.
SERVICES
This Service Agreement (“Agreement”) applies to the purchase
from PARADOXWEB and its affiliates (collectively, “PARADOXWEB”) of all
services (collectively, the “Services”) selected by Customer on the Service
Order Form and the Domain Name Registration Form, as applicable, incorporated
by reference and attached hereto, if any, except that if Customer is also
ordering web site production or collocation services, Customer is also
required to sign the agreements specific to those services. PARADOXWEB
reserves the right to modify its network and facilities used to provide
the Services for purposes including but not limited to accommodating evolving
technology and increased network demand, and providing enhanced services.
PARADOXWEB shall use reasonable efforts to notify Customer of any planned
changes to PARADOXWEB's network or facilities that may adversely affect
the Services provided hereunder. This agreement does not apply to customers,
which resell PARADOXWEB services. Such resellers must sign the PARADOXWEB
Reseller Agreement, which may be obtained from legal@elitrading.com.
TERM
This Agreement shall be for the term specified by Customer
on the Service Order Form or Domain Name Registration Form, as applicable
(the “Initial Term”). This Agreement will be automatically renewed, at
the end of the Initial Term, on a month to month basis unless either party
provides thirty (30) days written notice to the other of termination of
this Agreement prior to the end of the then current term. The Initial Term
and all month to month extensions thereof are collectively referred to
herein as the “Term” of this Agreement. Dedicated Server customers may
terminate this Agreement in accordance with the Cancellation section herein.
BILLING AND PAYMENT
Fees: During the term of this Agreement, Customer shall pay
the fees for the Services that are set forth on the Service Order Form
and Domain Name Registration Form, as applicable. Such fees may include
taxes, fees or assessments by governmental agencies and PARADOXWEB shall
have the right, at any time, to pass through and invoice to Customer any
new or increased taxes, fees, assessments or other charges imposed on or
required to be collected by PARADOXWEB by any governmental agency. Customer
shall also be responsible for paying all taxes, fees or assessments and
other charges imposed on Customer by any governmental agency that may result
from this Agreement, or any of the activities contemplated hereunder.
Terms Of Payment: Invoices are due and payable upon receipt.
All payments shall be made in U.S. currency.
Service Continuation After Initial Term: The fees set
forth in the Service Order Form or Domain Name Registration Form are guaranteed
during the Initial Term of this Agreement. If Customer continues to receive
the Services after the Initial Term without entering into a new agreement
or agreement extension, the fees charged after the Initial Term shall be
at the then standard PARADOXWEB rates for such services, without discount,
determined month to month.
Service Charge: Customer will pay a late payment charge
equal to 1.5% (or the highest amount permitted by law, whichever Is lower)
per month or portion thereof on the outstanding balance of any invoice
remaining unpaid thirty (30) days after the date upon which payment is
due.
Suspension Or Interruption Of Service For Non-Payment:
In the event Customer's account becomes past due, or is otherwise deemed
insecure, PARADOXWEB may, in its sole discretion, suspend, interrupt or
disconnect the Services. In the event of such suspension, interruption
or disconnection, Customer may be required to post a deposit or such other
security, as PARADOXWEB deems necessary in order to resume receiving the
Services. In addition, if PARADOXWEB in its sole discretion, deems Customer
to be financially insecure, PARADOXWEB may require such other action of
Customer, including letters of credit, security deposit(s), restrictions
on available credit or other action as PARADOXWEB may require from time
to time regardless of Customer’s then-current status or payment history.
Failure to satisfy PARADOXWEB's request for such action within timelines
set by PARADOXWEB may result in immediate termination of service without
further notice.
ACCEPTABLE USES
Customer shall at all times adhere to the PARADOXWEB Acceptable
Use Policy located at http://www.PARADOXWEB.com, as amended from time to
time by PARADOXWEB effective upon posting of the revised policy at the
URL. Notwithstanding anything to the contrary contained herein, PARADOXWEB
may immediately take corrective action, including disconnection or discontinuance
of any and all Services, or terminate this Agreement in the event of notice
of possible violation by Customer of the PARADOXWEB Acceptable Use Policy.
