Terms of Service One It Box
1. Polices: The use of any service provided by One IT Box company requires mandatory agreement to the following policies and agreements, which are binding terms of the service. If the service purchased is governed by additional policies not included below, you will be informed and provided with the corresponding information by linking them to the general terms of service.
- Privacy Notice
- Acceptable Use Policy
- Domain Name Dispute Policy
- Copyright Claims Policy
- Data Request Policy
- Anti Spam Policy
- Domain Registration Agreement
2. Registration and Account Security
- To register and activate any service, the user represents and warrants that they are over eighteen (18) years old. Therefore, any use, registration, or manipulation of the service by a person under this age is prohibited and violates this agreement.
- If you are not acting for yourself but representing another person, company, organization, or project, you represent and warrant that you are fully authorized to do so, thereby binding the represented entity to this agreement.
- By agreeing to this agreement, you commit to providing accurate, truthful, and up-to-date information when filling out the registration form. You also agree to maintain the security and confidentiality of your password and all information associated with your service, as well as keep your contact information associated with your service registration continuously updated. Furthermore, you agree to make responsible use of the contracted service and take accountability for any actions arising from it.
- You acknowledge that, despite One It Box’s efforts and security measures regarding the services, the servers and hosted websites may be susceptible to compromise by hackers, internet viruses, worms, or Trojan horses, among others. Consequently, One It Box reserves the right to apply appropriate corrective measures and you agree that One It Box shall not be held liable for any damage or loss you may incur as a result of such corrective actions. Additionally, you understand and agree that you are solely responsible for backing up all content in your account and websites linked to the contracted service.
- VPS Services: One It Box is authorized to reset the password of a VPS if it is not updated in our records, in order to conduct security audits as required by our technical support department. You are responsible for ensuring that the email address and root password associated with the VPS service are valid and up to date in your registration, to prevent downtime resulting from forced password resets. One It Box reserves the right to conduct necessary audits of VPS and perform administrative actions upon request by our teams. Please note that One It Box does not provide backups for VPS services, so it is your responsibility to take and maintain backups of your service.
3. HIPAA Disclaimer: The Services are not compliant with the U.S. Health Insurance Portability and Accountability Act («HIPAA»). By agreeing to this agreement, you are responsible for complying with all applicable laws that govern the privacy and security of personal data, including medical or other sensitive data. You acknowledge that the Services are not suitable for the storage or control of access to sensitive data, such as information about children or medical or health information. One It Box is not obligated to control or monitor the information or data you store or transmit through the Service. We explicitly disclaim any representation or warranty that the Services, as provided, comply with HIPAA. You are prohibited from using the Services for storage or allowing access to «Protected Health Information» as defined in HIPAA. If you do so, it will be considered a violation of this agreement and may result in immediate account termination. One It Box does not enter into «Business Associate Agreements,» and you agree that One It Box is not a Business Associate, subcontractor, or agent of yours under HIPAA
4. Prohibited Persons: All services provided by One It Box are subject to export control and economic sanctions laws and regulations administered or enforced by the United States Department of Commerce, the Office of Foreign Assets Control (OFAC) within the Department of the Treasury, the Department of State, and other United States authorities (collectively referred to as «U.S. Trade Laws»). You are prohibited from exporting, re-exporting, or allowing the export or re-export of software or technical data in violation of U.S. Trade Laws. You warrant that you are not:
- A person, organization, or entity organized or located in a country or territory that is the target of OFAC sanctions, including Cuba, Iran, Syria, North Korea, Crimea, Donetsk People’s Republic, or Luhansk People’s Republic regions of Ukraine
- Designated as a Specially Designated National or Blocked Person by OFAC or otherwise owned, controlled, or acting on behalf of such a person
- A prohibited party under U.S. Trade Laws
- Engaged in nuclear, missile, chemical, or biological weapons activities in which U.S. persons may not contribute without a U.S. Government license.Furthermore, One It Box does not register, and prohibits the use of any of our services in connection with, any Country-Code Top Level Domain Name (ccTLD) for any country or territory that is the target of OFAC sanctions unless you have explicit written permission.
The obligations stated in this section shall survive any termination or expiration of this Agreement or your use of the Services.»
