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TERMS OF SERVICE
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Last Updated: October 30th 2026
42U Networks L.L.C. ("42U Networks") agrees to furnish services to the
Subscriber, subject to the following ("Terms of Service").
42U Networks L.L.C., the company hereafter referred to as, ("42U Networks"),
("Us"), ("We") and The Client, ("Customer"), ("Client") and ("You").
Use of 42U Networks Services constitutes acceptance and agreement to our
AUP ("Acceptable Use Policy"), TOS ("Terms of Service"), and Refund Policy.
All provisions of this contract are subject to change from time to time
at 42U Networks' discretion. The customer understands that a change to
42U Networks' TOS shall not be grounds for early contract termination or
non-payment.
Services may not be used without agreeing to the Terms. The Terms are
accepted by the customer and 42U Networks whenever Services are ordered
or paid for by the customer. The Terms are maintained independently of
any other agreement between 42U Networks and the customer. Unless otherwise
agreed in writing with 42U Networks, any secondary agreements between 42U
Networks and the customer will always include, at a minimum, the terms
outlined here. If a secondary agreement between 42U Networks and the
customer contradicts any attribute of Terms as outlined here, the secondary
agreement shall take precedence.
42U Networks is not affiliated with Minecraft or Mojang AB.
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1. ACCOUNT ELIGIBILITY, REPRESENTATIONS & FRAUD PROHIBITION
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By registering for, opening, or utilizing an account, or accessing the
Services, you make the following express legal representations, warranties,
and covenants under penalty of contract termination and potential civil or
criminal liability:
A. ACCURACY, COMPLETENESS, AND VERACITY OF INFORMATION:
You represent, warrant, and certify that all personal, contact, entity,
tax, identification, and billing information submitted during account
registration, checkout, or subsequent account maintenance is accurate,
complete, current, authentic, and truthful in every respect. You agree to
maintain and promptly update this information to ensure it remains accurate,
complete, and current at all times.
B. STRICT PROHIBITION ON MISREPRESENTATION, CIRCUMVENTION, AND FRAUD:
You expressly agree not to provide fraudulent, misleading, fabricated,
forged, or inaccurate information, nor use unauthorized third-party
identities, aliases, disposable contact credentials, stolen credit instruments,
or proxy identities. Submitting false, fictitious, or altered information,
or using automated tools, obfuscation mechanisms, or fraudulent data to:
(i) bypass or circumvent age verification requirements;
(ii) circumvent jurisdictional, trade, or sanctions restrictions;
(iii) bypass platform security measures, IP justification, KYC protocols,
or risk analysis systems;
(iv) evade prior account bans, suspensions, chargeback records, or blacklists;
or
(v) circumvent service quantity limits, security firewalls, or network
limitations;
constitutes a severe and material breach of this Agreement, as well as willful
fraud against 42U Networks.
C. REMEDIES FOR FALSIFICATION AND CIRCUMVENTION:
In the event 42U Networks discovers, suspects, or determines in its sole
discretion that you have provided fraudulent, deceptive, or false details, or
have attempted to circumvent any operational, legal, or platform restriction:
(i) 42U Networks reserves the right to immediately freeze, suspend, or
permanently terminate your account and all associated Services with
immediate effect and without prior written notice;
(ii) All pre-paid fees, account credits, and payments shall be forfeited
immediately as liquidated damages to offset the administrative, legal,
and investigative costs of the incident, and you shall not be entitled
to any refund, chargeback, or compensation under any policy;
(iii) 42U Networks reserves the right to report fraudulent identities, stolen
credentials, financial deception, and unauthorized computer access to
relevant financial institutions, identity verification partners, credit
reporting agencies, and local, state, federal, or international law
enforcement authorities; and
(iv) 42U Networks reserves all legal remedies to recover actual, compensatory,
statutory, and punitive damages, together with reasonable attorneys' fees
and investigative costs incurred.
D. AGE REQUIREMENT:
You represent and warrant that you are eighteen (18) years of age or older.
