Terms of Service

Terms of Service

You will want to read these terms when using this web property.

1. Term.

The initial service term of the agreement shall begin on the date that Anet Computers generates an e-mail message to customer announcing the activation of the customer’s account, the Service Commencement Date and shall continue for the number of months stated in the order, the Initial Term). Upon expiration of the initial term, this agreement shall automatically renew for one successive renewal terms of the same length as the initial term, each a Renewal Term, unless Anet Computers or customer provides the other with written notice of non-renewal at least thirty thirty days prior to the expiration of the initial term or then-current renewal term, as applicable. The initial term and any renewal term may be referred to collectively in this agreement as the Term.

2. Acceptable Use Policy/Law.

Customer agrees to use the service in compliance with applicable law and Anet Computer’s Acceptable Use Policy the AUP, which is hereby incorporated by reference in this agreement. Customer agrees that Anet Computers may, in its reasonable commercial judgment consistent with industry standards, amend the AUP from time to time in order 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 Anet Computer’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 Anet Computer’s reasonable investigation of any suspected violation of the AUP. In the event of a dispute between Anet Computers and customer regarding the interpretation of the AUP, Anet Computer’s commercially reasonable interpretation of the AUP shall govern.

3. Customer Information.

Customer represents and warrants to Anet Computers that the information he, she or it has provided and will provide to Anet Computers for purposes of establishing and maintaining the service is accurate. If customer is an individual, customer represents and warrants to Anet Computers that he or she is at least eighteen years of age. Anet Computers 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 contract.

4. Indemnification.

Customer agrees to indemnify and hold harmless Anet Computers, Anet Computer’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.

5. Disclaimer of Warranties.

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

6. 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, 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 Anet Computers 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.

7. Suspension/Termination.

* (a) Suspension of Service.

Customer agrees that Anet Computers may suspend services to customer without notice and without liability if: (i) Anet Computers reasonably believes that the services are being used in violation of the AUP; (ii) customer fails to cooperate with any reasonable investigation of any suspected violation of the AUP; (iii) Anet Computers reasonably believes that the suspension of service is necessary to protect its network or its other customers, or (iv) as requested by a law enforcement or regulatory agency. Customer shall pay Anet Computer’s reasonable reinstatement fee if service is reinstituted following a suspension of service under this subsection.
* (b) 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 Anet Computers 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 Anet Computers prior to the expiration of the initial term or any renewal term without further notice and without liability as follows: (i) upon five 5 days notice if customer is overdue on the payment of any amount due under the agreement; (ii) customer materially violates any other provision of the agreement, including the AUP, and fails to cure the violation within thirty 30 days of a written notice from Anet Computers describing the violation in reasonable detail; (iii) upon one 1 days notice if customer’s service is used in violation of a material term of the AUP more than once, or (iv) upon one 1 days notice if customer violates section five, customer information of this agreement. Either party may terminate this agreement upon five 5 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.

8. Requests for Customer Information.

Customer agrees that Anet Computers may, without notice to customer, (i) report to the appropriate authorities any conduct by customer or any of customer’s customers or end users that Anet Computers believes violates applicable law, and (ii) 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.

9. Notices.

Notices to Anet Computers under the agreement shall be given with electronic mail to the e-mail address posted for customer support. Notices to Customer shall be given with 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.

10. Force Majeure.

Anet Computers shall not be in default of any obligation under the agreement if the failure to perform the obligation is due to any event beyond Anet Computer’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.

11. Governing Disputes/Law.

The Agreement shall be governed by the laws of the United States of America, exclusive of its choice of law principles, and the laws of the United States of America, 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 FAIRFAX COUNTY, Anet Computers, AND EACH PARTY AGREES NOT TO DISPUTE SUCH PERSONAL JURISDICTION AND WAIVES ALL OBJECTIONS THERETO.

12. Miscellaneous.

Each party acknowledges and agrees that the other party retains exclusive ownership and rights in its trademarks, service marks, trade secrets, inventions, copyrights, and other intellectual property. Neither party may use the other party’s name or trade mark without the other party’s prior written consent. The parties intend for their relationship to be that of independent contractors and not a partnership, joint venture, or employer/employee. Neither party will represent itself to be agent of the other. Each party acknowledges that it has no power or authority to bind the other on any agreement and that it will not represent to any person that it has such power or authority. This Agreement may be amended only by a formal written agreement signed by both parties. The terms on customer’s purchase order or other business forms are not binding on Anet Computers unless they are expressly incorporated into a formal written agreement signed by both parties. A party’s failure or delay in enforcing any provision of the agreement will not be deemed a waiver of that party’s rights with respect to that provision or any other provision of the agreement. A party’s waiver of any of its right under the agreement is not a waiver of any of its other rights with respect to a prior, contemporaneous or future occurrence, whether similar in nature or not. The captions in the agreement are not part of the Agreement, but are for the convenience of the parties. The following provisions will survive expiration or termination of the agreement: Fees, indemnity obligations, provisions limiting liability and disclaiming warranties, provisions regarding ownership of intellectual property, these miscellaneous provisions, and other provisions that by their nature are intended to survive termination of the Agreement. There are no third party beneficiaries to the agreement. Neither insurers nor the customers of resellers are third party beneficiaries to the agreement. Customer may not transfer the agreement without Anet Computer’s prior written consent. Anet Computer’s approval for assignment is contingent on the assignee meeting Anet Computer’s credit approval criteria. Anet Computers may assign the agreement in whole or in part.

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.