The company ManageMyBox refers to all accounts under the ManageMyBox name. If service was ordered specifically from managemybox.com this agreement applies to customer. This document is designed to provide specific information about service and terms accepted on service sign-up. This agreement is displayed on customer order and sign-up pages and requires customer to show their acceptance by a tick box on the form, if customer does not agree they should not continue with the order.

ACCEPTANCE OF AGREED TERMS

Use of service constitutes acceptance and agreement to ManageMyBox Terms of Service, Acceptable Use Policy, Privacy Policy, Guarantees Policy and Management Policy. Once above mentioned documents have been agreed to ManageMyBox agrees to furnish services to client.

This Service Agreement governs customer's purchase and use, in any manner, of all services, including Dedicated and Managed Hosting, as described in the Order Form, ordered by customer and accepted by ManageMyBox and describes the terms and conditions that apply to such purchase and use of the Services. ManageMyBox reserves the right to change or modify any of the terms and conditions contained in this Agreement, the Addendum and any policy or guideline incorporated by reference at any time and from time to time in its sole discretion, and to determine whether and when any such changes apply to both existing or future customers. Any modification will be effective upon posting of the revisions on our site. 

ManageMyBox may post changes or modifications to referenced policies and guidelines without notice to you. Your continued use of the Services following ManageMyBox posting of any changes or modifications will constitute your acceptance of such changes or modifications. IF CUSTOMER DOES NOT AGREE TO THE TERMS OF ANY MODIFICATION, DO NOT CONTINUE TO USE THE SERVICES AND IMMEDIATELY NOTIFY MANAGEMYBOX OF YOUR TERMINATION OF THIS AGREEMENT IN THE MANNER DESCRIBED BELOW.

SERVICE RATES

Client agrees that they are bound by the service term specified on account order form as well as the rates specified on order forms. Charges will be made immediately after order form is submitted and then service will be made available within 48 hours after payment has been verified.

This Agreement shall be for an "Initial Term" of thirty (30) days for all services -- including Dedicated and Managed Hosting. Customer agrees to all terms and conditions of services provided by ManageMyBox, beginning upon receipt by fax, e-mail, or express mail.

PAYMENT

Client agrees to pay for all services rendered in advance of each monthly term.

Initial payment is due upon activation of account. Activation takes effect on the date of receipt of payment, and will be renewed automatically for identical successive periods. Any changes made to the customer's package shall be billed accordingly.

Upon registration for Dedicated and Managed hosting, customer must choose to pay for the Services by PayPal. If customer chooses to pay by PayPal upon registering for Dedicated Hosting services, customer thereby authorizes PayPal to charge your account automatically to pay for any charges that may apply to your account. Customer must notify ManageMyBox of any changes to your PayPal account (including, without limitation, applicable account number or cancellation or expiration of the account), your billing address, or any information that may prohibit PayPal from charging your account and thus prohibit customer from paying for ManageMyBox services.

Customer understands that payments are made via PayPal.com which is an external service and ManageMyBox does not hold any customer card details on its own systems, therefore any billing errors are likely the fault of PayPal.com and not ManageMyBox, therefore customer should contact PayPal.com customer services if a dispute is to be resolved.

ManageMyBox may also send periodic invoices to customer for any applicable Supplemental Charges associated with your use of the Services. Customer agrees to pay to ManageMyBox the amount indicated in each invoice by the due date reflected on the invoice, normally this is expected within twenty-four (24) hours.

If customer fails to pay any service fees and taxes within three (3) days from applicable due date for monthly or one-time invoice payments, a late payment fee of $10.00 become payable by you to ManageMyBox. In addition, customer's failure to fully pay all  fees and taxes within five (5) days after the applicable due date will be deemed a material breach of this Agreement, justifying ManageMyBox suspension of its performance of the Services and/or termination of this Agreement. Customer is responsible for any fees associated with reinstatement of Services. Any such termination would not relieve customer from paying past due fees plus interest. In the event of collection enforcement, customer will be liable for any costs associated with such collection, including, without limitation, reasonable attorneys' fees, court costs and collection agency fees.

ManageMyBox reserves the right to suspend the customer's account and services without notice should there be any problems with the customers method of payment. This includes expired credit cards, declined credit cards, inactive credit cards, PayPal problems and invalid checks.

