1. Term

    The initial service term of the Agreement shall begin on the date that BoxIntense generates an e-mail message to Customer announcing the activation of the Customer’s account and shall continue in effect as long as the Customer subscribes or uses softwares or services BoxIntense provide.


  2. Payments And Agreement To Pay

    Fees are payable in advance on or before the first day of each billing cycle. Billing cycle will be renewed every first day of the month. Customer’s billing cycle shall be monthly, quarterly, semi-annually or annually as indicated on the Order, beginning on the Service Commencement Date. If the Order provides for credit/debit card billing, Customer authorizes BoxIntense to bill subsequent fees to the credit/debit card on or after the first day of each successive billing cycle during the Term of this Agreement; otherwise BoxIntense will invoice Customer via electronic mail to the Primary Customer Contact listed on the Order. Invoiced fees may be issued on or before the 1st day of each billing cycle, and the fees shall be due on the 3rd day following invoice date. Service suspension for non-payment is subject to $5 (for Virtual Private Server) or $50 (for Dedicated Server) re-activation fees.


  3. Refund And Dispute

    Customers are entitled to 7 days service trial for every VPS packages the Customer subscribes. Between the first 7 days, in case that the Customer is unhappy with our service, the respected Customer is entitled to a full refund. You may request in writing via support ticket to our Sales Department so your service subscription be discontinued and the refund can be processed. All Dedicated Server and Software License orders are final and non-refundable. If you dispute a charge to your credit card issuer or payment provider (chargeback), BoxIntense on our own sole discretion is allowed to suspend or terminate your account without prior/further notice.


  4. Fee Increases

    BoxIntense may increase its fees for services effective the first day of a Renewal Term by giving notice to Customer of the new fees at least fifteen (15) days prior to the beginning of the Renewal Term, and if Customer does not give a notice of non-renewal as provided in Section 2 above, the Customer shall be deemed to have accepted the new fee for that Renewal Term and any subsequent Renewal Terms (unless the fees are increased in the same manner for a subsequent Renewal Term).


  5. Service Cancellation

    In event that the Customer is no longer planning to use BoxIntense's service, the Customer agrees to cancel the service at least seven (7) days prior to next billing cycle. The Customer must request the service cancellation via BoxIntense's Client Area (https://support.boxintense.com/clientarea.php?action=products), by choosing the service package and then proceed to "Request Service Cancellation" button.


  6. Law & AUP

    Customer agrees to use the service in compliance with applicable law and BoxIntense’s Acceptable Use Policy posted at http://www.boxintense.com/legal/aup/, which is hereby incorporated by reference in this Agreement. Customer agrees that BoxIntense may, in its reasonable commercial judgment consistent with industry standards, amend the AUP from time to time to further detail or describe reasonable restrictions and conditions on Customer’s use of the Services. Amendments to the AUP are effective on the earlier of BoxIntense’s notice to Customer that an amendment has been made, or the first day of any Renewal Term that begins subsequent to the amendment. Customer agrees to cooperate with BoxIntense’s reasonable investigation of any suspected violation of the AUP. In the event of a dispute between BoxIntense and Customer regarding the interpretation of the AUP, BoxIntense’s commercially reasonable interpretation of the AUP shall govern.


  7. Suspension

    Customer agrees that BoxIntense may suspend services to Customer without notice and without liability if:

    • upon three (3) days notice if Customer is overdue on the payment of any amount due under the Agreement;

    • BoxIntense reasonably believes that the services are being used in violation of the AUP;

    • Customer fails to cooperate with any reasonable investigation of any suspected violation of the AUP;

    • BoxIntense reasonably believes that the suspension of service is necessary to protect its network or its other customers, or

    • as requested by a law enforcement or regulatory agency. Customer shall pay BoxIntense's reasonable reinstatement fee if service is reinstituted following a suspension of service under this subsection.


  8. Termination

    The Agreement may be terminated by Customer prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability if BoxIntense fails in a material way to provide the service in accordance with the terms of the Agreement and does not cure the failure within ten (10) days of Customer’s written notice describing the failure in reasonable detail. The Agreement may be terminated by BoxIntense prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability as follows:

    • upon seven (7) days notice if Customer is overdue on the payment of any amount due under the Agreement;

    • Customer materially violates any other provision of the Agreement, including the AUP, and fails to cure the violation within 24 hours of a written notice from BoxIntense describing the violation in reasonable detail;

    • upon one (1) days notice if Customer’s Service is used in violation of a material term of the AUP more than once, or

    • upon one (1) days notice if Customer violates Section 5 (Customer Information) of this Agreement. Either party may terminate this agreement upon seven (7) days advance notice if the other party admits insolvency, makes an assignment for the benefit of its creditors, files for bankruptcy or similar protection, is unable to pay debts as they become due, has a trustee or receiver appointed over all or a substantial portion of its assets, or enters into an agreement for the extension or readjustment of all or substantially all of its obligations.