The Services are intended solely for individuals who are eighteen (18) years
of age or older. Any registration, use of, or access to the Services by anyone
under eighteen (18) is strictly unauthorized, null, void, and a material
violation of this Agreement.
E. AUTHORITY TO BIND ENTITY:
If you register for or use the Services on behalf of a legal entity,
corporation, partnership, or other commercial party, you represent and warrant
that you possess all requisite legal power and authorization to bind such party
to this Agreement. For business use, you must register the exact legal name,
jurisdiction of registration, and official registered address of the entity.
F. CONTACT INFORMATION AND DOMAINS:
You must provide a primary email address operating under a different domain
than the domain you are hosting or registering through our Services. If an
abuse issue arises or legal contact is necessary, we will communicate using
the primary email or physical mailing address on file. Your physical address
must reflect your bona fide residential address or authorized registered
business office. 42U Networks is not liable for service lapses or expired
domain registrations resulting from outdated or false contact details.
G. ACCOUNT SECURITY & CREDENTIALS:
You are solely and fully responsible for all actions, transmissions, and
omissions taking place through your account. You must maintain strict
confidentiality of your passwords, API keys, and security credentials. Any
dedicated IP order may be subject to IP justification in accordance with
American Registry for Internet Numbers (ARIN) policies. We reserve the right
to deny or revoke any IP allocation based on insufficient justification or
suspected fraud.
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2. IDENTITY VERIFICATION POLICY (KYC)
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To protect platform integrity, prevent fraudulent transactions, combat financial
crimes, and comply with applicable laws, 42U Networks reserves the right to
require customers to complete Know Your Customer (KYC) and identity validation
processes at onboarding, upon receipt of high-risk flags, or at any time during
the service term.
The verification process, conducted via Stripe Identity or another designated
identity verification service, may require the customer to submit an unexpired,
government-issued photo identification document (e.g., driver's license, passport,
or national identity card), a live photographic biometric selfie for facial
comparison, and the last four digits of their Social Security Number (SSN) or
applicable national tax/identification identifier.
Only designated LLC members and authorized compliance officers are permitted
to review submitted KYC information; general technical support staff do not have
access. All sensitive biometric and identification data is handled securely and
redacted/purged post-validation to preserve customer privacy.
Failure to complete mandatory identity verification within the requested timeframe
specified by 42U Networks will result in account suspension, order cancellation,
or termination. If an account is suspended or closed for non-compliance prior to
the delivery of services, any discretionary refund granted will be processed minus
applicable merchant payment processing and identity verification fees.
Intentionally submitting forged, altered, or synthetic identity credentials will
result in immediate account termination without refund and may be referred to
competent law enforcement authorities.
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3. GENERAL TERMS OF SERVICE
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1. Any content or action taken on any 42U Networks plan is the customer's
responsibility. Any actions taken out on a slot, authorized by the
customer or not, will reflect on the customer themselves. The user is
required to follow all Terms of Service outlined here.
2. The user is responsible for ensuring their services are suitably secured.
42U Networks will not be responsible for any loss of data or traffic that
results from a user's lack of security. Unique passwords must be used on
all 42U Networks services.
3. Accounts are for use by the customer only. Any issues that arise from
the sharing of an account with friends or family are the customer's
sole responsibility. 42U Networks will not support or provide advice in
regard to multiple users on a single account.
The following tools/programs are prohibited on any 42U Networks plan:
- Hacking tools
- Spamming tools
- Phishing
- Pornography
- Cryptocurrency miners
- Any malicious content that could reflect poorly on 42U Networks
4. Payments made are the responsibility of the customer. Any unpaid invoices
will result in the service for the said invoice being suspended, with
eventual termination and deletion of all data if left unpaid. Any
overpayments due to incorrect PayPal subscriptions are non-refundable.
These payments will be added to the customer's account as a credit to be
used on future invoices.
5. Please treat staff with respect at all times. In return, we will treat
customers with respect. Any customer being excessively rude will risk being
banned from 42U Networks.
