NEXX™ TERMS OF SERVICE AGREEMENT

If YOU accept this Agreement without reading it in its entirety, YOU are still bound by this Agreement in its entirety.

The following is the entire service agreement between NEXX Inc. (NEXX™) and the personal or corporate account holder (YOU / YOUR).


1. Service - NEXX™ will provide YOU with storage space on a NEXX™ server for hosting a World Wide Web site (SITE) according to a selected plan at the site www.NEXX.com, in exchange for YOU paying the prescribed fee.

2. Privacy Policy - NEXX™ will not sell YOUR personal or financial information to any third parties. NEXX™ will not give YOUR personal or financial information to any law enforcement authorities or legal agents without a proper court order, subpoena or warrant.

3. Limitations:
  1. any content on YOUR Web site that is prohibited by the laws of any sovereign state, obscene under the laws of any sovereign state, or otherwise considered by NEXX™, in its sole discretion, to be offensive, disruptive, obscene, inappropriate or otherwise an administrative burden, may be removed or deleted without any compensation to YOU;
  2. YOU agree not to engage in any activity that can overwhelm NEXX™ servers with heavy usage, or that requires a disproportionate amount of resources of its servers, including but not limited to, highly active CGI or chat scripts;
  3. if YOU exceed the bandwidth limit for the service subscribed to, YOU must either upgrade the subscribed service to a service that accommodates such usage, purchase additional bandwidth, or reduce such bandwidth usage. Failure to comply will result in termination of YOUR account, without any compensation to YOU; and
  4. YOU may not use any images, marks, or other content on YOUR Web site that is owned by any NEXX™ partner, without explicit licence or consent from that partner.
4. User liability - YOU are liable for all content on YOUR site, including the legality and preservation (i.e. making back-ups) of same.

5. Amendments - YOU agree to abide by any amendments made to this Agreement, from time to time, as posted at www.NEXX.com.

6. E-mail - e-mail service is subject to the following restrictions:
  1. YOU agree not to send any e-mail that is prohibited by the laws of any sovereign state, obscene under the laws of any sovereign state, or otherwise considered by NEXX™, in its sole discretion, to be offensive, disruptive, obscene or inappropriate;
  2. YOU will not exceed the allowable storage capacity of the e-mail account. If YOU exceed the allowable storage capacity, YOU must either upgrade the subscribed service to a service that accommodates such usage, purchase additional storage space, or reduce your storage;
  3. YOU will not send spam mail (i.e. unsolicited e-mail);
  4. YOU will at all times be liable for the safeguarding of YOUR password and account information; and
  5. if YOU breach any term of this Agreement, NEXX™ reserves the right to delete YOUR mailbox without any compensation to YOU.
7. User obligation - YOU will at all times keep NEXX™ apprised of YOUR current contact and billing information.

8. Web site suspension / termination - if litigation or a similar adjudicative proceeding is commenced against YOU in respect of your SITE, and upon receipt by NEXX™ of a Court-issued copy of such proceeding, YOUR SITE will be temporarily deactivated. The deactivation period will last until YOU have filed an appropriate Defence in respect of such proceeding, and provided NEXX™ with a Court-issued copy of same. If YOU fail to defend any such proceeding, YOUR SITE will remain deactivated, without any compensation to YOU.

9. Domain name registration - second-level domain names registered through NEXX™ by YOU are governed by the terms located here.

10. Refund Policy - the thirty-day Web hosting refund policy of NEXX™ is subject to the terms located here.

11. No Representations or Warranties - services are provided as is, without any representations or warranties of any kind either expressed or implied.

12. Limitation of Liability - NEXX™ is not responsible for any failures, delays, or interruptions in the delivery of any content or services contained on the NEXX™ server, or losses or damages arising from the use of the content or services provided by NEXX™ or third parties in connection with NEXX™. NEXX™ is not responsible for any financial losses by YOU in association with YOUR SITE.

13. Indemnity - YOU agree to indemnify and hold NEXX™ harmless from and against, and to reimburse NEXX™ with respect to, any and all losses of every nature whatsoever incurred by NEXX™ arising out of (i) any breach of this Agreement by YOU; (ii) any infringement of any copyright, trade-mark, patent, trade secret or any other intellectual property right of any person by content on the SITE; or (iii) illegal, libelous, or defamatory content on the SITE.

14. Termination - both YOU and NEXX™ have the option to terminate this Agreement at any time, upon providing five-business days prior notice to the other. NEXX™ may terminate this Agreement at any time without notice or compensation to YOU if YOU violate any term of this Agreement, engage in illegal conduct, post illegal material, overwhelm NEXX™ servers or central processing units (CPUs), or engage in any conduct NEXX™ deems in its sole discretion to be disruptive or harmful.

15. Assignability - this Agreement is assignable to a third party by NEXX™ upon notice to YOU. Such notice will be published on the Web site www.NEXX.com.

16. Renewal - upon expiration, this Agreement will renew automatically for the same duration as previously agreed to, unless you advise NEXX™ otherwise prior to said expiration. Renewal fees must be received by NEXX™ within 15 (fifteen) days of said expiration, failing which YOUR SITE and e-mail account(s) will be placed on accounting hold. If the renewal fees are not received within 90 (ninety) days of expiration, all SITE and e-mail content will be deleted and removed from NEXX™ servers without any compensation or notice to YOU. NEXX™ reserves the right to not automatically renew any service plan.

17. General - the following terms apply:
  1. this Agreement is governed by and construed in accordance with the applicable laws of the Province of Ontario and the federal laws of Canada and is treated in all respects as an Ontario-based contract;
  2. the excusing of any provision in this contract does not excuse any other or subsequent provision in this contract;
  3. any invalid, illegal or inoperative clause of this Agreement will not affect the valid reading and application of all other clauses of this Agreement;
  4. this Agreement, together with the policies prescribed at www.NEXX.com constitutes the entire Agreement between YOU and NEXX™;
  5. any term or condition of this Agreement, which by its nature extends beyond the term or expiry of this Agreement, survives the termination or expiry of this Agreement;
  6. this Agreement is executed in electronic and paper counterparts, each of which is an original, and all of which together are one and the same instrument;
  7. NEXX™ maintains the right to refuse service if it considers it would be disruptive to its business to provide such service;
  8. any failure by NEXX™ in satisfying any provision of this Agreement will be excused if that failure is brought about by any act of God, war, disaster, disease, criminal act, attack, power loss, weather, invasion or incapacity; and
  9. all remedies available to NEXX™ under this Agreement survive termination of this Agreement without limitation


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