5. One It Box Content: All content available through our servers, including designs, text, graphics, images, videos, information, software, audio, and other files, as well as their selection and arrangement, and all software used to provide the service (collectively referred to as «One It Box»), is the property of One It Box or its licensors, except for user-generated content as defined in the next point. You are not allowed to modify, copy, distribute, frame, reproduce, republish, download, scrape, display, publish, transmit, sell, or exploit any One It Box content for any purpose, in any form or by any means, in whole or in part, except as expressly permitted in this Agreement.
It is forbidden, directly or indirectly, to reverse engineer, decompile, disassemble, or attempt to derive source code or other trade secrets from any One It Box content. Any use of the One It Box content other than as specified in this agreement is prohibited, and failure to comply will result in automatic termination of your account and the rights granted in this agreement. All rights of One It Box or its licensors that are not expressly granted in this A Agreement are reserved to One It Box and its licensors.
6. Subscriber Content
- You have the ability to upload, store, publish, display, and distribute information, text, photos, videos, emails, and other content on or through our servers (collectively referred to as «Subscriber Content»). Subscriber Content includes any content posted by you or users of any websites hosted through our servers («Subscriber Websites»). You are solely responsible for all content, transactions, or activities conducted on or through the websites hosted on your account. By posting or distributing content on or through our servers, you represent and warrant to One It Box that you have all necessary rights to post or distribute such content, and your posting or distribution of such content does not infringe or violate the rights of any third party.
- One It Box may, at its discretion, monitor your content but is not obligated to do so. We may take immediate corrective action, including but not limited to the removal of all or a portion of the content, and suspension or termination of any and all services without refunding any prepaid fees. You agree that One It Box shall not be liable for any corrective action taken by our technical support department, including but not limited to the suspension or termination of services..
- In order to provide the Services, you grant One It Box a non-exclusive, royalty-free, worldwide right and license to use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish, and distribute your content and website. Additionally, One It Box is authorized to take backups of the content and your website. Except for the rights expressly granted above, One It Box does not acquire any right, title, or interest in the content, which will remain exclusively your property.
7. Payment Card Industry Security Standard Disclaimer: One It Box complies with the Payment Card Industry Data Security Standard («PCI DSS») by properly handling the information provided for the processing of your data and billing information. You are solely responsible for ensuring the security of your data and billing information collected through the websites hosted on our servers. One It Box is not responsible for monitoring or verifying PCI compliance on each of your websites.
8. Compliance with Applicable Law.
You must comply with all applicable laws, local rules, and regulations in the jurisdiction where you or your organization is located regarding user content, websites, online activities, emails, and your use of the services hosted on our servers. You agree to comply with all applicable laws regarding the transmission of technical data exported to or from the United States or the country in which you reside. While our services are controlled and operated from our locations within the United States, we may share data with third parties in other locations to ensure service availability, as described in our Privacy Notice. However, we make no representation that the services are appropriate or available for use in other locations. If you access the services from other locations, you do so at your own responsibility and risk, and you are fully responsible for complying with all applicable laws in those locations. One It Box does not offer services where prohibited by law.
For the purposes of the European Directive 95/46/EC, the General Data Protection Regulation 2016/679 («GDPR»), and any applicable national implementing laws in your jurisdiction, and with respect to the personal data of your subscribers or customers, you acknowledge and agree that you are the Controller (as defined in the GDPR), and we are a processor (as defined in the GDPR) insofar as you may store personal data through your use of our services, only as permitted and subject to the terms of this agreement. You are responsible for complying with all obligations of a data controller under applicable law, including the GDPR. You represent and warrant that in using our services, you will clearly and in detail inform how you plan to use any personal data collected, and you will ensure that you have a legitimate legal basis to transfer such personal data to us and that you have obtained the necessary permissions to allow us to receive and process such personal data on your behalf. Additional data processing terms shall apply only if you are a controller subject to the GDPR.
