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This Amoxx Terms of Service
(this "Agreement") and Amoxx Acceptable Use
Policy ("AUP") govern your purchase and use
of all Amoxx products and solutions (collectively,
the "Services"), as described in the Order Form(s)
submitted by you (collectively, the "The Subsriber")
and accepted by Amoxx ("Service Order").
Acceptance of any terms or conditions different
from those contained herein by Amoxx will not
be deemed by provision of service, but only
by electronic or written signature of an officer
of Amoxx. You must register and accept the terms
of this Agreement and the AUP in order to use
the Services. BY CLICKING ON THE "I ACCEPT"
BUTTON during sign up, AND/OR REGISTERING FOR
AND USING THE SERVICES, YOU ACKNOWLEDGE THAT
YOU HAVE READ THIS AGREEMENT AND THE AUP, AND
AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS
OF THIS AGREEMENT AS WELL AS ALL POLICIES AND
GUIDELINES OF THE AUP, WHICH ARE INCORPORATED
HEREIN BY REFERENCE. Amoxx may modify any of
the terms and conditions contained in this Agreement
and the AUP, at any time, in its sole discretion.
Any modifications are effective upon posting
of the revisions on the Amoxx web site (the
"Site"). Your continued use of the Services
following Amoxx posting of any modifications
constitutes your acceptance of the modifications.
If the Subscriber does not agree to the terms
of any modification, do not continue to use
the services and immediately notify Amoxx of
the Subscriber's termination of this Agreement
in the manner described in the section below.
Amoxx and its suppliers/vendors/partners/third
parties ("Vendors") agree to furnish
services to the Subscriber, subject to the following
TOS (Terms of Service).
The Use of Amoxx service
constitutes acceptance and agreement to Amoxx
AUP as well as Amoxx TOS (Terms of Service).
Term and Payment for Services
Term:
This Agreement will be for an initial "Term"
of 1 month from the date the Services are first
provided by Amoxx. This Agreement will be automatically
renewed (the "Renewal Term") at the end of the
Initial Term or any Renewal Term for a period
of thirty (30) days unless the Subscribers provide
Amoxx with written notice of termination at
least seven days (7) before the end of the Initial
Term or Renewal Term (also referred to interchangeably
and collectively as "Term"), whichever
is then applicable. To file a notice of termination,
the Subscriber must submit a request to the
Support Department via 24x7 Support section
(http://www.amoxx.com/24x7.support) stating
"cancellation" in the message to initiate
the cancellation of service. Pricing and duration
of Terms may be modified only if in writing
(such as a Service Order) signed by Amoxx.
Termination
This Agreement may be terminated:
(i) by the Subscrber or Amoxx during any Renewal
Term, without cause, by giving the other party
no less than 7 days prior written notice, or
a greater number of days prior notice if specified
in a Service Order accepted by Amoxx;
(ii) by Amoxx in the event of nonpayment by
the Subscriber as provided in the section below
or
(iii) by Amoxx, at any time, without notice,
if, in Amoxx sole judgment, the Subscriber is
in violation of any terms or conditions of the
AUP. If the Subscriber terminates this Agreement,
or if Amoxx terminates this Agreement for the
Subscriber's breach, before the end of the Initial
Term or the Renewal Term, whichever is then
applicable, the Subscriber will be required
to pay immediately all fees and costs accrued
before the termination date, all monthly recurring
fees for each month remaining in the Term and
any other amounts the Subscriber owes to Amoxx
under this Agreement.
Charges
The Subscriber will pay all charges for your
use of the Services at the then current Amoxx
prices for that category of service or any special
offer applicable to the Subscriber's account
as determined by Amoxx. The Subscriber is responsible
for paying all federal, state, and local sales,
use, value added, excise duty and any other
taxes assessed with respect to the Services,
other than taxes based on Amoxx net income.
The Subscriber is responsible for all costs
of collection of all amounts owed under this
Agreement, including reasonable attorney’s fees
of Amoxx.