In the event PARADOXWEB takes corrective action due to a violation of the
PARADOXWEB Acceptable Use Policy, PARADOXWEB shall not refund to Customer
any fees paid in advance of such corrective action. Sending unsolicited
bulk messages over our network is strictly prohibited.
Any activity that infringes the intellectual property
rights of others, including copyrights, trademarks, software piracy, and
patents held by individuals and corporations is strictly prohibited.
Using ParadoxWeb.com's network to advertise, transmit,
store, or otherwise make child pornography available is strictly prohibited.
All violators will be reported to the proper authorities.
CANCELLATION POLICY
Customer may terminate this Agreement by giving PARADOXWEB
at least thirty (30) days prior written notice. However, Customer remains
obligated to pay all amounts remaining in the Initial Term, and if PARADOXWEB
has purchased equipment on behalf of Customer, including but not limited
to circuit and router, Customer shall assume responsibility for payments
for such equipment, until paid in full.
In order to terminate early, Customer’s primary contact
person on the account should notify PARADOXWEB of such request to do so.
In the case of credit card orders, all termination requests should be signed
by Customer’s primary contact person on the account who must provide the
last four digits of the credit card on file with PARADOXWEB. However, PARADOXWEB
shall not be liable for unauthorized termination of an account.
Any termination by PARADOXWEB or Customer shall not relieve
Customer of any obligations to pay fees accrued prior to such termination.
IP ADDRESS OWNERSHIP
PARADOXWEB shall maintain and control ownership of all IP
numbers and addresses that may be assigned to Customer by PARADOXWEB and
PARADOXWEB reserves, in its sole discretion, the right to change or remove
any and all such IP numbers and addresses.
CACHING
Customer expressly (i) grants to PARADOXWEB a license to
cache the entirety of Customer’s Web Site, including content supplied by
third parties, hosted by PARADOXWEB under this Agreement and (ii) agrees
that such caching is not an infringement of any of Customer intellectual
property rights or any third party’s intellectual property rights.
BANDWIDTH AND/OR DISK USAGE
Customer agrees that bandwidth and/or disk usage shall not
exceed the number of megabytes per month for the Services ordered by Customer
on the Service Order Form. PARADOXWEB shall monitor the customer’s usage.
If bandwidth or disk usage exceeds the agreed upon number of megabytes
per month, PARADOXWEB, in its sole discretion, may assess additional standard
charges of $0.05 per extra Mb, disconnect or discontinue any and all Services,
or terminate this Agreement. In the event that PARADOXWEB elects to take
such action, Customer shall not be entitled to a refund of any fees paid
in advance of such corrective action.
EQUIPMENT
PARADOXWEB is acting only as a reseller and/or provider of
any hardware, software, circuit and equipment (collectively, the “Equipment”)
offered under this Agreement that was manufactured by a third party. PARADOXWEB
shall not be responsible for any changes in Service(s) that cause Equipment
to become obsolete, require modification or alteration, or otherwise affect
the performance of the Service(s). Any malfunction or manufacturer’s defects
of Equipment either sold or provided by PARADOXWEB to Customer or purchased
directly by Customer used in connection with the Service(s) will not be
deemed a breach of PARADOXWEB’s obligations under this Agreement. Any rights
or remedies Customer may have regarding the performance or compliance of
Equipment are limited to those rights extended to Customer by the manufacturer
of such Equipment. Customer is entitled to use any Equipment supplied by
PARADOXWEB only in connection with Customer permitted use of the Service(s).
Customer shall not resell, transfer, export or re-export any Equipment,
or any technical data derived therefrom, in violation of any applicable
United States or foreign law.