9. Additional User Responsibilities:
a. You are solely responsible for the activities conducted on or through a website associated with your contracted service on our servers, including any transactions or interactions with end users of a website. Additionally, it is your responsibility to inform and provide any explanations to end users regarding the various features of the website and any goods or services offered, as well as the terms of use and privacy policies applicable to the website.
b. It is your responsibility to provide any equipment or software that you may need to use our services. Delays in fulfilling your obligations under this agreement will extend the time for fulfilling One It Box’s obligations that depend on your performance.
c. You must ensure that all the content of your websites is compatible with the hardware and software used in the services provided by One It Box, and these may be modified without prior notice and at the discretion of our technical support department.
d. You are solely responsible for performing and storing regular backups of all the information on your websites and, in general, your hosting account on our servers. One It Box will not be held liable for the total or partial loss of any type of information associated with subscriber content.
e. It is your responsibility to ensure that all subscriber content remains free of computer viruses, worms, Trojan horses, and any vulnerabilities or malicious code at all times.
f. It is strictly prohibited to use the services at One It Box for:
- Activities involving or promoting illegal acts.
- Engaging in or promoting defamatory, harassing, abusive, or objectionable behavior.
- Violating the intellectual property rights or property rights of third parties.
- Violating the privacy rights or publicity rights of third parties.
- Any activity that affects or interferes with the proper functioning of the servers.
- Any activity that goes against or violates the terms and conditions of this agreement or any of the policies or agreements incorporated by reference therein.
10. Third Party Websites: One It Box does not control, manage, or assume responsibility for external or third-party links or content, such as articles, photographs, text, graphics, images, designs, sound, video, information, and other materials. As a result, we do not actively investigate, monitor, or verify the accuracy, suitability, or completeness of such sites or content posted or made available through the Services. This includes the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of third-party sites or third-party content. You act at your own responsibility and risk if you choose to access such sites or use any third-party content, and our terms and policies do not apply in these cases. We highly recommend carefully reviewing the terms and policies, including privacy and data collection practices, of any website you visit.
11. Payment:
- Fees Due: On It Box services are 100% prepaid, and you are required to make payment for the full amount stated in your invoice. Not all fees are refundable unless explicitly stated otherwise.
- Pricing: The prices of the services may change without prior notice; however, whenever possible, we will provide written notice (via email, client platform, or any applicable means) of the fee change 30 days prior to the price adjustment. Promotional rates may be updated at any time without prior notice due to their promotional nature. One It Box will notify you in writing and via email of any price changes for renewal terms. It is your responsibility to regularly review all billing information provided by One It Box through the available platforms, tools, and communication channels designated for this purpose.
- Taxes: The fees mentioned in the services do not encompass any taxes that may be imposed by taxing authorities on the Services provided. Any applicable sales, use, revenue, excise, or other taxes will be added as separate charges to the invoices issued by On It Box. It is your responsibility to settle these tax obligations.
- Add-on Services: When purchasing additional services, you must ensure that you allocate them to the desired domain name in order to utilize the service. Failure to do so, or mistakenly assigning it to the wrong domain, will be your responsibility, and One It Box will not be held liable or provide refunds in such cases.
- Disputes: You have 60 days to submit any claims regarding charges or payments processed by One It Box if you believe is incorrect. Such claims must be made in writing to the contact email info@oneitbox.com. If you initiate a chargeback, there may be a minimum fee of $25.00 plus applicable taxes to reactivate your account, and we reserve the right to suspend your account during the dispute. Hosting accounts with an open dispute may be disabled for security reasons.
- Fraud: Misuse or fraudulent use of credit cards, electronic transfers, electronic checks, or any form of fraudulent payment is a violation of this agreement, which authorizes us to report such activity to the relevant government and law enforcement authorities, credit reporting agencies, financial institutions, and credit card companies.
- Foreign currencies: International payments are subject to the applicable exchange rate. All payments and refunds are processed in US dollars, and we are not responsible for any fluctuations in the exchange rate at the time of payment or refund processing.
12. Term and Automatic Renewal:
- Term: The initial term of service will be determined by you at the time of placing the order on our website, www.oneitbox.com. The minimum billing period will be equal to one year.
- Automatic Renewal: The Services will automatically renew for successive periods of the same duration as the initial term unless you disable the automatic renewal option directly in your administration area. For Services with durations of three (3) months or longer, One It Box will notify the Subscriber of the upcoming charge for each renewal no later than thirty (30) days prior to the payment date of each Renewal Term. The payment date for Services with durations of three (3) months or longer will be fifteen (15) days before the expiration of the current term. For accounts with a one (1) month term, the payment date will occur twenty-four (24) hours before the Subscriber’s Services expire without prior notice.
- If you do not wish for your service to be automatically renewed, you must disable the automatic renewal option at least 10 calendar days before the service expiration date. Otherwise, the renewal fee will be charged to your payment method.
