpal[dot]com or online chat. This request must include verification of ownership of the hosting account and/or domain(s), as determined by Nixpal.
In the event Subscriber is a corporation, limited liability company, partnership, joint venture, other business entity or group of individuals, the person registering for or renewing Nixpal Services on behalf of Subscriber hereby certifies that he/she has the authority to and does hereby bind the corporation, limited liability company, partnership, joint venture or other individuals in this manner and in connection with Subscriber’s acceptance of all other Terms set forth herein.
CANCELLATION OF SERVICES – REFUND POLICY
Fees paid by Subscriber in connection with the purchase of SSL certificates, cPanel licenses, website transfer, SiteLock and other scan services or licenses are nonrefundable under these Terms unless otherwise stated in the agreement Subscriber entered into with the individual service provider
Cancellations After 3 Days and Before 30 Days
In the event Subscriber cancels the Services after the expiration of three (3) calendar days, but prior to the expiration of thirty (30) calendar days, Subscriber will receive a refund of all fees paid in connection with the registration, with the exception of any Nonrefundable Fees.
Cancellations After 30 Days
Subscriber may cancel his/her/its Services at any time, before or after automatic account renewal, and, with the exception of any Nonrefundable Fees and any setup fees, which are nonrefundable after thirty (30) calendar days, receive a pro-rated refund for all other fees paid for Services.
Notice of Cancellation
Subscriber agrees to direct all cancellation requests to Nixpal via email, support[at]nixpal[dot]com, or using the support system. The cancellation request must include verification of ownership of the hosting account and/or domain(s), as determined by Nixpal. Subscriber must also confirm to Nixpal that all emails, files, and databases are preserved and backed up somewhere other than Nixpal server space.
LICENSE TO NIXPAL
Nixpal claims no ownership interest in the content of Subscriber’s web site(s). By submitting content and data to Nixpal, Subscriber grants to Nixpal, its successors and assigns, the worldwide, royalty-free, and nonexclusive license under Subscriber’s copyrights and other rights, if any, in all material and content displayed in Subscriber’s web site to use, distribute, display, reproduce, and create derivative works from such material in any and all media, in order to maintain such content on Nixpal’s servers during the Term. Subscriber also authorizes the downloading and printing of such material, or any portion thereof, by end-users for their personal use. This license shall terminate upon Subscriber’s cancellation of the Services as set forth in Sections 3 and 4 of the User Agreement.
NIXPAL AS RESELLER OR LICENSOR
Nixpal is acting only as a reseller or licensor of certain services, hardware, software and equipment used in connection with the products and/or Services that were or are manufactured or provided by a third party (“Non-Nixpal Product”). Nixpal shall not be responsible for any changes in the Services that cause the Non-Nixpal Product to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer’s defects of Non-Nixpal Product either sold, licensed or provided by Nixpal to User or purchased directly by User used in connection with the Services will not be deemed a breach of Nixpal’s obligations under this Agreement. Any rights or remedies User may have regarding the ownership, licensing, performance or compliance of Non-Nixpal Product are limited to those rights extended to User by the manufacturer of such Non-Nixpal Product. User is entitled to use any Non-Nixpal Product supplied by Nixpal only in connection with User’s permitted use of the Services. User shall use its best efforts to protect and keep confidential all intellectual property provided by Nixpal to User through any Non-Nixpal Product and shall make no attempt to copy, alter, reverse engineer, or tamper with such intellectual property or to use it other than in connection with the Services. User shall not resell, transfer, export or re-export any Non-Nixpal Product, or any technical data derived therefrom, in violation of any applicable law.
USAGE POLICIES AND DEFINITIONS
VPS AND DEDICATED HOSTING USAGE POLICIES
Reseller and Dedicated Hosting accounts are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account exceed the allocated monthly amount, we reserve the right to (i) suspend the account until the start of the next month’s allocation; (ii) suspend the account until more bandwidth is purchased at an additional fee; (iii) suspend the account until you upgrade to a higher level of package; (iv) terminate the account; and/or (v) charge you an additional fee for the overages. Unused bandwidth in one month cannot be carried over to the next month and bandwidth may not be pooled among multiple servers or accounts.
Availability of Support
Nixpal will provide a default Operating System installation on the Dedicated Server hardware that permits super-user server access to our support staff. Subscriber agrees and acknowledges that if Subscriber alters or removes this server access, Nixpal’s ability to provide technical support to the Subscriber may be severely limited.
Subscriber Super-user Access
Subscriber acknowledges that Subscriber is solely responsible for any changes made with super-user access and that Nixpal may not be able to reverse any changes and/or recover data lost or damaged through the use of super-user privileges. Nixpal’s level of support to those users accessing super-user privileges will be limited as follows:
- Reinstallation of corrupted modules, such as control panel files, web server files, etc.