DISCLAIMER OF WARRANTY
Customer acknowledges and agrees that PARADOXWEB exercises
no control over, and accepts no responsibility for, the content of the
information passing through PARADOXWEB’s host computers, network hubs and
points of presence (the “PARADOXWEB Network”) or the Internet. NEITHER
PARADOXWEB, ITS EMPLOYEES, AFFILIATES, AGENTS, SUPPLIERS, THIRD-PARTY INFORMATION
PROVIDERS, MERCHANTS, LICENSORS NOR THE LIKE MAKE ANY WARRANTIES OF ANY
KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT
FOR THE SERVICES OR ANY EQUIPMENT PARADOXWEB PROVIDES. NEITHER PARADOXWEB,
ITS EMPLOYEES, AFFILIATES, AGENTS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS,
LICENSORS OR THE LIKE, WARRANT THAT THE SERVICES WILL NOT BE INTERRUPTED
OR ERROR FREE; NOR DO ANY OF THEM MAKE ANY WARRANTY AS TO THE RESULTS THAT
MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY
OR CONTENT OF ANY INFORMATION SERVICES OR MERCHANDISE CONTAINED IN OR PROVIDED
THROUGH THE SERVICES. PARADOXWEB IS NOT LIABLE FOR THE CONTENT OR LOSS
OF ANY DATA TRANSFERRED EITHER TO OR FROM CUSTOMER OR STORED BY CUSTOMER
OR ANY OF CUSTOMER’S CLIENTELE VIA THE SERVICE(S) PROVIDED BY PARADOXWEB.
INDEMNIFICATION
Customer will indemnify, save harmless, and defend PARADOXWEB
and all directors, officers, employees, and agents of PARADOXWEB (collectively
“indemnified parties”) from and against any and all claims, damages, losses,
liabilities, suits, actions, demands, proceedings (whether legal or administrative)
and expenses (including but not limited to reasonable attorneys’ fees)
arising out of or relating to the use of the Services by Customer, including
any violation of the PARADOXWEB Acceptable Use Policy. Such claims shall
include, but shall not be limited to, claims based upon trademark, service
mark, trade name, copyright and patent infringement, trademark dilution,
tortious interference with contract or prospective business relations,
unfair competition, defamation or injury to reputation, or other injuries
or damage to business.
LIMITATION OF LIABILITY
IN NO EVENT SHALL PARADOXWEB BE LIABLE FOR ANY INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR LOSS OF PROFITS, REVENUE,
DATA OR USE, SUFFERED BY CUSTOMER OR ANY THIRD PARTY, WHETHER IN AN ACTION
IN CONTRACT, TORT OR STRICT LIABILITY OR OTHER LEGAL THEORY, EVEN IF PARADOXWEB
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will PARADOXWEB’s
liability for any damages, losses and causes of actions whether in contract
or tort (including negligence or otherwise) exceed the actual dollar amount
paid by Customer for the Service which gave rise to such damages, losses
and causes of actions during the 12-month period prior to the date the
damage or loss occurred or the cause of action arose. Some jurisdictions
do not allow the exclusion or limitation of warranties or incidental or
consequential damages, so that the above limitations or exclusions may
not apply to Customer. In such jurisdictions, PARADOXWEB’s liability (and
the liability of its affiliates, agents, content providers and service
providers) shall be limited to the greatest extent permitted by applicable
law.
FORCE MAJEURE
PARADOXWEB shall not be liable for failure or delay in performing
its obligations hereunder if such failure or delay is due to circumstances
beyond its reasonable control, including, without limitation, acts of any
governmental body, war, insurrection, sabotage, embargo, fire, flood, strike
or other labor disturbance, interruption of or delay in transportation,
unavailability of or interruption or delay in telecommunications or third
party services, failure of third party software or inability to obtain
raw materials, supplies, or power used in or equipment needed for provision
of the Services.
