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Term of Services

AquaNX agrees to furnish services to the User, subject to the following TOS (Terms of Service). Use of AquaNX Service constitutes acceptance and agreement to AquaNX’s AUP as well as AquaNX’s TOS (Terms of Service).

 

Payment Policy

User acknowledges that AquaNX provides service through subscription. All payments are due on the renewal date of the month for that month’s service. 
Service will be interrupted on accounts that reach 3 days past due. Service interrupted for nonpayment is subject to an administrative fee of $50. Failure to pay will result in suspension or termination of User’s account. Accounts that are not collectable by AquaNX, may be turned over to an outside collection agency for collection, and the User agrees to pay for all collection, legal and attorney costs.
User understands that AquaNX may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon AquaNX achieving and maintaining its cost of service goals.

Additional Administrative Fees

Users that have their assigned AquaNX IP addresses placed on SPAM blacklists, or that cause other IP addresses within AquaNX network to become blacklisted, may be assessed a $50 per blacklisted IP administrative fee.
User with servers that are subjected to more than one IP null-route (resulting from network attacks) in any given month may be assessed an administrative fee of $50 per null-route. A null-route shall not be put in place unless the attack exceeds 500 Mbps or 50,000 packets per second in size or unless the attack negatively impacts AquaNX’s network. Any User who is the source of DoS/DDO from AquaNX’s network may be subject to a $500 administrative fee and possible account termination.
Users could re-install the OS on their servers from their own control panel, through a simple click. Furthermore, Users are allowed to request up to one free reinstallation per calendar month of the operating system by AquaNX staff. If Users request more than one reinstallation per calendar month or requests a change of the installed Operating system, then these may be charged at $25 per installation by AquaNX staff.
Any abuse complaint received by AquaNX in connection with services provided to or by User shall be administratively processed by AquaNX and a copy provided to (or notification of if complaint was not received in electronic form) User for appropriate handling. User is expected to take all necessary action to resolve the abuse complaint within 24 hours of notification. At the sole discretion of AquaNX, an administrative fee of up to $10 per complaint processed may be assessed.
AquaNX reserves the right to terminate the account without notice and without any refunds if in the judgment of the AquaNX network administrators the user\'s server is the source of the violation of any terms specified in this policy. The policy violating user will be held responsible for any damages to AquaNX, including but not limited to, AquaNX\'s system, servers, connectivity, reputation, business, service, network, operations, or equipment. The user may be charged a $500 clean up fee.

 Service Cancellation

Service cancellation may be made in the Customer Portal (by clicking the Cancellation Button), or in writing with 3 days prior to the renewal of next billing cycle in the form of a ticket opened in http://www.raksmart.com/whmcs/clientarea.php.  Email is not an acceptable form of cancellation request.

Support Boundaries

AquaNX provides support related to your server or virtual site physical functioning. AquaNX does not offer tech support for anything above OS, especially any application-related issues.

Consent to Monitoring

AquaNX is under no obligation to monitor the material residing on or transmitted to this server. The User is solely responsible for determining the legality of their server content. However, anyone using this server agrees that AquaNX may monitor the server contents periodically to (1) comply with any necessary laws, regulations or other governmental requests and these terms of use; (2) to operate the server properly or to protect itself and its users. AquaNX reserves the right to modify, reject, or eliminate any material residing on or transmitted to its server that it, in its sole discretion, believes is unacceptable or in violation of the law or these terms and conditions.

ONLY authorized users may use AquaNX systems and applications with access control. User processing activities will be monitored for administrative and security purposes. Anyone using these systems or applications expressly consents to such monitoring.

Unsolicited Commercial Email and SPAM

Users may not send unsolicited e-mail messages, including, without limitation, bulk commercial advertising or informational announcements ("Spam") in a way that could be reasonably expected to adversely impact AquaNX\'s Network and Services, including, without limitation, using an e-mail account on AquaNX\'s network to send Spam, or using the service of another provider to send Spam or to promote a site hosted on or connected to AquaNX\'s network. In addition, Users may not use AquaNX\'s Network and Services in order to (a) send e-mail messages which are excessive and/ or intended to harass or annoy others, (b) continue to send e-mail messages to a recipient that has indicated that he/she does not wish to receive them, (c) send e-mail with forged TCP/IP packet header information, (d) send malicious e-mail, including, without limitation, "mailbombing", (e) send or receive e-mail messages in a manner that violates the use policies of any other internet service provider, or (f) use an e-mail box exclusively as a storage space for data.
 