6. The resale of any 42U Networks shared game hosting service or part thereof
is strictly forbidden. Any user found to be reselling any services hosted
on our slots will immediately be terminated with no refund given. VPS,
dedicated servers, colocation, and web hosting may be resold.
7. Users are responsible for ensuring the safety of data stored on their
42U Networks slot. While our services are redundant, data loss can still
occur. We recommend backing up any important files to dedicated cloud hosts.
8. 42U Networks reserves the right to alter prices, storage quantities,
network rates, network volumes, and computational capabilities of all
services at its sole discretion.
9. We reserve the right to amend the TOS outlined here at any point in time.
Continued use of our services depends on the customer following all these
terms.
10. Free trials are provided as is and 42U Networks shall not be held liable
for any damages that may occur from free trials.
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4. ACCOUNT AND SLOT RESPONSIBILITIES
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It is the customer's responsibility to ensure the information kept on their
slot is backed up and secure at all times. We strongly suggest backing
important information up to an external cloud location; we are a hosting
provider, not a storage provider. Drive failure can happen, and we cannot
guarantee the information will be recovered.
We also recommend using a unique, secure password for our User Control Panel.
Any applications or content on our services that are not in line with our TOS
will be considered a violation of our TOS, regardless of if an account was
compromised.
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5. FAIR USAGE
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While we may offer unmetered bandwidth and unmetered storage space to our
customers, we reserve the right to request that you delete excessive files,
such as large logs or anything else we deem excessive.
Our services run on shared resources; as a result, it is the customer's
responsibility to ensure that their activities do not negatively impact
other customers' experiences. The backbone of our fair use policy is this:
Understand how your applications and activities may impact other users and
limit their resource consumption to ensure that everyone has a positive
experience.
Customers must ensure that any applications they run are kept within
acceptable limitations. All customers must be aware of how their actions
impact their neighbors and take measures to ensure that other customers are
not negatively affected. Crypto mining is strictly prohibited on our
servers. 42U Networks may stop, without warning, any services that are
negatively affecting other customers. In extreme scenarios where customers
negatively affect other customers, the customer's slot may be suspended
or terminated.
42U Networks has every right to regain control of the abused resource from
customers without prior notice. 42U Networks will not be liable nor
responsible for any customer/user loss out of this arrangement, and there
will not be any refund of the customer-paid fee. Users of all 42U Networks
services agree not to interfere with other users or third parties/external
services in an unfair or malicious manner such that other users cannot
receive the due level of services. In all 42U Networks services, the word
"unlimited" refers to an "unmetered" usage, but not without restrictions.
42U Networks reserves the right to impose restrictions of various sorts to
ensure fair usage amongst the user community without prior notice to existing
and new users and, upon repeated warnings, suspend and/or terminate
offending users.
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6. FORBIDDEN AND ILLEGAL USE
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42U Networks services may not be used for illegal purposes or in support
of illegal activities. 42U Networks reserves the right to cooperate with
legal authorities and/or injured third parties to investigate any suspected
crime or civil wrongdoing.
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7. UNAUTHORIZED ACCESS
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Use of the 42U Networks service to access, or to attempt to access, the
accounts of others, or to penetrate, or attempt to penetrate, security
measures of 42U Networks or another entity's computer software or hardware,
electronic communications system, or telecommunications system, whether
or not the intrusion results in the corruption or loss of data, is
expressly prohibited and the offending 42U Networks account is subject to
immediate termination and further investigation.
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8. SUPPORT ABUSE POLICY
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The following are our support policy terms that all clients must abide by
when using our services. Any violations of these terms and conditions can
result in a temporary or permanent ban from services like ticket support
or permanent termination of the account.
Please read this agreement carefully before registering and using the
42U Networks support services. By signing up for 42U Networks, you indicate
your acceptance of this agreement and its terms and conditions:
1. Any form of racist, sexist, or harassing language.
2. Threats, either personal or professional. That includes threatening to
initiate undue chargebacks with their credit card processor, threatening
to expose information about the support agent, emotional blackmail,
stalking, and constant harassment.
