Terms of Service
Use of Nixcom Service constitutes acceptance and agreement to Nixcom TOS (Terms of Service).
All provisions of this contract are subject to the TOS (Terms of Service) of Nixcom. The terms may be changed from time to time at the discretion of Nixcom. The Subscriber understands that changes to the Terms of Service by Nixcom shall not be grounds for non-payment. This Agreement shall be construed in all respects in accordance with the laws of the province of Quebec.
Disclosure to Law Enforcement: The TOS specifically prohibits the use of our service for illegal activities. Therefore, the subscriber agrees that Nixcom may disclose any and all subscriber information including assigned IP addresses, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the subscriber. In addition, Nixcom shall have the right to terminate all service set forth in this Agreement.
Article I. Service Rates
The Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to the subscriber. The subscriber is aware that Nixcom may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.
Article II. Payment
The establishment of the service is dependent upon receipt by Nixcom of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month's service.
Article III. Payment and Fees
Nixcom does not generate any kind of late fees. However, the service will be interrupted on accounts that reach 3 days past due. Accounts not paid after 10 days are subject to an automated process that terminates the account. Nixcom is not responsible for any data loss related to the service affected by the termination process. If you desire to cancel your account, please follow the proper procedures outlined in Article VI.
Article IV. Refund and Disputes
All payments to Nixcom are non-refundable. This includes the one-time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 30 days of the time the dispute occurred. If you dispute a charge that, in Nixcom's sole discretion, is a valid charge under the provisions of the TOS, you agree to pay Nixcom the due payment.
If a service purchased has not been used and/or doesn’t fit the customer needs in the next 48 hours after the provisioning of it, Nixcom agree to offer a full or a prorated refund. Depending on the situation, Nixcom has the right to apply the refund on the original payment method used or as a credit on the customer account.
Article V. Failure to Pay
Nixcom may temporarily deny service or terminate the agreement upon the failure of the subscriber to pay charges when due. Such termination or denial will not relieve the subscriber of their responsibility for the payment of all accrued charges.
Article VI. Cancellation Notification
All requests for cancelling accounts must be made by creating a support ticket or the cancellation request form on your customer center portal with at least 14 days prior renewal date of your service.
Article VII. Technical Support
Nixcom provides 24 x 7 technical support to its subscribers except for few holidays. We limit our technical support to our area of expertise. Nixcom is not responsible for the support that should be given to your customers.
Article VIII. Unsolicited Commercial E-mail
Nixcom takes a zero tolerance approach to the sending of Unsolicited Commercial E-mail (UCE) or SPAM over our network. Very simply this means that customers of Nixcom may not use or permit others to use our network to transact in UCE. Customers of Nixcom may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy may be ending by the conclusion of immediate termination of service.
As our customers are ultimately responsible for the actions of their clients on the Nixcom servers, it is advisable that customers develop a similar policy for their clients.
Article IX. Network
Section 9.01 IP Address Ownership
If Nixcom assigns the customer an Internet Protocol address for customer's use, the right to use that Internet Protocol address shall belong only to Nixcom, and the customer shall have no right to use that Internet Protocol address except as permitted by Nixcom in its sole discretion in connection with the Services, during the term of the agreement. Nixcom reserves the right to change or remove any and all such IP addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN and provider’s policies.
Section 9.02 System and Network Security
Users are prohibited from violating or attempting to violate the security of the Nixcom Network. Violations of system or network security may result in civil or criminal liability. Nixcom will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
These violations include, without limitation:(a) Accessing data not intended for such user or logging into a server or account, which such user is not authorized to access.
(b) Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
(c) Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
(d) Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
(e) Taking any action in order to obtain services to which such user is not entitled.
Article X. Notification of Violation
Nixcom is under no duty to look at each customer's or user's activities to determine if a violation of the TOS has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.
Section 10.02 First violation
Any user, which Nixcom determines to have violated any element of the AUP, shall receive an e-mail, warning them of the violation. The service may be subject, at Nixcom discretion, to a temporary suspension pending a user's agreement in writing, to refrain from any further violations.
Section 10.03 Second Violation
Users that Nixcom determines to have committed a second violation of any element of the Terms of Service shall be subject to immediate suspension or termination of service without further notice. Users that Nixcom determines to be in constant violation of 1.17 of the TOS shall be subject to an immediate account review.
Article XI. Suspension of Service or Cancellation
Nixcom reserves the right to suspend the server access to any customer if in the judgment of the Nixcom network administrators the customer's server is the source or target of the violation of any of the other terms of the TOS or for any other reason which Nixcom chooses. If inappropriate activity is detected, all accounts of the customer in question could be deactivated until an investigation is complete. Prior notification to the customer is not assured. Nixcom reserves the right to credit or not the customer during the investigation time period.
Article XII. Amendments
Nixcom reserves the right to amend its policies at any time. All Sub-Networks, resellers and servers of Nixcom must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate cancellation. You will be held responsible for the actions of your clients in the matter described in this TOS.
Article XIII. Indemnification
Nixcom wishes to emphasize that in agreeing to the Nixcom Terms of Service (TOS), the customer indemnifies Nixcom for any violation of Terms of Service (TOS) that results in a loss to Nixcom or the bringing of any claim against Nixcom by any third-party. This means that if Nixcom is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against Nixcom, and any costs generated by the violation.
Article XIV. Responsibility for Content
You, as Nixcom customer, are solely responsible for the content stored on and served by your Nixcom server.
Article XV. Miscellaneous Provisions
You must provide us with, and keep current, good contact information.
A waiver by Nixcom of any breach of any provision of this agreement by the 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.
The subscriber shall not transfer or assign this agreement without the prior consent of Nixcom. Nixcom may assign this agreement at any time without consent from or notice to the subscriber. Nixcom reserves the right to cancel the customers' rights under this contract at any time without any further obligation.
Nixcom takes no responsibility for any material input by others and not posted on the Nixcom servers by Nixcom. Nixcom is not responsible for the content of any other websites linked to the Nixcom servers; links are provided as Internet navigation tools only. Nixcom 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.
Nixcom is not responsible for any damages your business may suffer. Nixcom does not make implied or written warranties for any parts of our services. Nixcom 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 Nixcom.
Article XVI. Disclaimer
The subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of Nixcom and that damages resulting from any interruption of service are difficult to ascertain. Therefore, the subscriber agrees that Nixcom shall not be liable for any damages arising from such causes beyond the direct and exclusive control of Nixcom. The subscriber further acknowledges that Nixcom's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by the subscriber for services during the period damages occurred. In no event shall Nixcom be liable for any special or consequential damages, loss or injury.