Payment and Fees
The Subscriber will pay all charges for the
first month of service in advance on the first
day of the Initial Term. The Subscriber will
pay all subsequent charges for Services in advance
on the anniversary day of each month. The Subscriber
must pay for the Services by credit card or
Paypal. The Subscriber authorizes Amoxx to charge
The Subscriber's credit or debit card to pay
for any charges that may apply to the Subscriber's
account. The Subscriber must notify Amoxx of
any changes to the Subscriber's card account
(including, applicable account number or cancellation
or expiration of the account), the Subscriber's
billing address, or any information that may
prohibit Amoxx from charging the Subscriber's
account. The Subscriber's failure to fully pay
any fees and taxes within 72 hours from the
applicable due date is a material breach of
this Agreement, justifying Amoxx to suspend
its performance and terminate this Agreement.
If Amoxx terminates for the Subscriber's material
breach, the Subscriber will be required to pay
immediately all fees and costs accrued before
the termination date, all monthly recurring
fees for each month remaining in the term and
any other amounts the Subscriber owes to Amoxx
under this Agreement. The Subscriber is responsible
for any costs that Amoxx incurs in enforcing
collection, including reasonable attorneys'
fees, court costs and collection agency fees.
Credit cards that are declined
for any reason or Paypal payments that are not
made are subject to a processing fee. Service
will be interrupted on accounts that reach 5
days past due. Service interrupted for non-payment
is subject to a US$50/SG$100 reconnect charge.
Accounts not paid by the due date are subject
to a US$15/SG$30 late fee. Accounts that are
not collected by the Subscriber may be turned
over to an outside collection agency for collection.
If the Subscriber's account is turned over for
collection, the Subscriber agrees to pay the
company (the collector) a "Collection"
fee of not less than US$50/SG$100 nor more than
US$150/SG$250. If the Subscriber desires to
cancel the account, correct procedure should
be done at http://www.amoxx.com/24x7.support/request.support
stating "cancellation" in the subject.
Refund and Disputes
*All payments to Amoxx are not refundable*.
This includes any applicable setup fees and
subsequent charges regardless of usage. All
overcharges or billing disputes must be reported
within 60 days of the time that the dispute
occurred. If the Subscrber disputes a charge
to his/her credit card issuer that, in Amoxx's
sole discretion is a valid charge under the
provisions of this Agreement and/or AUP, you
agree to pay Amoxx an "Investigation Fee" of
$100.00.
Failure to Pay
The Company may temporarily deny service or
terminate this Agreement upon the failure of
Subscriber to pay charges when due. Such termination
or denial will not relieve the Subscriber of
responsibility for the payment of all accrued
charges, plus reasonable interest and any collection
fees.
Use of Services
Acceptable Use Policies: The AUP governs the
general policies and procedures for use of the
Services. The AUP is posted on the site at (or
such other location as Amoxx may specify) and
may be updated from time to time. BY USING THE
SERVICES, THE SUBSCRIBER AGREES TO BE BOUND
BY THE TERMS OF THE AUP AND ANY MODIFICATIONS
TO THE TERMS. AMOXX MAY TERMINATE THE SUBSCRIBER'S
ACCOUNT WITHOUT NOTICE FOR ANY VIOLATION OF
THE AUP OR THIS AGREEMENT.
Security
The Subscriber is solely responsible for
any security breaches affecting servers or accounts
under the Subscriber's control. If the Subscriber's
server is responsible for or involved in an
attack on or unauthorized access into another
server or system, Amoxx will shut it down immediately.
The Subscriber will pay any charges resulting
from the cost to correct security breaches affecting
Amoxx or any of its other customers.
System and Network Security
Users are prohibited from violating or attempting
to violate the security of Amoxx or its vendor's
Network. Violations of system or network security
may result in civil or criminal liability. Amoxx
will investigate occurrences which may involve,
and cooperate with law enforcement authorities
in prosecuting Users who are involved in such
violations. These violations include, without
limitation:
- Accessing data not intended
for such user or logging into a server or
account, which such user is not authorized
to access.