3. A history of bad behavior with no sign of improvement or change.
4. Frequent and repeated requests, especially when ignoring support's
responses/resolutions.
5. Fraudulent activity or phishing attempts trying to "trick" agents into
giving out information or completing requests they know aren't permitted.
6. Any forms of hardware abuse, solicitation, or illegal activity being
performed using our services.
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9. PAYMENTS, CANCELLATIONS, AND DISPUTES
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PAYMENTS:
Invoices are sent at least 7 days prior to the due date of the service, and
an invoice reminder will then be sent 3 days prior. If the invoice remains
unpaid after 9 AM ET on the due date, the slot will be suspended. Invoice
reminders will be sent out on the first and third days after the due date.
If the invoice remains unpaid after 9 AM ET on the third day, the slot will
be terminated, and all data will be deleted permanently. Any payments past
3 days after the due date will result in a new slot being created; this new
slot is not eligible for our refund policy.
REFUNDS AND DISPUTES:
Please review our separate Refund Policy documentation for specific
eligibility and criteria.
CANCELLATIONS:
All customers are entitled to cancel their service at any point in time.
To cancel a service, a cancellation request must be made from the Customer
Portal. We offer two options: immediate cancellation and cancellation at
the end of the billing period. If immediate cancellation is selected, the
slot will be terminated and wiped shortly after the request. If immediate
cancellation was selected by mistake, we are unable to guarantee that any
data will be recoverable. If cancellation at the end of the billing period
is selected, the slot will be terminated and wiped at the end of the billing
period. It is the responsibility of the customer to ensure that all active
PayPal and Stripe recurring payments are canceled.
SUBSCRIPTIONS AND OVERPAYMENTS:
PayPal and Stripe subscriptions are the sole responsibility of the customer
to manage. We are unable to cancel these on a customer's behalf and, as a
result, require the customer to cancel any unneeded subscriptions when they
cancel or upgrade service with us. We also require the customer to keep track
of any setup subscriptions to avoid overpayment due to duplicate payments.
Any overpayments on our services will be added to the relevant 42U Networks
account and can be accessed and used as credit on future invoices/services.
These overpayments are non-refundable.
CHARGEBACKS AND PAYMENT DISPUTES:
When opening a service with us, customers agree to contact us first
regarding any issues. The use of a payment dispute, PayPal dispute, or a
chargeback to forcibly revoke funding from us is considered a violation of
our TOS. Any customers who commit either of these actions will be blacklisted
from using any services with us in the future and will result in the
immediate termination of your service.
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10. PRIVACY AND HIPAA DISCLAIMER
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The customer understands and agrees to the Privacy Policy provided by
42U Networks.
HIPAA DISCLAIMER:
We are not HIPAA compliant. You are solely responsible for any applicable
compliance with federal or state laws governing the privacy and security
of personal data, including medical or other sensitive data. You acknowledge
that the Services may not be appropriate for the storage or control of access
to sensitive data, such as information about children or medical or health
information. 42U Networks does not control or monitor the information or
data you store on, or transmit through, the Services. We specifically disclaim
any representation or warranty that the Services, as offered, comply with the
federal Health Insurance Portability and Accountability Act ("HIPAA"). Customers
requiring secure storage of "protected health information" as defined under
HIPAA are expressly prohibited from using the Services for such purposes.
Storing and permitting access to "protected health information" is a material
violation of this Agreement, and grounds for immediate account termination.
We do not sign "Business Associate Agreements" and you agree that 42U Networks
is not a Business Associate or subcontractor or agent of yours pursuant to HIPAA.
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11. USER CONTENT AND COMPLIANCE WITH LAW
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FAILURE TO PAY:
42U Networks retains the right to remove or retain the content stored on
42U Networks' servers in the event of non-payment for the services.