- Disabling automatic renewal options:
a. Disabling automatic renewal for Hosting services: (Instrucciones para deshabilitar la RA) If your account expires, all the content hosted on it will be permanently deleted from our servers, so it is your responsibility to back up your content before your service expires.
b. Disabling automatic renewal for domain name or ID protection: You can disable the automatic renewal option at any time before its expiration by following these instructions: (Instrucciones para deshabilitar la RA)
c. Disabling automatic renewal for SSL certificates: You can disable the automatic renewal option at any time before its expiration by following these instructions: (Instrucciones para deshabilitar la RA)
You can disable the automatic renewal option for your hosting service, domain name, domain privacy protection, security certificate, and additional services at any time by following the instructions listed here. Please remember that if your hosting account expires, all content hosted on it will be permanently deleted from our servers, so it is your responsibility to back up your content before the service expires.
13. Termination and Non-Payment:
- Failure to pay: If you fail to make full payment for your services within the established terms, we reserve the right to suspend or terminate your account and incur collection costs as applicable. Accounts and other services will not be activated until full payment has been received. One It Box is not responsible for any loss of information or subscriber content resulting from the suspension or termination of the service.
- Termination Procedure: You may terminate your service at any time by notifying One It Box through the established contact channels. The cancellation request is subject to verification of account and/or domain ownership, and you are obligated to pay all outstanding charges and balances at the time of your request. Cancellation is subject to the terms of the agreed money-back guarantee for the purchased service. Once your account is canceled, all subscriber content hosted on it will be permanently deleted, and it is your responsibility to back up your content before initiating the cancellation.
- Termination by One It Box: One It Box may terminate your account, in whole or in part, and delete or confiscate all files, content, and/or domain name registrations if you engage in any of the following: Failure to pay for your service; violation of the terms and conditions of this agreement; Your conduct may affect One It Box or third parties; Abusive or disrespectful treatment towards One It Box’s staff; or for any other lawful reason, including compliance with applicable law or as specified in this Agreement. In no event will One It Box provide a refund, and you are obligated to pay any outstanding charges for your service at the time of termination.
- Modification of Services: On It Box reserves the right to modify, change, or discontinue any aspect of the Services at any time
- Data deletion:
a. Shared hosting Accounts: Upon termination of the services, regardless of the reason, all subscriber content, websites hosted under the account, and any other related data will be deleted. One It Box will not be held responsible for any loss of information or content. It is the subscriber’s obligation to take and maintain backups of their content and each of the websites hosted on the service.
b. VPS Accounts: Upon termination of a VPS account, access to the cPanel will be restricted for 7 calendar days . If the account is not renewed within 8 calendar days, the server will be suspended for 13 days. After 21 days from the expiration date, the VPS service will be permanently deleted along with all subscriber information and content hosted therein. One It Box will not be held responsible for any total or partial loss of content once the account is terminated.
c. On It Box reserves the right to terminate any account that has been in a suspended or deactivated state for 30 days which will result in the loss of all data stored on the account.
14. Refund Policy
- 30 Day Money-Back Guarantee
a. The money-back guarantee only applies if you cancel your service within the first 30 calendar days from the moment of service activation, and it applies solely to services covered by this guarantee. The refund and guarantee are subject to compliance with the 30 day Money-back Guarantee policy, and the guarantee must be requested in writing by the subscriber through any of the contact channels provided by One It Box. The Money-back Guarantee does not apply to services with a monthly term, domain registration fees, setup fees, or any fees for additional services.
b. The Money-back Guarantee Refund is valid only for credit card payments. Due to processing costs, the refund policy does not apply to payments made through other payment methods. - Nonrefundable Fees:
Fees paid by Subscriber in connection with the purchase of add-on services, including without limitation, SSL certificates, AppMachine, Site Backup Pro, Pay Per Click Marketing (PPC), cPanel QuickStart, WordPress QuickStart, Site Doctor, website transfer, Design Service Standard, Design Service Plus, Design Service Premium, SEO Package, SiteLock, domain privacy, and domain names are non-refundable, as are payments made by check for $10.00 or less due to processing fees, unless otherwise expressly provided. - Domain Registration Fees: If the Subscriber cancels the Services within thirty (30) calendar days and qualifies for a refund according to the terms and conditions of the guarantee and Money-back policy, they will receive a Money-back Guarantee Refund. However, if the Subscriber registered a domain name as part of a «Free Domain Name» promotion associated with the Services, the refund amount will be reduced by the regular cost of the domain name. The Subscriber will still maintain complete ownership and control over any registered domain names.