- Reinstallation of the baseline OS and core file image at Subscriber’s request. Subscriber must acknowledge that they understand that a new image install will cause the complete loss of all data stored on the server.
- Restoration of files from available backups at Subscriber’s request. This restoration will be a full restore of the backup files; Nixpal does not offer file-by-file restoration services.
- Nixpal will not attempt any configuration or setup of DNS, firewalls, web server, etc.
- Nixpal will attempt basic diagnostics upon Subscriber’s request. Nixpal does not offer in-depth manual diagnostics as part of the Service. Subscriber may contact Nixpal Professional Services to inquire about additional support offerings.
In addition to all terms and conditions described in this Agreement, the following shall also be applicable to Resellers, including VPS and Dedicated Hosting Customers utilizing their Account to provide Reseller services.
- The Reseller agrees, on behalf of both the Reseller and each user signed up by the Reseller, to comply with these Terms of Service.
- In the event that a Reseller or a Reseller’s user is determined to be in violation of the Terms of Service, the Reseller shall, upon receipt of notice of the violation, take prompt action to ensure that the account in question is updated to be in full compliance with the Terms of Service.
- Nixpal is not responsible for the actions or misrepresentations of Resellers. The Reseller hereby agrees to indemnify Nixpal from and against any and all claims made by any user that result from the Reseller’s misrepresentation, breach of the Terms of Service or other improper actions by the Reseller.
- Nixpal reserves the right to revise its Reseller Programs, Terms of Service at any time. Changes shall take effect when posted online or on any subsequent date as may be set forth in any required notice provided by us in connection therewith.
- Users who have been signed up by Resellers agree to operate their Web sites in accordance with the Terms of Service.
- Resellers cannot make any modifications to the Terms of Service. Any such alterations shall be deemed a violation of the Terms of Service and could result in a cancellation of a Reseller’s account(s). Nixpal is not responsible for any modifications made to the Terms of Service by Resellers.
- Resellers in the Reseller Program assume all responsibility for billing and technical support for each of their Users. Nixpal reserves the right to refuse inquiries made to customer support from the customers of Resellers.
VIRTUAL PRIVATE SERVERS (VPS) OR VIRTUAL DEDICATED SERVERS
When creating a VPS account, we split dedicated servers into independent areas, referred to as “Containers.” Each Container is allotted its own disk space, CPU power, bandwidth, and memory. This isolation of server space allows for independent server customization for which each User is responsible. In addition to all terms and conditions described in this Agreement, the following shall also be applicable to VPS Users:
- Each User is solely responsible for providing the firewalls, software, web files, content and operating systems for the User’s Container.
- Each User is solely responsible for all installation, maintenance, security and backup of the operating system, software, files and data used in the User’s Container, as well as any reinstalls and changes.
- Each User is solely responsible for all activities conducted in connection with the User’s Container.
MANAGEMENT SERVICES AND CONTRACTS
You agree and understand that temporary interruptions may occur as normal events in the provision of service. Under no circumstances shall NixPal be held liable for any financial or other damages due to such service interruptions.
You agree that NixPal is not responsible for delays, damages or failures in performance due to causes beyond NixPal’s reasonable control, including but not limited to acts of a governmental body; acts of God; acts of third parties; fires; floods; strikes or other labor-related disputes; or an inability to obtain necessary equipment or services.
Failure to Pay
We may suspend, restrict, or cancel the Services and this Agreement, without advance notice, if you do not make payments for current or prior bills by the required due date. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges. Service will be interrupted on accounts immediately that do not provide payment on the due date. Early notification is suggested to prevent such interruption in service.
Setup Fees and One Time Services are NON-refundable under any circumstance, unless deemed appropriate by the Company. Monthly service charges will not be refunded if the refund is requested after the due date.
We at NixPal insure that all personal information submitted to us in processing your order and for billing purposes, etc., including but not limited credit card information, will be kept strictly confidential and used solely by NixPal, its representatives and employees, for the purposes for which it was intended, for the benefit of the subscriber. We agree not to share or release such information to any individual, entity, or third party, without the consent of the subscriber, except as required by law, regulation or governmental authority. All information provided to us by the subscriber is properly stored and handled at all times by authorized NixPal staff members only. Customer agrees to indemnify the Company on account of the unlikely compromise of the Customer’s vital information.
We have zero tolerance for abusive language and/or abusive behavior towards our company and/or service we provide and/or our employees. Any customer deemed at our sole discretion to be abusive to our company and/or service we provide and/or our employees will result in immediate irrevocable account termination without any refund. Threats to sue, slander, libel, etc., are all considered forms of abuse and will result in immediate irrevocable account termination without any refund.
