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Terms of Service

By creating an account, you agree to our Terms of Service

This Terms of Service Agreement (“TOS Agreement”) constitutes a valid, binding and enforceable legal contract by and between you, the “Subscriber”, and Clairvoyanthost.

IMPORTANT NOTICE: *All Payments to ClairvoyanthostAre Non-Refundable

1. Provision of Service: Acceptance of this TOS Agreement and Acceptance of Clairvoyanthost’s Acceptable Use Policy:

Clairvoyanthost’s provision of service to Subscriber, and Subscriber’s acceptance and use of said service, constitute Subscriber’s acceptance of, and agreement to, this TOS Agreement as well as Subscriber’s acceptance of, and agreement to -- which is herewith made a part of this TOS Agreement. This TOS Agreement, constitutes the entire agreement between the parties, and supersedes any prior agreements between the parties.

2. Cancellation of Service:

Clairvoyanthostreserves the right to cancel this TOS Agreement and to permanently disconnect the service that Clairvoyanthostprovides to Subscriber hereunder at anytime without further obligation. Subscriber may cancel this TOS Agreement and the service that Clairvoyanthostprovides to Subscriber hereunder by requesting cancellation via opening a help ticket through the helpdesk at https://www.zenexlive.com at least seven (7) days prior to Subscriber’s next monthly billing date. Clairvoyanthostwill not honor notice of cancellation by any other means of communication. Subscriber must be current on all payments and must have all account information available at the time of such request for said requested cancellation to become effective. It is Subscriber’s responsibility to separately confirm that Clairvoyanthosthas timely received notice of requested cancellation, and Subscriber must make arrangements to pick up any server computer that it owns for removal from Clairvoyanthost’s facility.

3. Disconnection of Service:

Not by way of limitation of Clairvoyanthost’s right to, at any time for any reason, cancel this TOS Agreement and permanently disconnect the service that Clairvoyanthostprovides to Subscriber, Clairvoyanthostalso reserves the right to temporarily disconnect (suspend) the service that Clairvoyanthostprovides to Subscriber (or any one of them, if Subscriber has more than one account or server):

For Subscriber’s failure to timely pay any fee or amount due to Clairvoyanthost, in which case Clairvoyanthostwill first send Subscriber an email indicating that Subscriber’s account is overdue and advising Subscriber that the service that Clairvoyanthostprovides to Subscriber may be terminated if payment is not made within 24 hours; and/or

If Clairvoyanthostdetermines, in its sole judgment, that Subscriber is in violation of this TOS Agreement, and Clairvoyanthostbelieves that Subscriber can timely and appropriately cure said violation. If, in Clairvoyanthost’s sole discretion, a potential violation is detected, the service (including all services on all server computers of Subscriber, if Subscriber uses more than one) that Clairvoyanthostprovides to Subscriber may be terminated, without notice to Subscriber, until Clairvoyanthost’s investigation is complete, which investigation Clairvoyanthostshall attempt to complete within a reasonable time period.

Subscriber will not be credited, under any circumstances, for any time that the service that Clairvoyanthostprovides to Subscriber is suspended, interrupted or terminated.

4. ClairvoyanthostNot Obligated To Review Activities or Notify of Violations:

Clairvoyanthostis under no obligation to review Subscriber's and/or any of Subscriber’s Sub-User’s (the term “Subscriber’s Sub-User” is defined below) activities to determine if a violation of this TOS Agreement (which includes Clairvoyanthost’s AUP) has occurred. Further, Clairvoyanthostdoes not assume any responsibility by virtue of this TOS Agreement to monitor, enforce or police Internet-related activities or to notify Subscriber of any actual or suspected violations.

5. Assignment:

Subscriber may not transfer or assign this TOS Agreement without the prior written consent of Clairvoyanthost. Clairvoyanthostmay transfer and assign this TOS Agreement, the Service and all of Clairvoyanthost’s rights, titles and interests thereunder at any time without consent from or notice to Subscriber.

6. Waiver:

Waiver by Clairvoyanthostof Subscriber’s breach of any term or condition of this TOS Agreement shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other term or condition of this TOS Agreement.