AGREEMENT RENEWAL

This Agreement will be automatically renewed (the "Renewal Term") at the end of the Initial Term for the same period as the Initial Term unless you provide ManageMyBox with notice of termination either (a) at least five (5) days prior to the end of the Initial Term or the Renewal Term, whichever is then applicable.

REFUNDS AND FEES

All charges for Services (including installation and professional support fees) are non-refundable and must be paid in advance according to the then current price applicable to the Services.

ACCOUNT CANCELLATION

An account cancellation request form is available in our Customer Control Center under the ManageMyBox section and this is where all cancellation requests MUST be submitted. Cancellation requests will be handled within 24 hours and service will be terminated at the end of the current payment term. On cancellation customer agrees that this is final and once server is shut down all data will be wiped for security and privacy reasons.

IMPORTANT: A Cancellation request MUST be made AT LEAST five (5) days before the next renew date or else service WILL NOT be cancelled until the following month. Should customer not complete this process on time and customer is billed for another month, no refund will be given.

TAXES

ManageMyBox shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from the customer or ManageMyBox servers. Customer also agrees to take full responsibility for all taxes and fees of any nature associated with any such products or services sold.

BANDWIDTH MONITORING & NETWORK USAGE

Bandwidth utilization will be monitored via MRTG and calculated by the following method: Monthly Avg. In + Monthly Avg. Out / 8 Bits x 60 seconds x 60 minutes x 24 hours x 30.5 days = Total Data Transfer (GB). Bandwidth graphs are made available via Customer Control Center with a calculator to track current usage for the month. It is customers responsibility to monitor bandwidth usage and if customer goes over allocated service quota a fee of $0.50 per 1GB over standard allocation will be applicable.

Each port is set at 100Mbps as standard.

Because bandwidth is a shared resource, excessive consumption of network bandwidth can interfere with or completely prevent normal network performance for other servers. Persistent, high-volume use of bandwidth-intensive tools and applications can and does prevent other users from being able to access the network. In the event of customer service impacting another customers service ManageMyBox may cap port temporarily at 10Mbps or disable access until an acceptable resolution is reached between Customer and ManageMyBox.

In accordance with ARIN guidelines, each server is allocated with 3 IP addresses as standard with no exceptions. You may request to obtain the remaining 7 ips to be part of your IP space as long as valid justification per ARIN regulations is supported. Same terms and conditions apply for the request of 10 additional IP's at the cost of $10.00 per month. Each server is allowed 20 IP's maximum. IP Addresses may be requested via Customer Control Center where customer will be required to submit justification form before IP addresses are assigned.

CHARGEBACKS

Chargebacks will result in the immediate deletion of any and all accounts held by the credit card holder issuing the chargeback. There is a $25 administrative fee for any illegitimate chargebacks placed against us. Any illegitimate chargebacks or threatened illegitimate chargebacks are grounds for immediate account cancellation.

NATURE OF SERVICE PROVISION

While ManageMyBox will do our best to keep downtime to a very minimum and stick to our guarantees, in the changing world of technology many things can happen and therefore ManageMyBox cannot be held responsible for any downtime or service outage and therefore cannot be held responsible for any damages incurred by the customer. While we do issue service credits for downtime as decided on a case by case basis by ManageMyBox this is as far as our responsibility for any downtime goes and no credit will go beyond customers monthly fee for service. In no event shall the company be liable for any special or consequential damages, loss or injury.

AGREEMENT BY THIRD PARTIES

If customer is reselling this service to a third party, Customer must ensure that third party has also agreed to a copy of our Terms and Conditions and Acceptable Use Policies and ManageMyBox recommend that Customer creates their own stricter version since Customer is responsible for all actions made by the third party while using ManageMyBox services.

ACCOUNT OWNERSHIP

The Customer who is paying for service owns it. Therefore, if a change is needed the Customer must authorise it and ManageMyBox will not respond to anybody but the Customer. If a third party requests, for instance, a password change or a server reboot, it will be refused until authorisation is obtained from Customer.

IMDEMNIFICATION

ManageMyBox wishes to emphasize that in agreeing to the ManageMyBox Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies ManageMyBox for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to ManageMyBox or the bringing of any claim against ManageMyBox by any third-party. This means that if ManageMyBox is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against ManageMyBox, plus all costs and attorney's fees.