USER CONTENT:
You may be able to upload, store, publish, display, and distribute information,
text, photos, videos, and other content on or through the Services (collectively,
"User Content"). User Content includes any content posted by you or by users
of any of your websites hosted through the Services ("User Websites"). You are
solely responsible for any and all User Content and any transactions or other
activities conducted on or through User Websites. By posting or distributing
User Content on or through the Services, you represent and warrant to 42U
Networks that (i) you have all the necessary rights to post or distribute
such User Content, and (ii) your posting or distribution of such User Content
does not infringe or violate the rights of any third party.
Solely for purposes of providing the Services, you hereby grant to 42U Networks
a non-exclusive, royalty-free, worldwide right and license to: (i) use,
reproduce, publicly perform, publicly display, modify, translate, excerpt
(in whole or in part), publish and distribute User Content; and (ii) make
archival or back-up copies of User Content and User Websites. Except for the
rights expressly granted herein, 42U Networks does not acquire any right,
title or interest in or to the User Content, all of which shall remain solely
with you.
42U Networks exercises no control over, and accepts no responsibility for,
User Content or the content of any information passing through 42U Networks'
computers, network hubs and points of presence or the Internet. 42U Networks
does not monitor User Content. However, you acknowledge and agree that 42U
Networks may, but is not obligated to, immediately take any corrective action
in 42U Networks' sole discretion, including without limitation removal of
all or a portion of the User Content or User Websites, and suspend or terminate
any and all Services without refund if you violate the terms of this Agreement.
You hereby agree that 42U Networks shall have no liability due to any corrective
action that 42U Networks may take.
COMPLIANCE WITH LAW:
The customer accepts full responsibility and accountability for all content
stored on, downloaded to, or distributed from their Services. The customer
certifies that they have legal rights to distribute and store everything stored
on their Services, and all content is legal under United States law, in addition
to the laws of the country or region in which the customer resides and the laws
of the countries or regions in which their Services reside. If any DMCA Takedown
notice is sent to 42U Networks, it will be forwarded to the appropriate customer.
DMCA Takedowns can result in the termination of your service. 42U Networks will
also alert the correct Internet Service Providers when a DDoS attack is logged.
Any DDoS attack originating from a customer will result in immediate termination
with no refund.
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12. SPECIFIC SERVICE TERMS
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MINECRAFT MYSQL SERVICES:
Whilst we do offer a free MySQL Database service with all Minecraft servers,
this is a free service, and as such, we do not hold any liability for any MySQL
data loss or corruption. This free MySQL Service may also only be used for
server-related purposes; any use deemed by 42U Networks outside of "server
related" will result in the removal of your MySQL Database and data. The size
and storage of your MySQL Database is unmetered, although this must be within
fair usage as deemed by 42U Networks. Your server may be suspended, and you will
be contacted if your server's databases exceed this fair usage.
MINECRAFT SERVERS:
RAM is provided based on the plan ordered; your server is allocated the full
amount of memory you purchase. In-game plugins may not show the service having
the full memory; this is due to certain plugins using metaspace. We provide
unlimited slots on all Minecraft plans, which means that you can set your server
to any slot number you would like. This does not mean your service can handle
unlimited players. CPU-intensive servers may be suspended without warning to
prevent causing issues with other clients. You will be notified of this via a
ticket on our billing panel, and are expected to work with us to resolve the
issue. Our disk space is soft-capped to prevent misuse of our systems. Customers
may request an increase to their cap depending on storage available on the
customer's node. For large dynmap folders, logs, backups, and other related
files may be purged if causing issues on the node. If you are found to be using
a plugin or jar file that increases your RAM allocation, your service will be
terminated without a refund. We do not allow the use of plugins that allow you
to run multiple servers on the same service (for example, the plugin "subservers").
DEDICATED AND VIRTUAL PRIVATE SERVERS (VPS):
You agree not to engage in any illegal activities on any dedicated servers
within our network. If you choose to have a preinstalled panel, we do not
guarantee the reliability or availability of the panel installation. You take
full responsibility that if your data is lost due to improper management or
backup procedures, we are not responsible. Processes such as OS reinstalls
totally wipe the disk on your server, therefore removing all previous data
on the server.