Cancellations After 30 Days: After 30 calendar days from the service activation, no refund will be provided for servic
15. One It Box as Reseller or Licensor.
- Third Party Services: One It Box acts as a reseller or licensor for various third-party products and services («Third Party Services»), which are available through the One It Box Marketplace. When you purchase and use Third Party Services, you are subject to the terms and conditions set by the respective third parties. One It Box cannot be held responsible for any changes in the Services that render any Third-Party Services obsolete, require modification, or affect their performance. In the event of any malfunction or manufacturer’s defects in the Third-Party Services, whether sold, licensed, or provided by One It Box, or purchased directly by you and used in conjunction with the Services, it will not be considered a breach of One It Box’s obligations under this Agreement. Any rights or remedies you may have concerning the ownership, licensing, performance, or compliance of Third Party Services are limited to those provided by the manufacturer. You are entitled to use Third Party Services supplied by One It Box only in connection with your authorized use of the Services, unless otherwise specified.
2. Themes and Plugins: If the Third-Party Services you purchase include a website theme or plugin, the following additional terms apply. The Marketplace allows third parties («Sellers») to upload, distribute, and sell website themes and plugins. Please note that purchasing or downloading a theme or plugin from the Marketplace does not grant you ownership or exclusive rights to the product. If you purchase a theme or plugin, you are also subject to the terms of the GNU General Public License, version 2.0 or later («GPL»). You can access the terms of the GPL here.
3. Seller Support: One It Box cannot be held responsible for any failure by Sellers to provide support for themes or plugins. Sellers are required to offer basic email-based support for their products to address basic usage questions and provide access to patches, bug fixes, or new releases for error correction, without any additional charges. You are entitled to such support for a period of one (1) year from the date of purchase.
16. Internet Protocol (IP) Address Ownership.
During the term of this contract, One It Box may provide you with restricted use to utilize a physical Internet Protocol (IP) address. You may only use the IP address as provided by One It Box will retain ownership control of all numbers and addresses assigned to the Client, and Javacol reserves the right to change or remove any or all of these IP numbers or addresses, at our sole and absolute discretion.
17. Resource Usage.
- Shared Hosting
1. Acceptable Use Policy. Hosting space is intended for use in accordance with One It Box’s Acceptable Use Policy, and is limited to Web files, active e-mail and content of the hosted Subscriber Websites, not for storage (whether of media, e-mails, or other data). Hosting space further may not be used as offsite storage of electronic files, e-mail or FTP hosts. One It Box expressly reserves the right to review every user account for excessive usage of CPU, bandwidth, disk space and other resources that may be a result of your violation of this Agreement or the Acceptable Use Policy. One It Box may, in its sole discretion, terminate access to the Services, apply additional fees, or remove/delete Subscriber Content for those Subscriber accounts that are found to be in violation of One It Box policies. You hereby agree that One It Box shall have no liability due to any action that One It Box may take, including without limitation suspension or termination of Services in connection with your violation of this section.
2. Unlimited Hosting Space; Excessive Server Resources. One It Box does not set defined limits on the amount of disk space a Subscriber can use for the Subscriber’s Website or charge fees based on the amount of storage used. However, use of One It Box resources must be consistent with a shared hosting environment and must otherwise comply with this Agreement. Accounts with a large number of files (inode count in excess of 200,000) can have an adverse effect on server performance. Similarly, accounts with an excessive number of database tables (i.e., in excess of 5000 database tables) or of an excessive database size (i.e., in excess of 10GB total database usage or 5GB database usage in a single database) negatively affect the performance of the server. In the event Subscriber exceeds these amounts, One It Box may request that a Subscriber’s number of files/inodes, database tables, or total database usage be reduced to ensure proper service performance. One It Box reserves the right to terminate a Subscriber account, with or without notice, for excessive use of resources that result in a degradation of server performance or the Services.