7. Responsibilities:

Subscriber Shall Defend and Indemnify Clairvoyanthost: Subscriber shall fully defend, indemnify, pay and hold harmless Clairvoyanthostand its managers, members, employees, affiliates, attorneys, agents, contractors and licensors (such Clairvoyanthostrelated parties collectively referred to under this Section 10.A. as “Clairvoyanthost-related party”) for any Subscriber violation(s) of this TOS Agreement and for any violation(s) by a sub-subscriber of, client of, customer of, reseller of, user of, sub-user of, or similar party related to, Subscriber (collectively referred to as a “Subscriber’s Sub-User”), that results in any loss, damage, cost or expense to Clairvoyanthostor an Clairvoyanthost-related party, or in any claim made or threatened against Clairvoyanthostor an Clairvoyanthost-related party by any third-party. If Clairvoyanthostor an Clairvoyanthost-related party is sued (or if a suit is threatened against Clairvoyanthostor an Clairvoyanthost-related party) because of Subscriber's or a Subscriber’s Sub-User’s act or omission, Subscriber shall pay any and all damages awarded against Clairvoyanthostand any Clairvoyanthost-related party immediately upon such award (whether or not any appeal is available/taken), plus any and all of Clairvoyanthost’s and any Clairvoyanthost-related party’s expenses and costs (including Clairvoyanthost’s and any Clairvoyanthost-related party’s reasonable attorneys’ fees) related thereto;

ClairvoyanthostNot Liable: The service that Clairvoyanthostprovides to, or is to provide to, Subscriber is provided on an “as is” and “as available” basis, and Subscriber’s use of said service is at Subscriber’s sole risk. In no case shall Clairvoyanthostor any of its managers, members, employees, affiliates, attorneys, agents, contractors or licensors be liable for any direct, indirect, incidental, punitive, exemplary, special or consequential damages, losses, costs or expenses, including, but not limited to, loss of profits, loss of data, loss or damage to goodwill, or loss of use of data or other intangible losses, or for any claim(s) related thereto, even if said party has been advised of the possibility of such damages, losses, costs, expenses or claims, arising from or related to:

Subscriber’s or Subscriber’s Sub-Users’ use or inability to use the service (whether from Service Faults or otherwise) that Clairvoyanthostprovides to, or is to provide to, Subscriber;

Any destruction, damage, taking, unavailability or other loss of Subscriber’s or any Subscriber’s Sub-User’s system, server or data;
The cost to procure any substitute service;
Any unauthorized access or use of Subscriber’s account; or
Any third party conduct or other matter relating to the service;

Content Responsibility: Clairvoyanthosttakes no responsibility or accountability for, and Subscriber is entirely responsible and accountable for, any and all Subscriber and third-party data, information and content transmitted by (via email, uploading, posting or otherwise), stored on, inputted to/through, linked to/through and/or served by, Subscriber’s server computer (or any server computer internally assigned to Subscriber) at Clairvoyanthost’s premises and/or using the service that Clairvoyanthostprovides to Subscriber;

Subscriber’s Responsibility to Enforce: It is Subscriber’s responsibility to ensure that Subscriber and all of Subscriber’s Sub-Users continuously adhere to the terms and conditions contained in this TOS Agreement (including Clairvoyanthost’s AUP), and Subscriber is, and will be held, responsible for Subscriber’s acts and omissions and for the acts and omissions of Subscriber’s Sub-Users related thereto. It is in Subscriber’s best interest to implement a similar policy of acceptable use and compliance among Subscriber’s Sub-Users;

Subscriber’s Network / Security: Subscriber is solely responsible for ensuring that its network and the network(s) of Subscriber’s Sub-User(s) are configured in a secure manner. Subscriber is solely responsible for any intrusions into, or security breaches of, any of its server computers, networks or systems. Subscriber is solely responsible and accountable for, and Clairvoyanthostshall not be responsible or accountable for, any/all activities that occur on or through Subscriber’s service computers, networks and systems, including any and all acts or omissions by, or attributable to, any third party, using the service that Clairvoyanthostprovides to Subscriber;