SERVICE ACCEPTANCE

All orders are subject to acceptance by ManageMyBox. An order will be deemed accepted by our company when service activation details are sent to the customer. We may refuse to accept any order, or delay acceptance awaiting completion of conditions the company may choose to exercise. Such refusal of such conditions may not be unreasonable, however, and ManageMyBox agrees to provide the customer with reasonable notice by E-mail or fax of any intent to delay or decline the acceptance of any order.

SUPPORT

ManageMyBox will provide 24/7 Support and maintain our service guarantees except during US and UK public holidays where we have less staff available for support. We provide best-efforts support on all issues, however, should any problems occur, ManageMyBox are not responsible for any damages, data corruption or removal of your files or services. 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.

ManageMyBox 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.

MATERIAL AND PRODUCTS

ManageMyBox will exercise no control whatsoever over the content of the information passing through the network or on the customer's web sites. ManageMyBox makes no warranties or guarantees of any kind, whether expressed or implied for the service it is providing. ManageMyBox also disclaims any warranty of merchantability or fitness for particular purpose and will not be responsible for any damages that may be suffered by the customer, including loss of data resulting from delays, non-deliveries or service interruptions or gaps by any cause or errors or omissions of the customer. ManageMyBox is not responsible for any loss, erasure, or corruption of customer's data or files whatsoever. Use of any information obtained by way of ManageMyBox is at the customer's own risk, and the company specifically denies any responsibility for the accuracy or quality of information obtained through its services. Network connectivity represents the speed of connection to our network and does not represent guarantees of available end to end bandwidth. 

ManageMyBox expressly limits its damages to the customer for any non-accessibility time or other down time to the pro-rate monthly charge during the system unavailability. ManageMyBox specifically denies any responsibilities for any damages arising from a consequence of such unavailability. In the event that this material is not "server-ready", ManageMyBox may, at its option and at any time, reject this material, including but not limited to after it has been put on our servers. ManageMyBox agrees to notify customer immediately of our refusal of the material and afford customer the opportunity to amend or modify the material to satisfy the needs and/or requirements of the company. If the customer fails to modify the material, as directed by ManageMyBox, within a reasonable period of time, which shall be determined between the parties themselves, the Agreement shall be terminated.

WARRANTIES & REPRESENTATIONS

Customer  warrants, represents, and covenants to ManageMyBox that (a) you are at least eighteen (18) years of age; (b) you possess the legal right and ability to enter into this Agreement; (c) you will use the Services only for lawful purposes and in accordance with this Agreement and all applicable policies and guidelines; (d) you will be financially responsible for the use of your account; (e) you have acquired or will acquire all authorizations necessary for hypertext links to third-party Web sites or other content; (f) you have verified or will verify the accuracy of materials distributed or made available for distribution via the Services, including, without limitation, your content, descriptive claims, warranties, guarantees, nature of business, and address where business is conducted, and (g) your content does not and will not infringe or violate any right of any third party (including any intellectual property rights) or violate any applicable law, regulation or ordinance.

TRADEMARKS AND COPYRIGHTS

• Customer warrants that it has the right to use the applicable trademarks, if any.
• ManageMyBox may request the right to use such trademarks in connection with our service.
• Customer will review such a request promptly, and not unreasonably withhold such permission.

LAWS

Customer agrees not to engage in activity that violates federal (United States), state (California) or local (San Jose) laws applicable to the service terms described herein.

LIMITED LIABILITY

1. Customer expressly agrees that use of ManageMyBox Servers is at customer's sole risk. Neither the company, its employees, agents, resellers, third party information providers, merchants licensers or the like, warrant that ManageMyBox service will not be interrupted or be error free; nor do they make any warranty as to the results that might be obtained from the use of the Server service or as to the accuracy, or reliability of any information service or merchandise contained in or provided through our network, unless otherwise expressly stated in this Agreement. Customer also acknowledge and accept that any damages will be limited to no more than 100% of the previous month's invoice.

2. Under no circumstances, including negligence, shall ManageMyBox, its officers, agents or any one else be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use our service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to ManageMyBox records, programs or services. Customer hereby acknowledges that this paragraph shall apply to all contents on all servers.

INDEMNIFICATION

Customer agrees that it shall defend, indemnify, save and hold ManageMyBox harmless from any demands, liabilities, losses, costs and claims, including reasonable attorneys fees, ("Liabilities") asserted against the company, its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by the customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless ManageMyBox against Liabilities arising out of (i) any injury to person or property caused by any products sold or otherwise distributed in connection with our servers; (ii) any material supplied by the customer infringing or allegedly infringing on the proprietary rights of a third party; (iii) copyright infringement and (iv) any defective product which customer sold on ManageMyBox servers.