3. Unlimited File Transfer. One It Box does not set arbitrary limits on the amount of visitor traffic Subscriber Websites can receive or on the amount of content a Subscriber can upload to Subscriber Websites in any given month, nor does One It Box charge additional fees based on the increased use of bandwidth, as long as the Subscriber’s use of the Services complies with this Agreement. In most cases, Subscriber Websites will be able to support as much traffic as the Subscriber can legitimately acquire. However, One It Box reserves the right to limit processor time, bandwidth, processes, or memory in cases where it is necessary to prevent negatively impacting other Subscribers.
4. Limited Hosting Space – Use of Supplied Resources:
The Subscriber agrees that the bandwidth and disk storage usage must not exceed the agreed-upon number of monthly megabytes as stipulated in this contract at the time of acceptance (or other service measurements such as gigabytes, terabytes, etc.). One It Box will monitor the subscriber’s bandwidth and disk space. The Subscriber acknowledges that the supplied bandwidth represents the total of both inbound and outbound bandwidth usage. Once the plan reaches the supplied bandwidth limit, the plan will be automatically suspended until the next month/calendar period or until the client requests additional bandwidth. Bandwidth calculations are updated on a daily basis and therefore may not reflect real-time usage. For this reason, the client agrees to be charged additional fees per gigabyte of bandwidth exceeding the agreed-upon usage in this contract. One It Box has the right to take corrective actions if the subscriber exceeds the agreed-upon disk storage in this contract, including but not limited to deleting all files, terminating this contract, or suspending the services. Such actions may be taken at the sole and absolute discretion of One It Box.
2. Virtual Private Servers (VPS)
1. Resource Usage. VPS usage is limited by the resources allocated to the specific plan that you have purchased.
2. Backup. The responsibility for backing up all Subscriber Content, including Subscriber Websites, lies solely with the Subscriber. One It Box bears no responsibility for any loss of Subscriber Content.
3. Subscriber Super-user Access. Subscriber acknowledges that Subscriber is solely responsible for any changes made with super-user access and that One It Box may not be able to reverse any changes and/or recover data lost or damaged through the use of super-user privileges. One It Box’s level of support to those Subscribers accessing super-user privileges will be limited as follows: Reinstallation of corrupted modules, such as control panel files, web server files, etc.;
1. Reinstallation of the baseline operating system and core file image at Subscriber’s request. Subscriber acknowledges and understands that a new image install will cause the irreversible complete loss of all data stored on the server. One It Box is not liable for any data lost as a result of this action;
2. Restoration of files from available backups at Subscriber’s request. This restoration will be a full restore of the backup files; One It Box does not offer file-by-file restoration services;
3. One It Box will not attempt any configuration or setup of DNS, firewalls, web server, etc.; and
4. One It Box will attempt basic diagnostics upon Subscriber’s request.
5. One It Box does not offer in-depth manual diagnostics as part of the Service. Subscriber may contact One It Box Professional Services to inquire about additional support offerings.
3. Virtual Private Servers (VPS), Dedicated Servers, and Shared Reseller.
1. cPanel Accounts.
a. One It Box reserves the right to restrict the number of cPanel accounts and, at its sole discretion, terminate any excessive cPanel accounts.
b. Customers exceeding the specified limit for cPanel accounts set by One It Box may incur charges for acquiring additional cPanel accounts.
18. Parked Domain Services.
By registering for the Services you agree that One It Box may point your domain name or DNS to one of One It Box’s or One It Box’s affiliates web pages as a default landing page, and that they may place advertising on your web page (the “Parked Pages”). You shall have no right to any compensation and shall not be entitled to receive any funds related to the monetization of your Parked Pages. If you do not wish for One It Box to display Parked Pages on your web page you can opt out of such practice. You can opt out of Parked Pages by updating the DNS of the domain name to point to another provider or by changing the default.html file stored on your account
19. Reseller Program.
In addition to the terms and conditions outlined in this Agreement, the following provisions apply to Subscribers participating in the One It Box Reseller Program («Reseller»), including VPS customers utilizing their account to offer Reseller services:
1. If a Subscriber signed up by a Reseller is found to be in violation of this Agreement, the Reseller must promptly rectify the non-compliance upon receiving notice of the violation. Failure to do so may result in One It Box taking direct action, such as suspending or terminating the Reseller’s account or any final client part of the reseller account, at its sole discretion.
2. One It Box is not accountable for the actions or omissions of Resellers. The Reseller agrees to indemnify One It Box against any claims made by Subscribers or third parties arising from the Reseller’s actions or omissions.