Subscriber’s Responsibility to Backup System/Data – Deletion of System/Data: Clairvoyanthostis not responsible for, and Subscriber is solely responsible for, backing up Subscriber’s system/data, including any/all system/data of any Subscriber’s Sub-User, related to Subscriber’s server computer (or any server computer internally assigned to Subscriber) at Clairvoyanthost’s premises and/or to the service that Clairvoyanthostprovides to Subscriber. Any server computer owned by Subscriber on Clairvoyanthost’s premises or otherwise under Clairvoyanthost’s possession or control will be considered abandoned and forfeited thirty (30) days after cancellation of this TOS Agreement for non-payment, at which time, Clairvoyanthostwill delete any and all Subscriber and Subscriber’s Sub-User system/data. For any server computer not owned by Subscriber but that is or may be internally assigned to Subscriber, Clairvoyanthostwill delete any and all Subscriber and Subscriber’s Sub-User system/data immediately upon cancellation of this TOS Agreement for non-payment.;

Subscriber’s Responsibility To Insure: Clairvoyanthostis not responsible for, and Subscriber is solely responsible for, fully insuring Subscriber’s and Subscriber’s Sub-Users’ system/data against destruction, damage, taking, unavailability or other loss, and Clairvoyanthostis not responsible for, and Subscriber is solely responsible for, fully insuring any/all server computers, components and equipment owned or controlled by Subscriber against loss and damage during shipment, handling, placement and use, whether said server computer/equipment is in Clairvoyanthost’s possession or control or otherwise;

8. Subscriber Contact Information, Updates & ID:

Subscriber shall, at https://www.zenexlive.com, provide Clairvoyanthostwith, and shall update Clairvoyanthostimmediately upon any change(s) with, accurate, current and complete contact information (including email, fax, telephone and street address contacts) so that Clairvoyanthostmay register Subscriber, charge payments to Subscriber and otherwise contact Subscriber as may be required from time to time in the course of this TOS Agreement. In addition, Subscriber agrees to provide photo identification to Clairvoyanthostprior to Subscriber’s preliminary visit, if any, to Clairvoyanthost’s data center.

9. Age/ Legal Authority:

If Subscriber is an individual, Subscriber must be eighteen (18) years of age or older in order to enter into this TOS Agreement to subscribe to the service that Clairvoyanthostprovides to Subscriber, and Subscriber herewith assures Clairvoyanthostthat Subscriber meets said age requirement. If Subscriber is an entity, Subscriber herewith assures Clairvoyanthostthat it has all the legal authority necessary to enter into this TOS Agreement to subscribe to the service Clairvoyanthostprovides to Subscriber.

10. Payment Information:

Service Rates: The nature of the service that Clairvoyanthostprovides to Subscriber, and the rates and fees thereof, have been communicated to Subscriber by Clairvoyanthost. Clairvoyanthostmay amend its rates and fees from time to time, at Clairvoyanthost’s discretion, by posting said change(s) on Clairvoyanthost’s website at https://www.zenexlive.com, which rate change shall become effective as outlined in said posting;

Payment: Clairvoyanthostmay charge Subscriber a one-time, pre-agreed set-up fee before Clairvoyanthostestablishes any service for Subscriber. Subscriber shall thereafter pay, on each monthly anniversary date thereafter, an ongoing service charge in advance for Clairvoyanthost’s continued provision of the service that Clairvoyanthostprovides to Subscriber. Subscriber agrees that Clairvoyanthostmay automatically charge Subscriber’s credit card each month, and may process Subscriber’s payment as early as five (5) days before the due date, to ensure that Clairvoyanthostreceives payment on or before the due date;

Invoicing: Clairvoyanthostdoes not send out invoices automatically. If the Subscriber requires an invoice, it may write to us and get the invoice.

