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eNautics' Terms of Service
The following terms and conditions (these
"Terms") govern the provision by eNautics Corporation. ("Company")
of the services and/or products (referred
collectively herein as "Services and Products")
described on the Server Order Form, the Service
Level Agreement and Service Exhibit attached
hereto (collectively the "Service
Descriptions”) and defined in any of the
Company’s product support listing, to the customer
("Customer") identified on the Service
Descriptions. The Service Descriptions, these
Terms and the attachments and any addenda hereto,
executed with respect to the Services
and Products, are referred to herein,
collectively, as this "Agreement."
By submitting the online order form, Customer
hereby agrees to the following:
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Customer agrees to be bound by the service
term selected on the online order form or via
applicable promotional codes.
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Customer agrees
Analytics service fees are
non-refundable.
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Analytics charges will be incurred
immediately at signup and rendered in advance of
each monthly service term.
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Non-Payment of services shall result in a
5-day notice of disconnection. All payment
failures must be cured within 5 days of notice.
Customers failing to secure payment within 5
days of notice will incur service interruption.
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Service
Cancellations must be submitted using the
cancellation form inside eNautics Client Site (http://www.eNautics.com/x/member.php)
at least 7 days before your next monthly billing
cycle.
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Company is not responsible for data
integrity on equipment reclaimed for
non-payment.
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Utah residents agree to pay all taxes
applicable to your account.
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Customer agrees to adhere to the the Company
Acceptable Use Policy.
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Customer agrees to adhere to the the Company
Data Center Rules and Procedures.
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Customer agrees not to engage in activity
that violates federal (United States), state
(Utah) or local (Dallas County) laws applicable
to the service terms described herein.
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Company reserves the right to discontinue
service to any subscriber it deems, in its sole
discretion, violates any condition of service
including the Acceptable Use Policy, Data Center
Rules and Procedures, and Terms of Services.
Additionally, in consideration for hosting
services to be delivered, Customer agrees to be
bound to the following terms:
1. Indemnification.
Customer agrees to indemnify and
hold harmless Company and the employees and agents
of Company (each an "Indemnified Party") against
any losses, claims, damages, liabilities,
penalties, actions, proceedings or judgments
(collectively, "Losses") to which an Indemnified
Party may become subject and which Losses arise
out of, or relate to this Agreement or Customer’s
use of the Services and Products, and will
reimburse an Indemnified Party for all legal and
other expenses, including reasonable attorneys’
fees incurred by such Indemnified Party in
connection with investigating, defending or
settling any Loss whether or not in connection
with pending or threatened litigation in which
such Indemnified Party is a party.
2. Limitation on Company Liability.
Company shall not be deemed to be
in default of any provision of this Agreement or
be liable for any failure of performance of the
Services and Products to Customer resulting,
directly or indirectly, from any (i) weather
conditions, natural disasters or other acts of
God, (ii) action of any governmental or military
authority, (iii) failure caused by
telecommunication or other Internet provider, or
(iv) other force or occurrence beyond its control.
The exclusive remedy against Company for any
damages whatsoever to Customer arising out of or
related to this Agreement shall be the refund of
the fees paid by Customer to Company with respect
to the then current term of this Agreement.
COMPANY SHALL NOT BE LIABLE FOR (i) ANY INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR
FOR ANY LOSS OF PROFITS OR LOSS OF REVENUE
RESULTING FROM THE USE OF THE COMPANY’S SERVICES
AND PRODUCTS BY CUSTOMER OR ANY THIRD PARTIES, OR
(ii) ANY LOSS OF DATA RESULTING FROM DELAYS,
NONDELIVERIES, MISDELIVERIES OR SERVICE
INTERRUPTIONS COMPANY PROVIDES THE SERVICES AND
PRODUCTS AS IS, WITHOUT WARRANTY OF ANY KIND,
WHETHER EXPRESS OR IMPLIED COMPANY DISCLAIMS ALL
IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE CUSTOMER SHALL BE
SOLELY RESPONSIBLE FOR THE SELECTION, USE AND
SUITABILITY OF THE SERVICES AND PRODUCTS AND
COMPANY SHALL HAVE NO LIABILITY THEREFORE.
3. Arbitration. ANY
CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO
THIS CONTACT OR ANY BREACH THEREOF IN EXCESS OF
$250.00 SHALL BE SETTLED BY ARBITRATION IN
ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES
OF THE AMERICAN ARBITRATION ASSOCIATION AND
JUDGMENT UPON THE AWARD RENDERED BY THE ARBITRATOR
MAY BE ENTERED IN ANY COURT HAVING JURISDICTION
THEREOF.
4. Notices. Unless
otherwise specified herein, any notices or other
communications required or permitted hereunder
shall be sufficiently given if in writing and
delivered personally or sent by facsimile
transmission, internationally recognized overnight
courier, registered or certified mail, to the
address or facsimile number of Customer as set
forth in the Service Descriptions or Company as
set forth below. Such notices or other
communications shall be deemed received (i) on the
date delivered, if delivered personally, (ii) on
the date that return confirmation is received, if
sent by facsimile, (iii) on the business day (or,
if international, on the second business day)
after being sent by an internationally recognized
overnight air courier or (iv) five days after
being sent, if sent by first class registered
mail, return receipt requested. eNautics
Corporation, 559 E. Technology Ave., Building C,
Orem, Utah 84097,
Attention Accounting Manager, Facsimile Number
(801)406-0007.
5. Governing Law. This
Agreement shall be governed by and construed in
accordance with the laws of the State of Utah, USA,
without regard to choice of law provisions that
would cause the application of the law of another
jurisdiction.
6. Miscellaneous.
Failure by either Company or
Customer to enforce any of the provisions of this
Agreement or any rights with respect hereto or the
failure to exercise any option provided hereunder
shall in no way be considered to be waiver of such
provisions, rights or options, or to in any way
affect the validity of this Agreement. If one or
more of the provisions contained in this Agreement
are found to be invalid, illegal or unenforceable
in any respect, the validity, legality and
enforceability of the remaining provisions shall
not be affected. This Agreement may be executed in
any number of counterparts, each of which shall be
deemed an original, but all of which together
shall constitute one and the same instrument.
eNautics
Corporation
559 E. Technology Ave.
Orem, Utah 84097 |