Violation of any of AquaNX’s SPAM policy may result in a fee of at least $50 and you face suspension or termination of your account.

System and Network Security

Users are prohibited from violating or attempting to violate the security of AquaNX\'s Network and Services, including, without limitation, (a) accessing data not intended for such User or logging into a server or account which such User is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with, disrupt or disable service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mailbombing" or "crashing", (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, or (e) taking any action in order to obtain services to which such User is not entitled. Violations of system or network security may result in civil or criminal liability. AquaNX will investigate occurrences that may involve such violations and may involve, and co-operate with, law enforcement authorities in prosecuting Users who are involved in such violations.
We reserve the right, to drop the section of IP space involved in Spam or Denial-of-Service 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 your network or a customer\'s network, or if denial of service attacks are originating from your network. In certain cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.
Any User who is being DoS/DDOs or is DoS/DDOsing from AquaNX network may be subject to a $500 administrative fee and possible account termination.

Suspension or Termination of Service

AquaNX reserves the right to suspend network access to any User if in the judgment of the AquaNX network administrators the user\'s server is the source or target of the violation of any of terms specified in this policy. If inappropriate activity is detected, AquaNX reserves the right to terminate the account without notice and without any refunds. The user will be held responsible for any damages to AquaNX, including but not limited to, AquaNX\'s system, servers, connectivity, reputation, business, service, network, operations, or equipment. The policy violator may be charged a $500 clean up fee. In extreme cases, law enforcement will be contacted regarding the activity.

Disclaimer of Warranties

AquaNX makes no warranty of our services either expressed or implied. It is the user\'s responsibility to have backups of their data at all times. AquaNX has the right to restrict access to any server, possibly causing you to not have access to your files. You understand that AquaNX is not required to allow access to any server on their network. AquaNX cannot be held responsible for lost, corrupt, or restricted data for any reason.

Indemnification

User agrees to indemnify and hold harmless AquaNX, AquaNX’s affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of User’s services in violation of applicable law or the AUP by User or any person using User’s log on information, regardless of whether such person has been authorized to use the services by User.

Copyright and Trademark Infringement

If AquaNX is informed of an alleged copyright or trademark infringement involving an account, AquaNX will attempt to notify the user of those allegations and secure a response. AquaNX may, in its sole discretion, remove or terminate the account containing, on a temporary or permanent basis, materials which AquaNX believes may create, constitute, or contribute to copyright or trademark infringements. Account user expressly waives the right to assert any claims against AquaNX for any such removal or termination. To inform AquanX of a possible infringement please send an email to abuse@aquanx.com.

Force Majeure

AquaNX shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond AquaNX\'s control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrosit activity, or other events of a magnitude or type for which precasutions are not generally taken in the industry.

Dispute Resolution

The Agreement shall be governed by the laws of the State of California, exclusive of its choice of law principles, and the laws of the United States of America, as applicable. The Agreement shall not be governed by the United Nations Convention on the International Sale of Goods. EXCLUSIVE VENUE FOR ALL DISPUTES ARISING OUT OF OR RELATING TO THE AGREEMENT SHALL BE THE STATE AND FEDERAL COURTS IN SANTA CLARA COUNTY, CALIFORNIA, AND EACH PARTY AGREES NOT TO DISPUTE SUCH PERSONAL JURISDICTION AND WAIVES ALL OBJECTIONS THERETO.
We can be reached via e-mail at support@aquanx.com for all questions related to these Terms of Use or any other RAKsmart website-related matter.
All provisions of contracts are subject to the TOS (Terms of Service) and AUP (Acceptance Use Policy) of AquaNX. AquaNX reserves the right to amend its policies at any time. All users must adhere to the above policies. User understands that change to the TOS or AUP by AquaNX shall not be grounds for early contract termination or non-payment.