- Attempting to probe, scan
or test the vulnerability of a system or network
or to breach security or authentication measures
without proper authorization.
- Attempting to interfere
with service to any user, host or network,
including without limitation, via means of
overloading, flooding, mail bombing or crashing.
- Forging any TCP/IP packet
header or any part of the header information
in any e-mail or newsgroup posting.
- Taking any action in order
to obtain services which such user is not
entitled.
Notification of Violations or Infractions
Amoxx is under no duty to look at each Subscriber’s
or user’s activities to determine if a violation
of the AUP has occurred, nor does Amoxx assume
any responsibility through Amoxx AUP to monitor
or police Internet related activities.
Violations of the AUP will result in the following:
- A warning notification
sent via the Subscriber's email on file, Amoxx
trouble ticket with at least 12 hours notice
for resolution.
- 24 hours is the standard
notification; situations involving law enforcement,
publishing scams, fraud, password harvesting,
network interference, Denial or Disruption
of service, IRC related misuse, or other malicious
activity can reduce the notification time
frame.
First Violation:
Any Subscriber, which Amoxx determines to have
violated any element of our AUP (Acceptable use
Policy), shall receive an e-mail, warning the
Subscriber of the violation. The service may be
subject at Amoxx discretion to a temporary suspension
pending a Subscriber’s agreement in writing to
refrain from any further violations.
Second Violation:
Any Subscriber that Amoxx determines to have
committed a second violation of any element
or portion of the AUP shall be subject to immediate
suspension or termination of service without
further notice.
Amoxx reserves the right
to drop the section of IP space involved in
any SPAM or Denial-of-Service (DoS) complaints
if it is clear that the offending activity is
causing great harm to parties on the Internet.
In particular, if open relays are on the Subscriber’s
network, or if denial-of-service attacks are
originating from Subscriber's network. In certain
rare cases, Amoxx may have to take this action
prior to attempting to contact the Subscriber.
Disclosure to Law Enforcement
The AUP specifically prohibits the use of Amoxx's
services for illegal activities. Therefore,
the Subscriber agrees that Amoxx may disclose
any or all of the Subscriber's information,
including assigned IP addresses, account history,
account use, etc. to any law enforcement agency
who makes a written request without further
consent or notification to the Subscriber. In
addition Amoxx shall have the right to terminate
all service set forth in this Agreement.
Support Services and Boundaries
Amoxx provides 24/7/365 technical support to
all Amoxx's Subscribers. Amoxx limits technical
support to Amoxx's area of expertise. The following
are Amoxx's guidelines when providing support:
Controlled Sharing Solutions
Amoxx provides support related to Subscriber's
Controlled Sharing Solutions. Amoxx does not
provide support for application specific issues,
such as any programming, HTML, third party applications
or any other such issue.
Managed Independent Solutions
Amoxx provides support related to Subscriber's
Managed Independent Solutions. Amoxx does not
provide support for application specific issues,
such as any programming, HTML, third party applications
or any other such issue. If the Subscriber purchases
a this solution without a control panel (Plesk
7.x Reloaded, Cpanel or DirectAdmin etc), the
Subscriber is responsible for installing &
maintaining any software on the server. This
software includes but is not limited to, Apache,
PHP, MySQL, email server, FTP server.
Rapid-Fire Programme
Amoxx provides support related to Subscriber's
Rapid-Fire Programme. The Rapid-Fire Programme
is a suite of professional services that is
provided to the Subscriber by Amoxx, its vendors/partners
or both. This programme may involve customization
and/or development of applications and softwares
like Intranet, E-commerce, HTML etc, based on
the Subscriber's requests stated on file. Some
components of this programme may also be applied
to the Subscriber’s Controlled Sharing
and Managed Independent Solutions.
Amoxx does not provide sale or technical support
for Subscriber's clients.