PARTIAL INVALIDITY

If any provision of this agreement is held to be invalid by a court of competent jurisdiction, then the remaining provisions shall nevertheless remain in full force and effect. ManageMyBox and Customer agree to renegotiate in good faith any term held invalid and to be bound by mutually agreed substitute provision.

DISPUTES

The parties shall try to resolve all disputes that might arise out of this agreement in a spirit of cooperation without formal procedures. Any dispute which cannot be so resolved (other than the collection of money due on unpaid invoices) and other than the injunctive relief referred to in paragraph 10 shall be subject to arbitration upon written demand of either party. Arbitration shall take place in Santa Clara County, California. The arbitration will take place before an arbitration panel chosen as follows: The parties shall each choose an arbitrator, and the two arbitrators shall choose a third arbitrator and determine the third arbitrator's pay. Each party shall have one veto over the choice of the third arbitrator. The three arbitrators shall schedule an informal proceeding, hear the arguments, and decide the matter by secret majority vote. Unless the arbitrators decide otherwise, each party shall pay the costs of its own arbitrator, and shall pay half of the other costs of the arbitration proceeding. 

Each party shall have the right to have the proceedings transcribed. The arbitrators will not have the authority to award punitive damages or any other form of relief not contemplated in the contract. The majority of arbitrators shall render a written opinion setting forth the basis on which they arrived at the decision regarding each issue submitted to arbitration; the dissenting arbitrator, if any, shall not issue a dissenting opinion. Regarding each issue submitted to arbitration, the decision will be final and binding only to the extent it is accompanied by a written explanation of the basis upon which it was arrived at. Judgment upon the award, if any, rendered by the arbitrators may be entered in any court having jurisdiction.

Should any legal action permissible under this agreement be taken to enforce the conditions and terms of this agreement, in particular the right to collect money due on unpaid invoices, the prevailing party shall be entitled to recover reasonable legal fees and expenses incurred at the trial and appellate levels.

CONFIDENTIALITY

Customer acknowledges that by reason of their relationship, both customer and ManageMyBox may have access to certain products, information and materials relating to the other party's business, which may include business plans, customers, software technology, and marketing plans that are confidential and of substantial value to either party, respectively, and which value would be impaired if such information were disclosed to third parties. Consequently, both ManageMyBox and customer agree that it will not use in any way for its own account or for the account of any third party, nor disclose to any third party, any such information revealed to it by either party, as the case may be.

Customer and ManageMyBox further agree that it will take every appropriate precaution to protect the confidentiality of such information. In the event of termination of this agreement, there shall be no use or disclosure by either party of any such confidential information in its possession, and all confidential documents shall be returned to the rightful owner, or destroyed. The provisions of this section shall survive the termination of the agreement for any reason. Upon any breach or threatened breach of this section, either party shall be entitled to injunctive relief, which relief will not be contested by the customer or ManageMyBox.

NOTICES

Except with respect to service of process as set forth in paragraph, all notices may be sent by e-mail, fax, or express mail to the e-mail address, fax number, or address most recently provided and will be effective upon transmission. Evidence of successful transmission shall be retained.

FINAL PROVISIONS

A waiver by the Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.

Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation.

ManageMyBox takes no responsibility for any material input by others and not posted to the ManageMyBox Network by ManageMyBox. ManageMyBox is not responsible for the content of any other websites linked to the ManageMyBox Network; links are provided as Internet navigation tools only. ManageMyBox disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.

ManageMyBox is not responsible for any damages your business may suffer. ManageMyBox does not make implied or written warranties for any of our services. ManageMyBox denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by ManageMyBox.

PENALTY FEE

ManageMyBox reserve the right to levy a penalty fee of $25.00 per violation of the Acceptable Use Policy and Service Agreement. 

TERMINATION

This Agreement may be terminated by ManageMyBox, without cause and without notice to the other party, in the event that ManageMyBox believes, in its sole discretion, that continuing to provide service to such party would be harmful to the business or reputation of ManageMyBox. In such event, ManageMyBox will have no liability to the other party. Furthermore, ManageMyBox may terminate the service under this Agreement at any time, without penalty, if the customer fails to comply with the terms of this Agreement. It is the customer's responsibility to point your domain to another service provider upon termination, cancellation or discontinuation of service.