  9. Back Up Copy

    Due to the nature of VPS and dedicated servers, BoxIntense does not provide any sort of backup solution by default. Customer agrees to maintain a current copy of all content hosted by BoxIntense. BoxIntense is not responsible nor must provide customers with backup copies for any data loss within our server.


  10. Changes To BoxIntense's Network

    Upgrades and other changes in BoxIntense’s network, including, but not limited to changes in its software, hardware, and service providers, may affect the display or operation of Customer’s hosted content and/or applications. BoxIntense reserves the right to change its network in its commercially reasonable discretion, and BoxIntense shall not be liable for any resulting harm to Customer.


  11. Bandwith Usage

    Customer agrees that bandwidth usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form. In event that a customer exceeds the allocated bandwidth, BoxIntense may, at its sole discretion, suspend the service or collect overusage fees according to the service package. In Virtual Private Server environment, the server will be suspended until the customers either upgrade to a package with higher bandwidth allocation or until the next billing cycle. In Dedicated Server environment, the customers are liable to pay $50 per 1 Mbps (equal to 325 GB worth of data transfer) of bandwidth transfer, calculated based on 95th percentile.


  12. Notices

    Notices to BoxIntense under the Agreement shall be given via electronic mail to the e-mail address posted for customer support on http://support.boxintense.com/. Notices to Customer shall be given via electronic mail to the individual listed as the Primary Customer Contact on the Order. Notices are deemed received on the day transmitted, or if that day is not a business day, on the first business day following the day delivered. Customer may change his, her or its notice address by a notice given in accordance with this Section.


  13. Request For Customer Information

    Customer agrees that BoxIntense may, without notice to Customer,

    • report to the appropriate authorities any conduct by Customer or any of Customer’s customers or end users that BoxIntense believes violates applicable law, and

    • provide any information that it has about Customer or any of its customers or end users in response to a formal or informal request from a law enforcement or regulatory agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.


  14. Indemnification

    Customer agrees to indemnify and hold harmless BoxIntense, BoxIntense’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.


  15. Force Majeure

    BoxIntense shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond BoxIntense’s control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.


  16. Harassment And Abuse

    BoxIntense does not tolerate abuse of any kind towards it's employees. This includes all verbal harassment, yelling, swearing, rudeness, threats, and any intentionally disruptive behavior directed at BoxIntense or any of it's staff and agents. Client agrees to engage BoxIntense in a professional manner whether in email, helpdesk tickets, live chat, or forums. Any abuse will be construed as a violation of this Terms of Service agreement. No refunds will be provided for any service termination which arises as a result of a violation of this clause.


  17. Governing Law/Disputes

    The Agreement shall be governed by the laws of the United States of America, exclusive of its choice of law principles, as applicable. The Agreement shall not be governed by the United Nations Convention on the International Sale of Goods. EXCLUSIVE VENUE FOR ALL DISPUTES ARISING OUT OF OR RELATING TO THE AGREEMENT SHALL BE THE STATE AND FEDERAL COURTS IN UNITED STATES OF AMERICA AND EACH PARTY AGREES NOT TO DISPUTE SUCH PERSONAL JURISDICTION AND WAIVES ALL OBJECTIONS THERETO.


  18. Disclaimer Of Warranties

    BOXINTENSE DOES NOT WARRANT OR REPRESENT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. TO THE EXTENT PERMITTED BY APPLICABLE LAW BOXINTENSE 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.


  19. Limitation Of Damages

    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 (INCLUDING BUT NOT LIMITED TO DATA AND INTELLECTUAL ASSETS), 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 POSSIBILIY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING ELSE IN THE AGREEMENT TO THE CONTRARY, THE MAXIMUM AGGREGATE LIABILITY OF BOXINTENSE 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.


  20. Misc

    We reserve the right to refuse service to anyone at any time for any reason.


This Agreement together with the Order and AUP constitutes the complete and exclusive agreement between the parties regarding its subject matter and supercedes and replace any prior understanding or communication, written or oral. TOS and AUP are subject to change at any time at the sole discretion of BoxIntense.