All Accounts are bound by our Terms of Service.

1. Mexxus will utilize its best efforts to maintain acceptable performance of services, but Mexxus makes absolutely no warranties whatsoever, express or implied, including warranty of merchantability or fitness for a particular purpose. Mexxus cannot guarantee continuous service, service at any particular time, or integrity of data stored or transmitted via its system or via the Internet. Mexxus will not be liable for the inadvertent disclosure of, or corruption or erasure of, date transmitted or received or stored on its systems. Mexxus shall not be liable to Customer or any of its customers for any claims or damages which may be suffered by Customer or its customers, including, but not limited to, losses or damages of any and every nature, resulting from the loss of data, inability to access Internet, or inability to transmit or receive information, caused by, or resulting from, delays, nondeliveries, or service interruptions whether or not caused by the fault or negligence of Mexxus.

2. Mexxus guarantees that it will maintain a 99.999% up time, excluding scheduled maintenance, for facilities and Internet connectivity as follows: in the event that one or more of Client's hosted accounts are unable to transmit or receive information via the Internet through the Front-end Network as a result of disruptions to either the Data center or the Front-end Network (a "Covered Outage"), Mexxus will, as Mexxus's sole obligation and Client's sole and exclusive remedy for failure to meet the foregoing guarantee, credit the Client's account for every five (5) consecutive minutes of such Covered Outage with the prorated fees for one (1) day of services for the affected servers, up to a maximum credit during any calendar month equal to the total prorated fees due to Mexxus from Client during such calendar month for the affected hosted accounts ("Standard Service Credit").

3. Setup Fees including, but not limited to, additional programming are nonrefundable.

4. All fees are due in advance of the services provided. Failure to pay in advance may result in termination or suspension of services without notice.

5. Prepaid accounts are non-refundable, if you have a contract, the terms of the contract apply. If you cancel your service, but fail to transfer your site(s) to another provider and continue to utilize our hosting network you will be billed until such time that you are no longer utilizing our services. If you wish services to cease immediately, you must request that our services be discontinued immediately. Mexxus will accept company check and credit card payments for services. Accounts are billed in advance at the beginning of each accounts physical year or month. Mexxus will send a friendly reminder via email to all yearly plan customers before their due date. Customers on monthly plans are renewed monthly without notice. Payments are due on the date of renewal. All accounts with a balance after 5 days will be charged a 27% annually Interest late fee and suspended. Accounts will be reactivated when payment is made in full. Re-activation charges will be billed at $29.99. Any accounts with a 45-day balance will be closed and sent to collections. You agree to pay Mexxus all charges relating to use of your account(s) according to rates and prices published online at the time of use. You are responsible for charges from the application date until the account is closed. You are solely responsible for informing Mexxus of all new customer contact and billing information. You are solely responsible for notifying Mexxus if you would like to cancel your account. Charges will continue to accrue until notice is given by e-mail sent to billing@mexxus.com 30 days prior to cancellation or renewal. You are responsible for payment through the end of the cancellation month. Mexxus will charge an additional $1.00 administration fee per month if you request invoices by regular mail or by fax. Mexxus' Billing department sends invoices or statements by e-mail at no additional charge.

6. The use of any data or material, which Customer receives from the service provided by Mexxus, is at Customer's sole and absolute risk. Mexxus specifically disclaims and denies any responsibility for the completeness, or accuracy of quality of any and all information obtained through the services to be provided hereby.

7. Mexxus will utilize its best efforts to maintain acceptable performance of services, but Mexxus makes absolutely no warranties whatsoever, express or implied, including warranty of merchantability or fitness for a particular purpose. Mexxus cannot guarantee continuous service, service at any particular time, or integrity of data stored or transmitted via its system or via the Internet. Mexxus will not be liable for the inadvertent disclosure of, or corruption or erasure of, date transmitted or received or stored on its system. Mexxus shall not be liable to Customer or any of its customers for any claims or damages which may be suffered by Customer or its customers, including, but not limited to, losses or damages of any and every nature, resulting from the loss of data, inability to access Internet, or inability to transmit or receive information, caused by, or resulting from, delays, nondeliveries, or service interruptions whether or not caused by the fault or negligence of Mexxus.