SUPPORT ADDONS:
All setup add-ons are applicable for the server they are purchased for and
are non-refundable and non-transferable. These add-ons are provided "as is,"
and no additional support will be provided after the add-on has been configured.
INCLUDED SUPPORT:
We aim to provide a response within 30 minutes for all tickets, although
depending on the complexity of the request, this may be longer. Bumping tickets
will further delay responses as we answer tickets based on their last reply.
Spamming our ticket system may result in your ban from our support system,
preventing access to support. We reserve the right to refuse support due to,
but not limited to, abusive behavior such as profanity or harassment. If this
continues, your services may be terminated without a refund.
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13. LEGAL PROVISIONS AND LIMITATION OF LIABILITY
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COMMON CARRIER:
42U Networks and the customer agree that 42U Networks is solely acting as a
common carrier in its capacity to provide services. The customer agrees that
they are the publisher of any material or information and responsible for it
adhering to the Terms. The content distributed by the customer is in no way
reflective of 42U Networks. 42U Networks does not filter or inspect the content
distributed by the customer using our services, as outlined in our Privacy
Policy. All material stored or distributed by the customer is considered
publicly accessible. 42U Networks' distribution of content provided by the
customer does not express or imply approval of material by 42U Networks, nor
does it confirm that the material is in compliance with the Terms.
AVAILABILITY OF SERVICES:
The customer understands and agrees that interruptions of any services may
occur at any time and without prior notification and may continue for any
duration. The customer agrees that under no circumstances will 42U Networks
be held liable for any financial or other damages due to such interruptions.
In no event shall 42U Networks be held liable to the customer for any damages,
including but not limited to refunds, fees, loss of profits, loss of income,
or cost of replacement services. The failure or interruption shall not be
considered a default under these Terms.
LIMITATION OF LIABILITY:
42U Networks is not liable for the protection or privacy of any content
transmitted through the Internet or any other network provider or services the
customer may use. 42U Networks, under no circumstances, shall be held liable
for any data loss, disruption of information, or distribution of information,
including that of unauthorized access to our server systems or any other loss
of data. 42U Networks shall not be held liable for any disruption, delay, or
disconnection of services for any period of time.
INDEMNITY:
The customer agrees to defend, indemnify and hold 42U Networks harmless from
and against any and all claims, obligations, losses, liabilities, and expenses
(including reasonable attorneys' fees and costs) incurred by 42U Networks
arising from or due to claims made by third parties (including customers of
the customer) that are related to or arising out of:
a) false advertising claims against the customer (or customers of the customer);
b) liability claims for products or services sold by customer (or customer's
customers) or any other transactions between the customer and third parties;
c) any content or links located on 42U Networks' website from time to time,
including, without limitation, content submitted by the customer for
publication by 42U Networks.
FORCE MAJEURE:
42U Networks shall not be liable to the customer or any other person, firm,
or entity for any failure of performance under these Terms if such failure is
due to any cause or causes including, but not limited to strikes, riots,
vandalism, fires, inclement weather, third-party provider outages, cable cuts,
power crisis shortages, acts of terrorism, or uncontrollable acts of God, or
other similar occurrences; any law, order, regulation, direction, action or
request of the United States government or of any other government (including
a provincial and local governmental agency, department, commission, court,
bureau, corporation or other instrumentality of any one or more of said
governments) or of any civil or military authority; national emergencies,
insurrections, riots, wars; or strikes, lockouts, or work stoppages or other
labor difficulties; failures, shortages, breaches or delays.
NONDISCLOSURE:
42U Networks and the customer shall use their best efforts to keep the
provisions (including price) of all agreements from the public, competitors,
or others who may gain benefit from such knowledge unless required by law to
divulge such information to regulatory authorities or unless required in
connection with enforcing that party's rights hereunder.