3. One It Box reserves the right to modify its Reseller Program at any time. Such changes will become effective upon being posted online or as indicated in a notice provided by us.
4. Resellers are responsible for billing and technical support for each of the Subscribers they have signed up. One It Box retains the right to decline support inquiries from Subscribers associated with a Reseller.
20. Technical Support Services.
1. Except as described otherwise stated below, One It Box will provide technical support via email or ticket for the Services (“Technical Support Services”). To facilitate our investigation into any issues or problems, it is essential for you to provide comprehensive information. By availing yourself of One It Box’s Technical Support Services, you authorize One It Box to access your account, if deemed necessary, to resolve your concern. You acknowledge that One It Box, its agents, and employees shall not be held liable for any damages arising from the provision of customer support.
2. Ineligibility for Technical Support Services: One It Box reserves the right to withhold Technical Support Services in the following circumstances: (a) if you are in violation of this Agreement; (b) if the need for Technical Support Services arises from (i) any modification or attempted modification of the Services by you or any third party not under the control of One It Box, or (ii) your failure or refusal to implement recommended changes by One It Box; or (c) if you engage in abusive behavior towards our staff in any manner.
3. VPS and Dedicated Servers. One It Box will provide a default operating system installation on the dedicated server hardware that permits super-user server access to our support
staff. Subscriber agrees and acknowledges that if Subscriber alters or removes this
server access, One It Box’s ability to provide technical support to the Subscriber may be
severely limited.
21. Disclaimer.
You acknowledge and agree that your utilization of the Services, including any information or content acquired through the Services, is solely at your own risk. You further acknowledge and agree that One It Box exercises no control over, and assumes no responsibility for, the content of the information transmitted through One It Box’s host computers, network hubs, points of presence, or the Internet.
22. Limited Warranty.
THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE BASIS.” ONE IT BOX AND ITS AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS (COLLECTIVELY, THE “ONE IT BOX PARTIES”) DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES PROVIDED HEREUNDER. THE ONE IT BOX PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES (I) THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE; (II) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES; OR (III) AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE SERVICES. THE ONE IT BOX PARTIES ARE NOT LIABLE, AND EXPRESSLY DISCLAIM ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM SUBSCRIBERS OR STORED BY SUBSCRIBERS ON OR THROUGH THE SERVICES. NO ADVICE OR INFORMATION GIVEN BY ONE IT BOX OR ONE IT BOX’S REPRESENTATIVES INCLUDING, WITHOUT LIMITATION, SUPPORT REPRESENTATIVES, SHALL CREATE A WARRANTY. ONE IT BOX DOES NOT GUARANTEE THAT SUBSCRIBERS WILL BE ABLE TO USE THE SERVICES AT TIMES OR LOCATIONS OF THEIR CHOOSING. ONE IT BOX DOES NOT WARRANT THAT THE SERVICES ARE COMPATIBLE WITH ANY THIRD PARTY SERVICE OR SOFTWARE, EVEN IF SUCH THIRD PARTY CLAIMS, REPRESENTS OR WARRANTS THAT SUCH SERVICE OR SOFTWARE IS COMPATIBLE WITH ANY SERVICE OR ONE IT BOX IN PARTICULAR. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
23. Limitation of Liability.
1. ONE IT BOX SHALL NOT BE LIABLE FOR NONPERFORMANCE OR DELAY IN PERFORMANCE CAUSED BY ANY REASON, WHETHER WITHIN OR OUTSIDE OF ITS CONTROL. IN NO EVENT WILL THE ONE IT BOX PARTIES BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES, OR ANY SUBSCRIBER CONTENT, SUBSCRIBER WEBSITE OR OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH THE SERVICES, EVEN IF ONE IT BOX IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
2. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ONE IT BOX’S LIABILITY TO YOU OR ANY PARTY CLAIMING THROUGH YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO ONE IT BOX FOR THE SERVICES IN THE THREE (3) MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THIS AGREEMENT OR OUT OF THE SERVICES MAY BE BROUGHT BY YOU, THE SUBSCRIBER, MORE THAN ONE (1) YEAR AFTER THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. SOME JURISDICTIONS DO NOT ALLOW A LIMITATION ON LIABILITY FOR NEGLIGENCE THAT CAUSES DEATH OR PERSONAL INJURY AND, IN SUCH JURISDICTIONS, ONE IT BOX’S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
24. Indemnification.
You agree to indemnify, defend, and hold the One It Box Parties harmless from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney’s fees) brought forth by a third party against any of the One It Box Parties arising from or relating to (i) your utilization of the Services, (ii) any breach or violation committed by you of this Agreement, or (iii) any of your actions or omissions, except to the extent that any of the aforementioned directly results from One It Box’s own gross negligence or willful misconduct. The provisions of this section shall remain in effect even after the termination of this Agreement.