One Time Services
No support will be given to these services, including troubleshooting any problems that occur caused by the services, unless the Company so chooses. NixPal reserves the right to refuse additional support.
Termination by Client
All cancellation requests must be received by NixPal at least 7 days prior to your account renewal. You must have all account information to cancel. Upon receipt of your notice of termination, your account will be terminated and you will not be liable for any future service fees. By terminating your service, you agree that you have received all services, rights, and other obligations owed to you by NixPal under this Agreement.
YOU UNDERSTAND AND AGREE THAT NixPal SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF NixPal HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
DISCLAIMER OF WARRANTY
YOU, THE SUBSCRIBER, ACKNOWLEDGE THAT THE SERVICES AND THE SOFTWARE ARE PROVIDED “AS IS, AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. NIXPAL HEREBY DISCLAIMS ANY WARRANTY OR CONDITION WITH RESPECT TO THE QUALITY, PERFORMANCE OR FUNCTIONALITY OF THE SERVICES AND SOFTWARE, OR WITH RESPECT TO THE QUALITY OR ACCURACY OF ANY INFORMATION OBTAINED FROM OR AVAILABLE THROUGH USE OF THE SERVICES AND SOFTWARE, OR THAT THE SERVICES AND SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICES AND SOFTWARE MAY CONTAIN ERRORS. NO ADVICE OR INFORMATION GIVEN BY NIXPAL OR NIXPAL’S REPRESENTATIVES INCLUDING, WITHOUT LIMITATION, SUBSCRIBER SUPPORT REPRESENTATIVES, SHALL CREATE A WARRANTY. NIXPAL DISCLAIMS ALL WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED OR STATUTORY INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OF COMPUTER PROGRAMS AND CONTENT. NIXPAL DOES NOT GUARANTEE THAT USERS WILL BE ABLE TO USE THE SERVICES AT TIMES OR LOCATIONS OF THEIR CHOOSING. NIXPAL DOES NOT WARRANT THAT THE SERVICES ARE COMPATIBLE WITH ANY THIRD PARTY SERVICE OR SOFTWARE, EVEN IF SUCH THIRD PARTY CLAIMS, REPRESENTS OR WARRANTS THAT SUCH SERVICE OR SOFTWARE IS COMPATIBLE WITH ANY SERVICE OR NIXPAL IN PARTICULAR.
LIMITATION OF LIABILITY
NIXPAL SHALL NOT BE LIABLE FOR NONPERFORMANCE OR DELAY IN PERFORMANCE CAUSED BY ANY REASON, WHETHER WITHIN OR OUTSIDE OF ITS CONTROL. IN NO EVENT SHALL NIXPAL BE LIABLE UNDER CONTRACT, NEGLIGENCE, TORT, CONVERSION, COPYRIGHT INFRINGEMENT, TRADEMARK INFRINGEMENT, IP RIGHTS HOLDER INFRINGEMENT, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) WHETHER OR NOT NIXPAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. NIXPAL SHALL NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY. NIXPAL’S ENTIRE LIABILITY AND SUBSCRIBER’S EXCLUSIVE REMEDY WITH RESPECT TO ANY USE OF THE SERVICES IS THE CANCELLATION OF SUBSCRIBER’S ACCOUNT AS SET FORTH HEREIN. IN NO EVENT SHALL NIXPAL’S LIABILITY TO YOU, THE SUBSCRIBER, EXCEED THE GREATER OF ONE DOLLAR ($1.00) OR ANY AMOUNTS ACTUALLY PAID IN CASH BY YOU, THE SUBSCRIBER, TO NIXPAL FOR THE PRIOR ONE MONTH PERIOD. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THESE TERMS OR OUT OF THE SERVICES MAY BE BROUGHT BY YOU, THE SUBSCRIBER, MORE THAN ONE YEAR AFTER THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. SOME JURISDICTIONS DO NOT ALLOW A LIMITATION ON LIABILITY FOR NEGLIGENCE THAT CAUSES DEATH OR PERSONAL INJURY AND, IN SUCH JURISDICTIONS, NIXPAL’S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
You, the Subscriber, agree to defend, indemnify and hold Nixpal, its affiliates and its sponsors, partners, other co-branders and the respective directors, officers and employees of each harmless from and against any and all claims, losses, damages, liabilities and costs (including, without limitation, reasonable attorneys’ fees and court costs) arising out of or relating to your breach of any of these Terms or use by you or any third party of the Services, except to the extent the foregoing directly result from Nixpal’s own gross negligence or willful misconduct. Nixpal reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, the Subscriber.