INTELLECTUAL PROPERTY
Customer represents and warrants that Customer’s use of the
Services shall not infringe the intellectual property or other proprietary
rights of PARADOXWEB or any third party. Customer further acknowledges
that all right, title and interest in any and all technology, including
the software that is part of or provided with the Services and any trademarks
or service marks of PARADOXWEB (collectively, “PARADOXWEB Intellectual
Property”) is vested in PARADOXWEB and/or in PARADOXWEB’s licensors. Unless
otherwise specifically provided in this Agreement, Customer shall have
no right, title, claims or interest in or to the PARADOXWEB Intellectual
Property. Customer may not copy, modify or translate the PARADOXWEB Intellectual
Property or related documentation, or decompile, disassemble or reverse
engineer the PARADOXWEB Intellectual Property, to use it other than in
connection with the Services, or grant any other person or entity the right
to do so. Unless otherwise specifically provided in this Agreement, Customer
is not authorized to distribute or to authorize others to distribute the
PARADOXWEB Intellectual Property in any manner without the prior written
consent of PARADOXWEB; provided, however, that nothing in this sentence
would preclude Customer from using the PARADOXWEB Intellectual Property
as incorporated in the Services. This paragraph shall not operate to extinguish,
restrict, vary, waive or affect in any manner whatsoever any right, title
or interest which Customer may now have or hereafter acquires in, or in
relation to, the third-party software that is part of or provided with
the Services solely to the extent such third-party licensors publicly provide
such rights, title or interest in the third-party software to Customer.
CONFIDENTIAL INFORMATION
Each party acknowledges that, in the course of the performance
of this Agreement, it may have access to customer information and communications,
including proprietary information claimed to be unique, secret, or confidential,
and which constitutes the exclusive property and trade secrets of the other
party ("Confidential Information"). Except as provided in PARADOXWEB’s
Acceptable Use Policy (AUP), each party agrees to maintain the confidentiality
of the Confidential Information and to use the Confidential Information
only to the extent necessary for legitimate business uses in connection
with this Agreement. Upon request of either party or on termination or
expiration of this Agreement, each party shall return the Confidential
Information of the other party then in its possession. Nothing in this
Agreement shall prohibit or limit either party’s use of information which
(a) is now, or hereafter becomes, publicly known or available through lawful
means; (b) is rightfully in receiving party’s possession, as evidenced
by receiving party’s records; (c) is disclosed to the receiving party without
confidential or proprietary restriction by a third party who rightfully
possesses and rightfully discloses the information; (d) is independently
developed by the receiving party without any breach of this Agreement;
(e) is the subject of a written permission to disclose provided by the
disclosing party; or (f) is required by law to be disclosed.
Customer further agrees and acknowledges that PARADOXWEB
may disclose Customer account information in accordance with PARADOXWEB’s
AUP and Privacy Policy, located at http://www.PARADOXWEB.com, as amended
from time to time by PARADOXWEB effective upon posting of the revised policy
at the URL.
CUSTOMER DATA
Customer is responsible for its content residing on PARADOXWEB
servers, and except as otherwise agreed with PARADOXWEB, for the backup
thereof.
SELECTED SERVICES
By indicating choice of services, Customer agrees to the
additional provisions within:
[ ] ACCESS
Billing for PARADOXWEB service will normally commence
when the connection from the PARADOXWEB hub is completed to Customer’s
site and IP packets can be passed. However, in certain circumstances, including
but not limited to, Customer self-installations, billing will occur when
a connection from the PARADOXWEB hub and a functioning telephone circuit
is prepared to route IP packets to Customer’s site.
For Customer selecting a PARADOXWEB FLEX or MEASURED plan:
Customer may request a billing plan change at any time during
the month, but billing plans will only be changed on the first day of the
following calendar month.
For FLEX plans, Customer will be billed for excess usage
based off the standard 95th percentile rule. PARADOXWEB will sample Customer
bandwidth utilization every five (5) minutes. At the end of the month,
all samples from the month will be organized from highest to lowest. The
top 5% of samples are then discarded, and Customer will be billed based
on the next highest reading. If it is a partial month, PARADOXWEB will
bill based off the standard 95th percentile rule for the samples captured
during that partial period.