Rapid-Fire Programme
The Rapid-Fire Programme is a suite of professional
services that is provided to the Subscriber
by Amoxx or its Vendors or both. This programme
involves customization and/or development of
applications and softwares that may be Intranet,
E-commerce, HTML etc, based on the Subscriber's
requests stated on file. Amoxx will provide
a quotation based on the needs stated in the
request made by the Subscriber. It is the Subscriber's
duty to check through the details in the quotation
before agreeing to sign up the service. Once
the Subscriber agrees to the service, an invoice
will be issued to the Subscriber. A minimum
deposit of 70% of the total price in the invoice
must be made before the start of work. It is
the duty of the Subscriber to bear in mind that
the developers of the Subscriber's applications/softwares
may be the Vendors of Amoxx. The Subscriber
may expect meetings with Amoxx representitives
or representitives from its Vendors. The Vendors
of Amoxx hold the equal strength of rights as
of Amoxx in this Agreement to the Subscriber.
Reseller Policy
Subscribers who intend to resell Amoxx's services
are responsible for the conduct of their customers
and by agreeing with this AUP, the Subscriber
agrees that his/her customers will adhere to
the AUP. Subscriber should make their perspective
customers aware of the AUP and the consequences
of violation.
Bandwidth
The Subscriber is allocated a certain amount
of bandwidth per month. This bandwidth can be
used as any combination of IN & OUT. Should
the server go over it's allocated amount of
bandwidth in any given month, a fee of US$1/SG$2
per GB over is applicable. The Subscriber is
responsible for monitoring his/her server's
bandwidth usage that can be found in the Control
Panel supplied in any of Amoxx's services. Subscribers
without a Control Panel may consult Amoxx by
visiting the 24x7 Support section with the URL:
http://www.amoxx.com/24x7.support/request.support,
requesting a report for bandwidth usage for
that month.
Intellectual Property Rights
Subscriber's Warranties and Representations
to Amoxx:
The Subscriber warrants, represents, and covenants
to Amoxx that:
(a) the Subscriber is at least 18 years of age
if an individual;
(b) the Subscriber possess the legal right and
ability to enter into this Agreement;
(c) the Subscriber will use the Services only
for lawful purposes and in accordance with this
Agreement and all applicable policies and guidelines,
including the AUP; and
(d) the Subscriber content does not and will
not infringe or violate any right of any third
party (including any intellectual property rights)
or violate any applicable law, regulation or
ordinance.
IP Addresses
Amoxx will maintain and control ownership of
all Internet Protocol ("IP") numbers and addresses
that Amoxx may assign to the Subscriber. Amoxx
may, in its sole discretion, change or remove
any and all IP numbers and addresses.
Third Party (Vendor) Products
Amoxx may provide the Subscriber access to other
third party software and/or services ("Third
Party Products") through reseller relationships
that Amoxx has established with certain commercial
vendors, including without limitation, Microsoft
Corporation ("Third Party Vendors"). Unless
otherwise notified, the Subscriber understands
that product support for Third Party Products
is provided by Amoxx and not by the Third Party
Vendor. Neither Amoxx nor any of its Vendor
makes any representations or warranties, expressed
or implied, regarding any Third Party Products.