RELATIONSHIP OF THE PARTIES:
The parties intend that an independent contractor relationship will be
created by these terms and that no additional partnership, joint venture,
or employee/employer relationship is intended - unless otherwise specified
in a separate agreement.
WAIVER:
Any party's failure to insist on compliance or enforcement of any provision
of these Terms shall not affect its validity or enforceability or constitute
a waiver of future enforcement of that provision or of any other provision
of these Terms.
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14. GOVERNING LAW AND DISPUTE RESOLUTION (ARBITRATION AGREEMENT - NY)
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These Terms and any dispute or controversy arising out of or relating to
these Terms or the Services shall be governed by and construed in accordance
with the laws of the State of New York, without regard to its conflict of
law principles.
BINDING ARBITRATION:
Any controversy, dispute, claim, or question arising out of, relating to,
or resulting from this Agreement, the breach, termination, enforcement,
interpretation, or validity thereof, or the use of 42U Networks Services,
shall be resolved through final and binding arbitration administered by
the American Arbitration Association (AAA) in accordance with its Commercial
Arbitration Rules (or Consumer Arbitration Rules, if applicable).
- ARBITRATION LOCATION AND SEAT: The seat and venue of arbitration shall be
New York, New York, unless mutually agreed otherwise in writing.
- CLASS ACTION WAIVER: YOU AND 42U NETWORKS AGREE THAT EACH MAY BRING CLAIMS
AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A
PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE
PROCEEDING. Unless both you and 42U Networks agree otherwise, the arbitrator
may not consolidate more than one person's claims and may not otherwise
preside over any form of a representative or class proceeding.
- AUTHORITY AND AWARD: The arbitrator shall have the authority to grant
whatever relief would be available in court under law or in equity. The
decision and award of the arbitrator shall be final, conclusive, and binding
on both parties, and judgment on the award rendered by the arbitrator may
be entered in any court having jurisdiction thereof.
- EXCEPTIONS: Notwithstanding the foregoing, either party retains the right
to seek injunctive or other equitable relief in a state or federal court
located in New York County, New York, to prevent the actual or threatened
infringement, misappropriation, or violation of a party's copyrights,
trademarks, trade secrets, patents, or other intellectual property rights.
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15. MISCELLANEOUS LEGAL TERMS
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ATTORNEYS' FEES:
If an arbitration or legal proceeding is commenced to enforce or obtain a
declaration of rights under these Terms, the prevailing party in such proceeding
shall be entitled to recover its reasonable attorneys' fees and costs incurred
in the proceeding from the non-prevailing party, as well as any reasonable
attorneys' fees and costs that the prevailing party incurred prior to commencing
the proceeding.
DATA BACK-UP AND RECOVERY:
The customer is responsible for the independent backup of data stored on
42U Networks' servers; unless the customer has arranged for services that
include backup services, in which case data backup will be performed under
the terms of the specific data backup plan chosen by the customer. 42U Networks
shall never be held liable for failure to recover data in the event of any
sort of failure and shall never be held accountable financially or otherwise
for loss of data.
DISCLAIMER OF WARRANTIES:
SERVICES PROVIDED BY 42U NETWORKS ARE PROVIDED ON AN "AS IS, AS AVAILABLE"
BASIS. 42U NETWORKS SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY, EXPRESS OR
IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. IN NO EVENT SHALL 42U NETWORKS BE LIABLE FOR ANY CONSEQUENTIAL,
INDIRECT, SPECIAL, OR INCIDENTAL DAMAGES, EVEN IF 42U NETWORKS HAS BEEN ADVISED
BY THE CUSTOMER OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. IF 42U
NETWORKS' SERVICE TO THE CUSTOMER IS DISRUPTED OR MALFUNCTIONS FOR ANY REASON,
42U NETWORKS SHALL NOT BE RESPONSIBLE FOR ANY LOSSES OF INCOME DUE TO DISRUPTION
OF SERVICE DURING THE PERIOD OF DISRUPTION OR MALFUNCTION.