For MEASURED plans, Customer will be billed for total data
sent and received during a calendar month.
In the event that PARADOXWEB provides Equipment to Customer
free of charge, upon the termination of this Agreement for any reason,
at Customer’s election, Customer may:
purchase the Equipment at the rate of 75% of its original
retail value; or
return, at Customer’s expense, the Equipment to PARADOXWEB
in the same condition as furnished to Customer, excepting normal wear and
tear.
If Customer does not purchase or return the Equipment
within ten (10) business days of the termination of the Agreement, PARADOXWEB
will invoice Customer for the Equipment at the rate of 75% of its original
retail value.
[ ] DEDICATED SERVER
PARADOXWEB provides equipment used in Internet connectivity
services (the “Hardware”), space in its business premises to store and
operate such Hardware (“Space”) and licensing, where necessary, of the
associated operating system and web server software (the “Software”), together
comprising a dedicated server package.
Dedicated Server Set-Up and Updating. PARADOXWEB will
initially configure the Dedicated Server for use. After the Dedicated Server
is configured, the Customer will be solely responsible for all Web Server
content management.
PARADOXWEB shall provide Customer with standard maintenance
and support services for the Hardware and/or Software, if such services
are specified in Service Order Form. Customer understands that such maintenance
may require server downtime.
Exclusions. Maintenance and support services shall not
include services for problems arising out of (a) tampering, modification,
alteration, or addition to the Hardware or Software, which is undertaken
by persons other than PARADOXWEB or its authorized representatives; or
(b) hardware or software supplied by Customer.
Customer’s Duties. Customer shall document and promptly
report all errors or malfunctions of the Hardware and/or Software to PARADOXWEB.
Customer shall take all steps necessary to carry out procedures for the
rectification of errors or malfunctions within a reasonable time after
such procedures have been received from PARADOXWEB. Customer shall maintain
a current archive copy of all Software and data to the extent Customer
is authorized or otherwise has the right to do so. Customer shall properly
train its personnel in the use of the Hardware and Software.
Substitution. PARADOXWEB reserves the right to substitute,
change or modify the Hardware or Software at any time, but shall not thereby
substantially
alter the technical parameters of the Services.
E-Commerce. Customer will be solely responsible for the
development, operation and maintenance of Customer’s web site and products
and all contents and materials appearing online or on Customer’s products,
including without limitation (a) the accuracy and appropriateness of content
and materials appearing within the web site or related to Customer’s products,
(b) ensuring that the content and materials appearing within the web site
or related to Customer’s products do not violate or infringe upon the rights
of any third party, and (c) ensuring that the content and materials appearing
within the web site or related to Customer’s products are not libelous
or otherwise illegal. Customer will be solely responsible for the final
calculation and application of shipping and sales tax. Customer will also
be solely responsible for accepting, processing, and filling any customer
orders, and for handling any customer inquiries or complaints arising therefrom.
Customer is also responsible for the security of any
customer credit card numbers and related customer information Customer
may access as a result of conducting electronic commerce transactions through
the web site. Customer will keep all such information confidential and
will use the same degree of care and security as Customer uses with Customer’s
confidential information.
[ ] DATA BACKUP AND RESTORATION
Provided Customer has paid the fees set forth in the
Service Order Form, PARADOXWEB will provide Customer the following backup
and data restoration services:
Backup. PARADOXWEB will backup all files and file systems
designated by Customer (“Files”) by establishing a network connection from
Customer’s Equipment to PARADOXWEB’s storage infrastructure. PARADOXWEB
will backup the Files within a predetermined eight (8) hour window during
each seven (7) day period (the “Backup Period”). PARADOXWEB’s standard
plan is to provide one (1) full backup that stores the complete Files to
tape, and then six (6) incremental backups that store transaction logs
to tape during each Backup Period.