8. Customer agrees that it shall defend, indemnify, save and hold harmless from any and all demands, liabilities, losses, costs, claims, including reasonable attorney's fees, ('Liabilities') against Mexxus, its agents, its customers, servants, officers, employees, that may arise or result from any services provided, performed or agreed to be performed or any product sold by Customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Mexxus against Liabilities arising out of any injury to person or property caused by any products sold or distributed in connection with Mexxus's server; and material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party; copyright infringement and any defective product which Customer sold on Mexxus's Server. As a result of this, Customer agrees that Mexxus shall not be liable to Customer for any claims of actual, compensatory and/or consequential damages which may be suffered by Customer, including, but not limited to, losses or damages due to the loss data resulting from delays, non deliveries, or service interruptions caused by the fault or negligence of Mexxus. Notwithstanding the above mentioned, Customer's exclusive remedies, damages, losses and causes of actions shall not exceed the aggregate dollar amount which Customer paid during the term of this Agreement.

9. The Customer may only use Mexxus's services for lawful purposes. In the event that at any given time, Mexxus believes that the service is being used by the Customer in contravention with any of the terms and provisions contained in this Agreement, Mexxus has the right to immediately discontinue such service to Customer without liability. The following are restrictive uses and shall be cause for the immediate termination of web services and this Agreement without notice to the Customer:

a. Unauthorized distribution or copying copyrighted software, violation of US export restrictions, embarrassment, fraud, trafficking in obscene material, drug dealing, and other illegal activities;
b. Unsolicited advertising via email and/or 'Spamming' is a violation of State and Federal Law and is otherwise a violation of this agreement. Such prohibited conduct subjects Customer to immediate cessation of service as provided herein and the termination of this agreement without notice. Mexxus reserves the right to report such illegal activities to any and all regulatory, administrative and/or governmental authorities for appropriate prosecution. In addition, Mexxus will charge One Dollar ($1.00) per email recipient for any such activity;
c. Using a non-existing email return address on a commercial solicitation, spamming (sending unsolicited advertising to numerous email addresses or newsgroups and/or generating a significantly higher volume of outgoing email than a normal user), trolling (posting outrageous messages to generate numerous responses, mailbombing (sending multiple messages without significant new content to the same user), subscribing someone else to a mailing list without that person's permission, cross-posting articles to an excessive number of newsgroups, or attempting without authorization to enter into a secured computer system. Mexxus reserves the right to determine what is Net abuse;
d. Tortuous conduct such as posting of defamatory, libelous, scandalous, or private information about a person without their consent, intentionally inflicting emotional distress, or violating trademarks, copyright, or other intellectual property rights;
e. The Customer expressly understands and agrees that illegal Adult oriented Websites featuring nudity and acts of a sexual nature are expressly prohibited. Mexxus reserves the right to immediately terminate and remove any such unauthorized Websites without notice and discontinue service to Customer without notice or liability for actual, compensatory or consequential damages to Customer for the interruption in service.
f. MUDDS, Listservers or any other Internet application that are not Website specific, are specifically prohibited.

10. By choosing the "monthly billing option" on any of the Mexxus plans you agree that the Mexxus billing department will charge your credit card on a monthly basis.

11. The Free Domain included in each applicable plan will remain registered under the Mexxus Company with Mexxus "Whois" information for the first year of service. In the case of any cancellation in the first year the Free domain can be transfered to client at the cost of the Mexxus advertised Domain transfer price.

Disclaimer
Mexxus will not be responsible for any damages your business may suffer. Mexxus makes no warranties of any kind, expressed or implied for services we provide. Mexxus disclaims any warranty or merchantability or fitness for a particular purpose. The includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Mexxus and its employees. The services provided by Mexxus are provided AS-IS and without any warranty expressed or implied. Mexxus reserves the right to revise its policies at any time.

WAIVER
Failure of any party to enforce any provision of this Agreement shall not constitute or be construed as a waiver of such provision or of the right to enforce such provision.

Mexxus reserves the right to modify these terms at any time in its sole and absolute discretion.