Refunds and Disputes: All payments made to Clairvoyanthostby Subscriber or on Subscriber’s behalf are nonrefundable – including the one-time set-up fee, if any, as well as any/all subsequent monthly charges (regardless of usage). Overcharges or billing disputes must be reported to Clairvoyanthostwithin thirty (14) days of occurrence, otherwise Subscriber shall have waived all claims related thereto. If Subscriber disputes a charge to its credit card issuer, which charge Clairvoyanthostdeems, in its sole discretion, to be valid under the terms and conditions of this TOS Agreement, Subscriber shall pay Clairvoyanthost, in addition to said disputed charge, an Administrative Fee of not less than $50.00 and not more than $150.00;

Payment Declination/Rejection Charge: Should Subscriber’s credit card or any payment be declined or rejected for any reason, Clairvoyanthostmay charge Subscriber a $15.00 administrative fee per occurrence;

11. Service and Support:

Support & Support Boundaries: Within Clairvoyanthost’s field of service and ability, Clairvoyanthostoffers 24 hours/day x 7 days/week technical support to Subscriber, except during a few holidays and company meetings when we temporarily close our facility. Subscriber’s server computer(s) housed at Clairvoyanthost’s facility is(are) unmanaged, and Clairvoyanthostoffers only that the service provided by Clairvoyanthostto Subscriber’s server computer(s) is online and remotely accessible. Clairvoyanthostdoes not offer technical support for application-specific issues, and Clairvoyanthostshall not provide technical support to Subscriber’s Sub-Users. Subscriber should contact Clairvoyanthostby opening a help ticket with the support desk for technical assistance at http://crm.Clairvoyanthostservers.net.

Service Faults / No ClairvoyanthostLiability / No Warranty: Clairvoyanthostdoes not guarantee that the service that Clairvoyanthostprovides, or is to provide, to Subscriber is or will be free from errors, omissions, corruption, attack, viruses, interference, loss, hacking, security intrusion, delays, non-delivery, wrong delivery or any other causes of interruption or damage (collectively “Service Faults”). As a reminder of, and not as a limitation of, Clairvoyanthost’s limitation of liability under Section 10.B. above, in no case shall Clairvoyanthostor any of its managers, members, employees, affiliates, attorneys, agents, contractors or licensors be liable for any direct, indirect, incidental, punitive, exemplary, special or consequential damages, losses, costs or expenses, including, but not limited to, loss of profits, loss of data, loss or damage to goodwill, or loss of use of data or other intangible losses, or for any claim(s) related thereto, even if said party has been advised of the possibility of such damages, losses, costs, expenses or claims, arising from or related to the following:

Subscriber’s or Subscriber’s Sub-Users’ use or inability to use the service (whether from Service Faults or otherwise) that Clairvoyanthostprovides to, or is to provide to, Subscriber,
Any destruction, damage, taking, unavailability or other loss of Subscriber’s or any Subscriber’s Sub-User’s system, server or data,
The cost to procure any substitute service,
Any unauthorized access or use of Subscriber’s account or
Any third-party conduct or other matter relating to the service.

ClairvoyanthostAND ITS MANAGERS, MEMBERS, EMPLOYEES, AFFILIATES, ATTORNEYS, AGENTS, CONTRACTORS AND LICENSORS HEREWITH EXPRESSLY DISCLAIM ANY AND ALL EXPRESS AND IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO REQUEST OR ADVICE FROM SUBSCRIBER TO Clairvoyanthost, IN ANY FORM OF MEDIA, SHALL CREATE ANY WARRANTY. SUBSCRIBER IS SOLELY RESPONSIBLE FOR ANY DAMAGE TO SUBSCRIBER’S NETWORK AND SYSTEM AND FOR ANY LOSSES THAT RESULT FROM SUBSCRIBER’S USE OF, OR INABILITY TO USE, THE SERVICE THAT ClairvoyanthostPROVIDES, OR IS TO PROVIDE, TO SUBSCRIBER;

Facility Access: Visits to Clairvoyanthost’s facility must be scheduled at least twenty-four (24) hours prior to the visit. Should Subscriber need emergency access to Subscriber’s server computer, Subscriber must contact Clairvoyanthosttechnical support and request access at least fifteen (15) minutes prior to the emergency visit. Subscriber shall pay any/all related charges (such as for a security pass, property pass, time and assistance provided by Clairvoyanthost, etc.). and Subscriber shall submit a photo ID for Clairvoyanthost’s records prior to Subscriber’s initial visit to Clairvoyanthost’s facility. Guided tours for prospective clients (non-subscribers) are permitted, at the sole discretion of Clairvoyanthost, only during regular business hours, Monday-Friday, and should be scheduled at least twenty-four (24) hours in advance;