25. Governing Law and Arbitration.
1. Governing Law; Jurisdiction. Any dispute, claim, or controversy arising out of or relating to this Agreement, including the formation, interpretation, breach, or alleged torts associated with this Agreement, shall be governed by the substantive laws of the State of Texas, United States. The United Nations Convention on Contracts for the International Sale of Goods is not applicable to this Agreement. Any legal action, suit, or proceeding concerning this Agreement must be filed in a state or federal court located in Austin, Texas. By accepting this Agreement, you irrevocably consent to the exclusive jurisdiction of such courts (including any appellate courts) in any such legal action, suit, or proceeding. Furthermore, you waive any objection, now or in the future, to the venue of any such legal action, suit, or proceeding in such courts and any claim that such legal action, suit, or proceeding was brought in an inconvenient forum, to the fullest extent permitted by applicable law.
27. Miscellaneous.
1. Backups. For its own operational efficiencies and purposes, One It Box from
time to time backs up data on its servers, but is under no obligation or
duty to Subscriber to do so under this Agreement. IT IS SOLELY SUBSCRIBER’S DUTY AND RESPONSIBILITY TO BACKUP SUBSCRIBER’S FILES AND DATA ON ONE IT BOX SERVERS, AND under no circumstance will One It Box be liable to
anyone FOR DAMAGES OF ANY KIND under any legal theory for loss of
Subscriber files and/or data on any One It Box server. One It Box will not attempt to back up accounts that exceed 50,000 files or 30 Gigs of space for any reason
and does not maintain any backups of dedicated accounts.
2. Independent Contractor. One It Box and the Subscriber are independent contractors, and nothing in this Agreement creates a principal-agent, partnership, or joint venture relationship between them. Neither party has the authority, whether explicitly or implicitly, to make contracts or agreements on behalf of the other party or to bind the other party in any way. Furthermore, neither party may represent itself as having such authority to obligate the other party.
3. Headings. The headings herein are for convenience only and are not part of
this Agreement.
4. Entire Agreement. This Agreement, including any referenced documents, supersedes all prior discussions, negotiations, and agreements between the parties regarding the subject matter herein. It constitutes the sole and complete agreement between the parties concerning the matters covered by this Agreement..
5. Severability. If any provision or portion of this Agreement is deemed illegal, invalid, or unenforceable by a court of competent jurisdiction, the intention of the parties is for the remaining provisions or portions (unless otherwise specified) to remain in full force and effect. These remaining provisions or portions shall represent their agreement regarding the subject matter herein.
6. Assignment; Successors. You may not transfer or assign this Agreement or any of its rights or obligations without prior written consent from One It Box. Any attempted assignment in violation of this provision shall be deemed null and void. One It Box, however, reserves the right to assign its rights and obligations under this Agreement and engage subcontractors or agents without requiring your consent. This Agreement remains binding upon the parties and extends to their respective successors and permitted assigns.
7. Force Majeure. Neither party shall be held liable for any default or delay in performing its obligations under this Agreement (excluding payment obligations) if such default or delay is caused by circumstances beyond the reasonable control of the party. Such circumstances include but are not limited to fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, transportation or communication interruptions, supply shortages, or the failure of any third party to fulfill its commitments related to the production or delivery of necessary equipment or materials for the party’s obligations under this Agreement.
8. Third-Party Beneficiaries. Except as expressly provided in this Agreement, it is not intended to confer any rights on any person other than the parties and their respective successors. However, if a third-party supplier of a product or service is identified as a third-party beneficiary in the Service description, they are an intended third-party beneficiary of the specific provisions related to their products or services. They have the right to directly enforce the terms and conditions of this Agreement against you as if they were a party to this Agreement.