Retention. Files and transaction logs stored on tape
(“Stored Files”) will be retained for twenty-eight (28) days, after which,
PARADOXWEB may, at its option, destroy the Stored Files. Unless otherwise
designated, Stored Files will be retained on PARADOXWEB’s business premises.
At Customer’s option, the Stored Files will be retained at a facility of
PARADOXWEB’s choice outside of the PARADOXWEB’s business premises for the
fees specified on the Service Order Form.
Restoration. Restoration of Stored Files that are retained
on PARADOXWEB’s business premises to Customer’s Equipment will begin within
thirty (30) minutes of Customer’s request.
Availability. Customer agrees that PARADOXWEB will not
be in breach of this Agreement if its failure to provide the Services is
due to scheduled down-time for backup and restore utility maintenance,
network and utility outages, and other force majeure events set forth in
this Agreement.
Customer Permission. Customer expressly grants PARADOXWEB
and PARADOXWEB’s third party service providers, for the purpose of providing
the data backup and restoration services, the right to access the Customer
Equipment and the right to reproduce the Files.
Disclaimer CUSTOMER AGREES AND ACKNOWLEDGES THAT THE
DATA BACKUP AND RESTORATION SERVICES ARE NOT INTENDED TO BE A COMPREHENSIVE
DISASTER RECOVERY SOLUTION. PARADOXWEB MAKES NO COMMITMENT UNDER THE DATA
BACKUP AND RESTORATION SERVICES TO REPLACE OR REPAIR SERVERS OR OTHER EQUIPMENT.
[ ] VIRTUAL (SHARED) HOSTING
Server Set-Up and Updating. PARADOXWEB will initially
configure the Server for use. After the Server is configured, the Customer
will be solely responsible for all Web Server content management.
Maintenance Services. PARADOXWEB will perform maintenance
services as PARADOXWEB determines reasonably necessary to maintain the
continuous operation of the Server. Customer understands that such maintenance
may require server downtime. PARADOXWEB will attempt to provide prior notice
of the maintenance downtime, except when circumstances beyond PARADOXWEB’s
control limit PARADOXWEB’s ability to do so.
Excessive CPU Usage. Customer agrees that Customer shall
not use excessive amounts of CPU processing on any of PARADOXWEB’s servers.
Any violation of this policy may result in corrective action by PARADOXWEB,
in its sole discretion, including assessment of additional charges, disconnection
or discontinuance of any and all Services, or termination of this Agreement.
In the event that PARADOXWEB elects to take any corrective action, Customer
shall not be entitled to a refund of any fees paid in advance prior to
such corrective action. E-Commerce. Customer will be solely responsible
for the development, operation and maintenance of Customer’s web site and
products and all contents and materials appearing online or on Customer’s
products, including without limitation (a) the accuracy and appropriateness
of content and materials appearing within the web site or related to Customer’s
products, (b) ensuring that the content and materials appearing within
the web site or related to Customer’s products do not violate or infringe
upon the rights of any third party, and (c) ensuring that the content and
materials appearing within the web site or related to Customer’s products
are not libelous or otherwise illegal. Customer will be solely responsible
for the final calculation and application of shipping and sales tax. Customer
will also be solely responsible for accepting, processing, and filling
any customer orders, and for handling any customer inquiries or complaints
arising therefrom.
Customer is also responsible for the security of any customer
credit card numbers and related customer information Customer may access
as a result of conducting electronic commerce transactions through the
Software. Customer will keep all such information confidential and will
use the same degree of care and security as Customer uses with Customer’s
confidential information.
[ ] MANAGED SECURITY SERVICE
Customer acknowledges that Managed Security Service is
an important component of a comprehensive security system, but does not
guarantee network security or prevent security incidents. Managed Security
Service is intended for use in conjunction with a single Internet connection
to Customer’s network. Customer acknowledges that maintaining multiple
Internet connections, unless protected by an Internet security firewall
product or service, significantly decreases the overall level of network
security. Customer acknowledges that Managed Security Service is a perimeter
device and is not designed to provide any internal security protection
to Customer’s network.