IP Address Allocation / Ownership: If Clairvoyanthostassigns Subscriber an Internet Protocol (“IP”) address and/or number(s) for Subscriber's use, the right to use that IP address/number shall belong solely to Clairvoyanthost, and Subscriber shall have no right to use that IP address/number except as permitted by Clairvoyanthostin its sole discretion in connection with the services provided by Clairvoyanthostto Subscriber during the term of this TOS Agreement. Clairvoyanthostshall maintain and control ownership of all IP addresses and numbers that may be assigned to Subscriber by Clairvoyanthost, and Clairvoyanthostreserves the right to change or remove any and all such IP addresses/numbers, in its sole and absolute discretion. Clairvoyanthost’s allocation of IP addresses/numbers is limited by the policies, as they exist from time to time, of the American Registry for Internet Numbers (“ARIN”), including policies providing that the use of IP addresses or numbers for IP-based v

12. Unauthorized Use of Account:

Subscriber shall not reveal Subscriber’s account information to anyone, Subscriber shall protect and maintain the confidentiality and security of Subscriber’s account, Subscriber shall not use anyone else’s account, and Subscriber shall immediately notify Clairvoyanthostof any unauthorized use of Subscriber’s account or any other breach of security. Subscriber is solely responsible and accountable for, and Clairvoyanthostshall not be responsible or accountable for, any/all activities that occur on or through Subscriber’s account, including any and all acts or omissions by, or attributable to, any third party, using the service that Clairvoyanthostprovides to Subscriber.

13. SPAM / Unsolicited Commercial Email (UCE) / Unsolicited Bulk Email (UBE):

DO NOT SPAM FROM YOUR ACCOUNT. Subscriber may not use or permit others to use the service that Clairvoyanthostprovides to Subscriber to transmit (including by email, uploading, posting or other transmission), originate, pass through or otherwise transact any SPAM, UCE and/or UBE. Violations of this policy carry, as well as possible suspension or cancellation of service, additional penalties and/or remedies, including, but not limited to:

Clairvoyanthostreserves the right to drop the section of any IP space involved in any SPAM/ UCE/ UBE or Denial of Service (DOS) complaints if Clairvoyanthostdetermines, in its sole discretion, that the offending activity is causing, or may cause, harm to other parties on the Internet (particularly if open relays are on Subscriber’s network or on a Subscriber's Sub-User’s network, or if DOS attacks are originating from Subscriber’s network);

IMPORTANT NOTICE: A Subscriber hosting websites or services on Subscriber’s server computer supporting spammers or resulting in any of Clairvoyanthost’s IP space to be listed in any of the various Spam Databases or black hole lists will have its service immediately disconnected. Such suspended service will not be reconnected until such time that Subscriber agrees to remove ANY and ALL traces of the offending material immediately upon reconnection, and agrees to allow Clairvoyanthostaccess to its server computer(s) to confirm that all material has been COMPLETELY removed.

Because Subscriber is ultimately responsible for the actions and omissions of Subscriber’s Sub-Users, it is advisable that Subscriber develop a similar policy for its Sub-Users.

14. IRC:

If Subscriber runs IRC on our standard network, Clairvoyanthostwill disconnect the service that Clairvoyanthostprovides to Subscriber until Subscriber agrees to be moved to Clairvoyanthost’s IRC network

15. Clairvoyanthost's Remedies Cumulative / No Waiver:

Clairvoyanthost’s remedies under this TOS Agreement are cumulative, and they may be exercised concurrently or separately at any time. Lack of action by Clairvoyanthostwith respect to any remedy shall not serve as a waiver of that or any other remedy at any time

16. Clairvoyanthost’s Trademarks:

All trademarks, service marks, logos, product names and service names of Clairvoyanthostcomprise the trademarks of Clairvoyanthost, and Subscriber shall not, and shall not allow any third party to, display or use in any manner said trademarks without Clairvoyanthost’s prior written permission.