BY SIGNING UP FOR AND/OR OTHERWISE ACCESSING ANY OF THE SERVICES OR PRODUCTS OFFERED BY RAIDBOX YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. THESE TERMS & CONDITIONS SUPERSEDE ALL EARLIER VERSIONS. Please read these terms and conditions carefully, as they describe your legal rights and obligations.
This agreement shall become effective as of the date of (1) your electronic signature on or acceptance of this agreement, (2) the activation of your account or (3) your receipt of an e-mail from Raidbox confirming your order, whichever happens first. THIS AGREEMENT IS EFFECTIVE FOR AN INITIAL TERM OF ONE MONTH AND IS AUTOMATICALLY RENEWABLE FOR SUCCESSIVE ONE MONTH TERMS, AS MORE FULLY DESCRIBED IN THE TERM AND TERMINATION PROVISIONS CONTAINED IN SECTION 2. EITHER YOU OR RAIDBOX MAY TERMINATE THIS AGREEMENT (AND YOUR ACCESS TO YOUR ACCOUNT) AT ANY TIME WITH 30 DAYS NOTICE, OR RAIDBOX MAY TERMINATE THIS AGREEMENT OR SUSPEND YOUR ACCOUNT WITH NO NOTICE FOR A BREACH OF THIS AGREEMENT. ANY AND ALL OUTSTANDING FEES SHALL BE DUE AND PAYABLE UPON TERMINATION, ALL AS MORE FULLY DESCRIBED IN SECTION 2.
DEFINITIONS.
For the purposes of this Agreement:
1.1. "Raidbox’s Equipment" shall mean computer and telecommunications devices, Internet access and/or transmission rights owned, operated, and/or maintained by Raidbox and/or Raidbox’s affiliates, agents, or assigns which provide the Raidbox Services.
1.2. "Raidbox", "us," "we," "our" and grammatical variants thereof shall collectively refer to Raidbox, a company under Ox2 Net Corp., located in Vancouver, British Columbia, Canada, with email contact at info@raidbox.xyz, and its assigns and successors in interest.
1.3. "Raidbox Services" shall mean the products and services provided by Raidbox and/or Raidbox's affiliates, agents, or assigns at any given time, including but not limited to web hosting, e-mail, domain registration (where applicable), and any associated support services, which services may be changed, amended, and/or otherwise altered at any time in Raidbox's sole discretion.
1.4. "Bandwidth" shall refer to the rate of data transmission in bits per second using Raidbox’s Equipment.
1.5. "Content" shall mean the downloadable files which are interpreted by a client web browser for display with or without plug-ins.
1.6. "Your Data" shall mean any data, including but not limited to advertisements, documents, e-mails, images, movies, web pages, or other Content, related to your use of the Raidbox Services and stored on or transmitted by the Raidbox Equipment.
1.7. "You", "your" and grammatical variants thereof shall mean you, any other entity which has an ownership or other beneficial interest in you, or any other entity in which you have an ownership or other beneficial interest.
TERM AND TERMINATION.
2.1. Unless sooner terminated pursuant to other terms of this Agreement, this Agreement shall be for an initial term of one month and shall be automatically renewed each month for additional one month periods unless and until sooner terminated pursuant to the provisions of this Section
2.2.2. You or Raidbox may terminate this Agreement at any time for any reason, with or without cause, upon thirty days' written notice. Raidbox may suspend performance under or terminate this Agreement and cease transmission of data associated with your account immediately and without notice if Raidbox, in its sole discretion, deems that you have breached any part of this Agreement.
2.3. After termination, you will no longer have access to your account and Your Data, including but not limited to e-mails, log files, databases, or other data files associated with your account may be deleted. Raidbox accepts no liability for such deleted information or content.
DESCRIPTION OF SERVICES.
Subject to and conditioned upon Raidbox’s retained rights and all other terms and conditions set forth in this Agreement, Raidbox offers the Raidbox Services as soon as practicable after registration and payment of any fees due. You are responsible for maintaining the confidentiality of your password and account and are fully responsible for all activities that occur under your password and account.
The Raidbox Services are subject to the following conditions and restrictions:
3.1. You are responsible for backing up Your Data. Raidbox does not warrant or guarantee that it will back up your data or that any backed-up data can be retrieved, and Raidbox will not be responsible for any archiving, backup, loss, damage, or corruption of Your Data. Raidbox shall have no obligation or liability if Your Data is damaged, deleted, lost, or corrupted in any way.
3.2. Raidbox shall not be responsible or liable for any of Your Data or any content stored, transmitted, or accessed using the Raidbox Services.
FEES AND TAXES.
4.1. Fees for the Raidbox Services are as published on the Raidbox website and may be modified at any time in Raidbox’s sole discretion.
4.2. Raidbox does not charge taxes (including GST/HST or any other applicable taxes) on its services. You are solely responsible for determining, collecting, and remitting any applicable taxes related to your use of the services or any transactions conducted through your account or website.
NO WARRANTIES BY RAIDBOX.
THE RAIDBOX SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT THE USE OF THE RAIDBOX SERVICES IS AT YOUR SOLE RISK. RAIDBOX DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. RAIDBOX DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
RAIDBOX’S LIMITED LIABILITY.
IN NO EVENT SHALL RAIDBOX BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF OR OTHERWISE RELATING TO THE RAIDBOX SERVICES. RAIDBOX SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE, OR CORRUPTION OF YOUR DATA OR ANY THIRD-PARTY CLAIMS RELATED TO YOUR DATA OR CONTENT.
YOUR OBLIGATIONS AND WARRANTIES.
7.1. You warrant that your use of the Raidbox Services and all Your Data shall comply with all applicable laws.
7.2. You are solely responsible for Your Data and any content stored or transmitted using the Raidbox Services.
INDEMNIFICATION.
You agree to fully defend and indemnify Raidbox, its officers, directors, affiliates, agents, and assigns from any and all claims, demands, actions, suits, losses, liabilities, damages, fines, penalties, costs, and expenses (including reasonable attorneys' fees) arising from your use of the Raidbox Services, Your Data, or any breach of this Agreement.
GOVERNING LAW AND JURISDICTION.
This Agreement shall be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflicts of law principles.Any and all disputes, claims, or proceedings arising out of or relating to this Agreement or the Raidbox Services shall be resolved exclusively in the courts of competent jurisdiction located in British Columbia, Canada. You irrevocably submit to the exclusive jurisdiction of such courts and waive any objection to venue or inconvenience of forum.
ENTIRE AGREEMENT.
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements or understandings. Raidbox may modify this Agreement at any time by posting the revised terms on its website, and such modifications shall be effective immediately upon posting. Your continued use of the Services constitutes acceptance of the modified terms.