Customer shall appoint and maintain a Managed Security
Manager and two (2) Managed Security Technical Contacts as listed from
time to time on the Managed Security Contacts Schedule to be attached to
this Agreement if such services are ordered. Customer may change any designation
by giving seven (7) days prior written notice to PARADOXWEB.
Customer acknowledges that as part of the Managed Security
Service, PARADOXWEB may change the security configuration or disconnect
Customer from the Internet without notice upon the occurrence of security
problems. Customer agrees not to hold PARADOXWEB liable for any such change
or disconnection.
MISCELLANEOUS
GOVERNING LAW
The validity, interpretation, enforceability, and performance
of this Agreement shall be governed by and construed in accordance with
the laws of the city of Montreal, Canada.
ENFORCEMENT OF AGREEMENT
In the event it is necessary for PARADOXWEB to enforce its
rights under this agreement, Customer agrees to pay all fees incurred by
PARADOXWEB (including, but not limited to, attorney's fees and collection
agency fees)
AMENDMENT OR WAIVER
Except as otherwise provided herein, this Agreement may not
be amended except upon the written consent of Customer and an officer of
PARADOXWEB. No failure to exercise and no delay in exercising any right,
remedy, or power hereunder shall operate as a waiver thereof, nor shall
any single or partial exercise of any right, remedy, or power hereunder
preclude any other or further exercise thereof or the exercise of any other
right, remedy, or power provided herein or by law or in equity. The waiver
by any party of the time for performance of any act or condition hereunder
shall not constitute a waiver of the act or condition itself.
ASSIGNMENT AND SEVERABILITY
This Agreement shall be binding upon and inure to the benefit
of Customer, PARADOXWEB and our respective successors, and assigns. Customer
may not assign this Agreement without the prior written consent of PARADOXWEB,
which consent will not be unreasonably withheld. If any provision of this
Agreement shall be held by a court of competent jurisdiction to be invalid,
unenforceable, or void, the remainder of this Agreement shall remain in
full force and effect.
NOTICES
All notices to Customer hereunder shall be given at the Billing
Address provided on the signature page hereto. All notices to PARADOXWEB
hereunder shall be given to:
Legal Department
PARADOXWEB
Arch. Makarios Ave
Limassol, Cy
3030 Cyprus
Any notice hereunder shall be in writing and shall be
given by registered, certified or Express mail, or reliable overnight courier
addressed to the addresses in this Agreement, or by facsimile. Notice shall
be deemed to be given upon the earlier of actual receipt or three (3) days
after it has been sent, properly addressed and with postage prepaid.
ENTIRE AGREEMENT
This Agreement, and any other document or agreements specifically
identified in this Agreement, supercedes all previous representations,
understandings or agreements.
ACCEPTANCE OF SERVICES
ACCEPTANCE OF THIS AGREEMENT BY PARADOXWEB MAY BE SUBJECT,
IN PARADOXWEB’S ABSOLUTE DISCRETION, TO SATISFACTORY COMPLETION OF A CREDIT
CHECK AND CONTINUED CREDIT WORTHINESS OF CUSTOMER. ACTIVATION OF SERVICE
SHALL INDICATE PARADOXWEB’S ACCEPTANCE OF THIS AGREEMENT. USE OF THE PARADOXWEB
NETWORK CONSTITUTES ACCEPTANCE OF THIS AGREEMENT. CUSTOMER REPRESENTS AND
WARRANTS THAT CUSTOMER HAS FULL AUTHORITY AND RIGHT TO ENTER INTO THIS
AGREEMENT. CUSTOMER FURTHER REPRESENTS AND WARRANTS THAT CUSTOMER IS AT
LEAST 18 YEARS OF AGE.