THE SUBSCRIBER EXPRESSLY ACKNOWLEDGES AND AGREES
THAT USE OF THIRD PARTY PRODUCTS IS AT SUBSCRIBER'S
SOLE RISK AND SUCH THIRD PARTY PRODUCTS ARE
PROVIDED "AS IS" AND WITHOUT REPRESENTATION
OR WARRANTY OF ANY KIND FROM AMOXX OR ANY THIRD
PARTY VENDOR, INCLUDING WITHOUT LIMITATION,
ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, ACCURACY
OR COMPLETENESS OF RESPONSES OR RESULTS, CORRESPONDENCE
TO DESCRIPTION, OR NON-INFRINGEMENT OF THIRD
PARTY RIGHTS. TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, NEITHER AMOXX NOR ANY THIRD
PARTY VENDOR WILL BE LEGALLY RESPONSIBLE FOR
ANY DAMAGES, WHETHER DIRECT, INDIRECT, OR CONSEQUENTIAL,
ARISING FROM THE USE OR INABILITY TO USE ANY
THIRD PARTY PRODUCT. THE SUBSCRIBER AGREES TO
OBSERVE THE TERMS OF ANY LICENSE AND/OR APPLICABLE
END USER SUBSCRIBER AGREEMENT FOR THIRD PARTY
PRODUCTS AND THAT THE SUBSCRIBER SHALL BE FULLY
LIABLE TO THIRD PARTY VENDORS AND AMOXX WITH
RESPECT TO ANY IMPROPER USE OF SUCH THIRD PARTY
PRODUCTS OR VIOLATION OF LICENSE AGREEMENTS
WITH THEM AND/OR APPLICABLE END USER SUBSCRIBER
AGREEMENTS.
The Subscriber shall not
(i) remove, modify or obscure any copyright,
trademark or other proprietary rights notices
that appear on any Third Party Product or that
appear during use of any Third Party Product;
or
(ii) reverse engineer, decompile, or disassemble
any Third Party Product, except and only to
the extent that such activity is expressly permitted
by applicable law notwithstanding this limitation.
Enforcement Actions
Amoxx reserves the right to suspend or terminate
the Service immediately or take any other corrective
action it deems appropriate in its sole discretion
if in the sole judgment of Amoxx if the Subscriber's
server is the source or target of any violation
of the AUP or for any other reason which Amoxx
chooses. If inappropriate activity is detected,
all of the Subscriber's accounts in question
will be deactivated until an investigation is
complete. Prior notification to the Subscriber
is not assured. In some cases, law enforcement
will be contacted regarding the activity. These
rights of action, however, do not obligate Amoxx
to monitor or exert editorial control over the
information made available for distribution
via the Services. If Amoxx takes corrective
action because of a possible violation, Amoxx
will not refund the Subscriber any fees that
has been paid in advance of the corrective action.
Disclosure Rights
The AUP specifically prohibits the use of Amoxx's
services for illegal activities. Therefore,
the Subscriber agrees that Amoxx may disclose
any and all of your information including assigned
IP numbers, account history, account use, etc.
to any law enforcement agent who makes a written
request without further consent or notification
to you. In addition, Amoxx shall have the right
to terminate all service set forth in this Agreement.
Disclaimed Warranties
Amoxx exercises no control over, and accepts no
responsibility for, the content of the information
passing through Amoxx's host computers, network
hubs and points of presence, or the Internet.
USE OF THE SERVICES OR ANY INFORMATION THAT MAY
BE OBTAINED THEREFROM IS AT THE SUBSRIBER'S OWN
RISK. ALL SERVICES PERFORMED UNDER THIS AGREEMENT
ARE PERFORMED "AS IS" AND WITHOUT WARRANTY AGAINST
FAILURE OF PERFORMANCE INCLUDING, ANY FAILURE
BECAUSE OF COMPUTER HARDWARE OR COMMUNICATION
SYSTEMS. AMOXX DOES NOT MAKE AND DISCLAIMS, AND
YOU WAIVE ALL RELIANCE ON, ANY REPRESENTATIONS
OR WARRANTIES, ARISING BY LAW OR OTHERWISE, REGARDING
THE SERVICES, INCLUDING IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
NON-INFRINGEMENT, OR ARISING FROM COURSE OF DEALING,
COURSE OF PERFORMANCE OR USAGE IN TRADE. AMOXX
DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED,
ERROR-FREE, OR COMPLETELY SECURE.
Limitation and Exclusion of Liability
IN NO EVENT WILL AMOXX OR ITS SUPPLIERS HAVE ANY
LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION,
THEFT OR DESTRUCTION OF INFORMATION DISTRIBUTED
OR MADE AVAILABLE FOR DISTRIBUTION VIA THE SERVICES
THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES.
