Last Updated: July 9, 2015
Use of R1Soft Licenses (x10Hosting, LLC) services require agreement to these Terms.
The initial service term of the agreement shall begin on the date that x10Hosting generates an e-mail message announcing the activation of the license (the "Service Commencement Date") and shall continue either monthly or annually depending on the term picked by the customer. Upon expiration of the initial term, this agreement shall automatically renew for the same length as the initial term unless x10Hosting or the customer provides the other with written notice of non-renewal at least one (1) days prior to the expiration of the initial term or the then-current renewal term, as applicable. The initial term and any renewal term may be referred to collectively in this agreement as the "Term."
Licensing fees are due on the commencement of the initial term and thereafter on the billing anniversary date following the initial term. If a customer provides credit\debit card details, customer authorizes x10Hosting to bill renewal fees to the credit\debit card on file on or after the first day of each subsequent billing cycle during the term of this agreement. If a credit\debit card is not provided the customer is responsible for making payments in a timely manner. x10Hosting will generate an invoice 7 days prior to the due date giving adequate time for the customer to make payment arrangements or cancel. Failure to pay an outstanding invoice within 5 days of the due date will result in a cancellation of the license. 15% of the unpaid fees will be assessed as a penalty if re-activation is requested. All payments must be made in US currency unless otherwise specified. Fees not disputed within sixty (60) days of payment date are conclusively deemed accurate.
x10Hosting reserves the right to cancel any license provided at any time. In this event customers will be entitled to a prorated refund based upon the remaining period of service. Customer may also cancel licenses at anytime via the client area located at http://r1softlicenses.com/account. Customer agrees to submit a cancellation at least 1 day prior to the renewal date of the contract. Any incentives or special pricing offered to customers when opening the account will also be cancelled.
A customer may request a refund up until a license key is issued, once issued no refunds will be given. Customer is responsible to cancel any and all recurring billing, refunds will not be issued without a proper cancellation of at least 1 day notice before a renewal is due.
x10Hosting makes use of an automated system to provision and manage licenses and will strive to deliver all license orders within 24 hours of the purchase date. In the case of a delayed delivery x10Hosting will either credit the customer account or adjust the billing date to compensate for any delay.
As with most shared systems there are limitations to how many things can run at one time. To make sure the hosting backup manager instances remain stable and operate at peak efficiency your backup tasks may not always run on schedule. If there is not an available slot for your backup task it will be queued and automatically run once a slot is available. If your combined backup tasks' runtime exceed 6 hours out of a 24 hour period we may ask you to decrease the frequency of your backup tasks. If a customer requires an emergency restore or bare metal restore we may pause your tasks temporarily to allow the maximum amount of resources to be dedicated to the restore. Disk safe verification tasks are highly resource intensive and we ask that these only be scheduled on-demand as needed.
Customer represents and warrants to x10Hosting that the information he, she or it has provided and will provide to x10Hosting for purposes of establishing and maintaining the service is accurate. If the customer is an individual, the customer represents and warrants to x10Hosting that he or she is at least 18 years of age. x10Hosting may rely on the instructions of the person listed as the primary customer contact on the order with regard to customer's account until customer has provided a written notice changing the primary customer contact.
Customer agrees to indemnify and hold harmless x10Hosting, x10Hosting'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 customer's services in violation of applicable law or the AUP by customer or any person using customer's log on information, regardless of whether such person has been authorized to use the services by customer.
x10Hosting does not warrant or represent that the services will be uninterrupted, error-free, or completely secure. To the extent permitted by applicable law x10Hosting disclaims any and all warranties including the implied warranties of merchantability, fitness for a particular purpose, and noninfringement. To the extent permitted by applicable law, all services are provided on an "as is" basis.
Neither party shall be liable to the other for any lost profits, or any indirect, special, incidental, consequential or punitive loss or damage of any kind, or for damages that could have been avoided by the use of reasonable diligence, arising in connection with the agreement, even if the party has been advised or should be aware of the possibility of such damages. notwithstanding anything else in the agreement to the contrary, the maximum aggregate liability of x10Hosting and any of its employees, agents or affiliates, under any theory of law (including breach of contract, tort, strict liability, and infringement) shall be a payment of money not to exceed the amount payable by customer for three months of service.