For its own operational efficiencies and purposes, Nixpal from time to time backs up data on its servers, but is under no obligation or duty to Subscriber to do so under these Terms. IT IS SOLELY SUBSCRIBER’S DUTY AND RESPONSIBILITY TO BACKUP SUBSCRIBER’S FILES AND DATA ON NIXPAL SERVERS, AND under no circumstance will Nixpal be liable to anyone FOR DAMAGES OF ANY KIND under any legal theory for loss of Subscriber FILES AND/or data on any Nixpal server. Nixpal will not attempt to back up accounts that exceed 50,000 files or 30 Gigs of space for any reason.
Monitoring and Disclosures
All activities occurring on, in, and/or via the Services or any website hosted by Nixpal may be monitored, recorded, and examined by any authorized person, including law enforcement. In general, Nixpal does not monitor its Subscribers’ websites or activities to determine whether they are in compliance with these Terms. However, when and if Nixpal becomes aware of any violation of these Terms, Nixpal may take any lawful action, and in the event of illegal activity, will take action, to stop or correct such violation, including, but not limited to, shutting down a website, denying access to the Services or to the Internet via Nixpal, and/or removing non-complying information. In addition, Nixpal may take any lawful action against a Subscriber or a subscriber, patron, customer, invitee, visitor, or guest of such Subscriber because of the activities of such subscriber, patron, customer, invitee, visitor, or guest. Nixpal reserves the right to take any such action even though such action may affect other subscribers, patrons, customers, invitees, visitors, or guests of the Subscriber. Nixpal may disclose any information in its possession, including, without limitation, information about Subscribers, internet transmissions and website activity in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, governmental request, or other legal process to protect Nixpal or others from harm, and/or to ensure the proper operation of the Services. Nixpal.com has no obligation to notify any person, including the Subscriber about whom information is sought, that Nixpal has provided the information.
Accurate Account Information
Subscriber must continually update and keep accurate and current Subscriber’s contact information stored and saved on Nixpal in order to avoid termination of Subscriber’s Nixpal account(s).
Duty to Notify Nixpal of Breach
If Subscriber discovers anyone on the Nixpal system violating any of these Terms or notices anything suspicious from the Nixpal network, Subscriber agrees to report the violation or suspicious activity to tos[at]nixpal[dot]com for investigation. Nixpal reserves the right to and will immediately terminate any account which Nixpal concludes to be in violation of any of these Terms.
Reservation of Rights
Nixpal reserves the right to refuse or to cancel service to any prospective Subscriber or existing Subscriber for any lawful reason at any time during Subscriber’s hosting term with Nixpal.
These Terms are binding upon Nixpal, all existing and prospective Subscribers, and upon the assigns, heirs, and successors of each. If any provision of these Terms is held by any court of competent jurisdiction to be invalid or otherwise unenforceable, the rest of these Terms shall, nevertheless, continue to be valid and in full force and effect, to the extent said remaining Terms are then otherwise consistent with the original intent of the Terms of Service.
The United Nations Convention on the International Sale of Goods shall not apply and is hereby expressly excluded. By subscribing to or using any of the Services of Nixpal, Subscriber agrees that all disputes, if any, involving Nixpal shall be subject exclusively to the jurisdiction of Greece; provided, further, that all action brought against Nixpal in Court must be brought in Greece. Subscriber hereby agrees that it is subject to the in personam jurisdiction of said courts for all purposes in connection with these Terms and/or in connection with any claim or dispute involving Nixpal. Subscriber hereby waives any and all objections that it has or might have, known or unknown, to the existence of said in personam jurisdiction. Subscriber agrees that it has no right to and shall not file or otherwise bring a lawsuit against Nixpal outside of Greece; and, that Subscriber, if involved before a court in a lawsuit outside of Greece, shall be deemed to support and to stipulate to a motion made by Nixpal to dismiss said lawsuit with respect to Nixpal.
IF YOU, FOR YOURSELF OR ON BEHALF OF ONE OR MORE PERSONS YOU ARE REPRESENTING WITH RESPECT TO NIXPAL SERVICES, DO NOT AGREE TO ANY OF THE FOREGOING TERMS, YOU MUST, FOR YOURSELF AND ON BEHALF ANY SUCH PERSON(S), DISCONTINUE THE REGISTRATION PROCESS, DISCONTINUE YOUR USE OF THE SERVICES, AND, IF YOU ARE ALREADY A MEMBER, CANCEL YOUR NIXPAL ACCOUNT. BEGINNING NOW, ANY CONTINUATION BY YOU IN USING THE SERVICES CONSTITUTES FOR YOU AND THOSE REPRESENTED BY YOU AN EXPRESS AFFIRMATION AND COMMITMENT TO BE (OR TO CONTINUE TO BE, AS APPLICABLE) LEGALLY BOUND BY AND TO COMPLY WITH ALL OF THESE TERMS.