NEITHER AMOXX NOR ITS SUPPLIERS/VENDORS/THIRD
PARTIES WILL HAVE LIABILITY WITH RESPECT TO AMOXX'S
OBLIGATIONS UNDER THIS AGREEMENT, OR OTHERWISE
FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL,
OR PUNITIVE DAMAGES EVEN IF AMOXX HAS BEEN ADVISED
OF THE POSSIBILITY OF THESE DAMAGES. THE LIABILITY
OF AMOXX AND ITS SUPPLIERS TO THE SUBSCRIBER FOR
ANY REASON AND UPON ANY CAUSE OF ACTION IS LIMITED
TO THE AMOUNT THE SUBSCRIBER ACTUALLY PAID TO
AMOXX UNDER THIS AGREEMENT DURING THE THREE (3)
MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH
THE CLAIM ACCRUED. THIS LIMITATION APPLIES TO
ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING
BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE,
STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER
TORTS. THE FEES FOR THE SERVICES SET BY AMOXX
UNDER THIS AGREEMENT HAVE BEEN AND WILL CONTINUE
TO BE BASED UPON THIS ALLOCATION OF RISK. ACCORDINGLY,
THE SUBSCRIBER RELEASES AMOXX AND ITS SUPPLIERS/VENDORS/THIRD
PARTIES FROM ANY AND ALL OBLIGATIONS, LIABILITIES,
AND CLAIMS IN EXCESS OF THE LIMITATION STATED
IN THIS SECTION.
Interruption of Service
Amoxx and its suppliers/vendors/third parties
are not liable for any temporary delay, outages
or interruptions of the Services. Further, Amoxx
is not liable for any delay or failure to perform
its obligations under this Agreement, where the
delay or failure results from any “act of God”
or other cause beyond its reasonable control (including
any mechanical, electronic, communications or
third-party supplier failure).
Indemnification
In agreeing to the Amoxx AUP and this Agreement,
the Subscriber agrees to indemnify, defend and
hold harmless Amoxx, its employees, officers,
directors, vendors, suppliers, third parties,
partners, representatives and affiliates, for
any violation by the Subscriber or the Subscriber's
customers of the AUP or this Agreement that results
either in
(a) any cost, expense, damage or loss to Amoxx,
or
(b) the bringing of any claim against Amoxx by
any third-party, and all costs, expenses, damages,
and losses associated therewith. For example,
if Amoxx is sued because of the Subscriber or
the Subscriber's customer's activity related to
the Services, the Subscriber will pay any damages
awarded against Amoxx, its employees, directors,
partners, representatives and affiliates, in addition
to all costs and attorney's fees.
Survival
All provisions of this Agreement relating to the
Subscriber's warranties, intellectual property
rights, limitation and exclusion of liability,
the Subscriber's indemnification obligations and
payment obligations will survive the termination
or expiration of the Agreement.
This Terms of Service Agreement
can change at anytime and it is the Subscriber's
responsibility to ensure that the Subscriber
regularly check for updated version of this
Terms of Service.
Signing up for any of our
services means the Subscriber agrees to comply
with this Terms of Service Agreement.
Acceptance of the TOS
By signing up for Amoxx's services on the Internet,
or by using any other means of subscription
including subscription via a third party, a
sales representative of commercialization partner,
the Subscriber understands and accepts the Terms
of Service.
Amoxx can require a signed copy of this document.
I accept the Terms of Service :
The Subscriber's Name: _________________________________________________
Designation : ____________________________________________________
Company Name : _____________________________________________
Contact Number(s): _____________________________________________
Signature : ____________________________________________
Date : _____ / _____ / __________
Amoxx
Authorized by : ____________________________________________
Designation :
____________________________________________________
Contact
Number(s): _____________________________________________
Signature : ____________________________________________
Date : _____ / _____ / __________
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