Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using any services provided by TechnicalRx, LLC.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
Description of Service
TechnicalRx provides a number of services and products to its customers, which are collectively referred to in these TOS as the “Services”. Regardless of whether you pay for a Service or it is provided as part of a package or for free, any Service you request or allow to be provided by TechnicalRx is included as part of the “Services” we refer to in these TOS and the Policies. All Services are subject to each of our Policies. Services may also be provided by third parties and their terms of service or use that may contain additional or different terms will also apply to your use of their services.
Cancellation & Refunds
You may cancel your account at any time in order to make sure that your account is not renewed. You will need to contact TechnicalRx and verify information before cancellation takes place. You will be charged in full for the entire plan length in which you cancelled your account up to the renewal date. Accounts which have negative balances will be sent to collections and all services will be terminated, including domain registrations. Refunds are never available for domain registrations. Domain Names transferred to our service incur an additional year of registration and therefore are considered a domain registration.
In addition refunds are not available for additional services such as, but not limited to domain names, dedicated IP’s, SSL certificates, CDN, professional services, etc. Add-on services that are activated and are included in the hosting package will not be refundable.
Website files are the responsibility of the TechnicalRx customer and should a TechnicalRx customer decide to cancel their service it is the customer’s responsibility to make sure that they have backed up & downloaded the website files and any emails from the TechnicalRx server prior to requesting that TechnicalRx cancels their account. Once the cancellation request has been submitted to TechnicalRx a cancellation of the website hosting service may occur any time after the request is received by TechnicalRx and when a cancellation request is completed the client’s hosting account with TechnicalRx and their website files are permanently removed from the TechnicalRx servers. It is the client’s obligation to ensure that they have downloaded their website files and any emails from the server prior to their cancellation request.
AVAILABILITY OF WEBSITE/SERVICES
Subject to the terms and conditions of this Agreement and our other policies and procedures, we shall use commercially reasonable efforts to attempt to provide this Site and the Services on a twenty-four (24) hours a day, seven (7) days a week basis. You acknowledge and agree that from time to time this Site may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions; periodic maintenance, repairs or replacements that we undertake from time to time; or causes beyond our reasonable control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion, severe weather impacts, or other failures. You acknowledge and agree that we have no control over the availability of this Site or the Service on a continuous or uninterrupted basis, and that we assume no liability to you or any other party with regard thereto.
Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring basis. Client authorizes TechnicalRx to charge credit card supplied by Client if stored within our billing system. Paypal or check/money orders are also accepted if Client chooses not to store a credit card. Failure to pay subscription services within the timeframe specified in each invoice may result in immediate suspension or termination of services (see Termination above) without prior notice of subscription expiration. No re-activation fees are charged if the account is paid in full with no remaining balance.
Website backups are available upon request for accounts in good standing. Accounts not in good standing requesting backups will be charged a minimum of 1 hour billable time for backup retrieval and access to be paid prior to provision of backup access.
For a fee, TechnicalRx will perform regular automated data backups on accounts equal to or less than 5 gigabytes in total size. Accounts exceeding 5 gigabytes will not be backed up. These backups are intended for disaster recovery purposes only, and are not intended for regular customer use.
While TechnicalRx maintains the previously stated backups, this service is provided as a convenience only and Company assumes no liability as to the availability or completeness of client data backups. Data restores may be provided but are subject to additional service fees.
Upon Cancellation or Suspension for nonpayment, all data is purged from the server.
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms, including but not limited to, lack of payment, violation of copyright, and abuse of Services.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
TechnicalRx will make every effort to help you move your website to us. Transfers are provided as a courtesy service. We do not make any guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult, if not impossible, to migrate some or all account data. In some cases we may not be able to assist you in a transfer of data from an old host. In no event shall TechnicalRx be held liable for any lost or missing data or files resulting from a transfer to or from TechnicalRx.
Any and all additional requests such as a manual backup, virus or malware mitigation, email diagnostics or setup, domain or dns recovery, and other miscellaneous requests for service, additional functionality, phone and/or email support, or issue management may be charged a standard hourly rate for all billable hours.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for all content uploaded and presented online and are fully responsible for all copyrighting and content. Adult content/websites are forbidden and will result in suspension of services.
Responsibilities and Prohibited Use
The Services shall be used solely for legitimate business and commercial purposes, and you shall not use the Services for activities which, in TechnicalRx’s sole discretion, may be illegal, offensive, abusive, or in a manner that interferes with or adversely affects the Services or use of the Services (including deliberate attempts to overload a system and broadcast attacks) or that would expose TechnicalRx to criminal or civil liability. Some examples of prohibited activities follow, but this is not an exhaustive list. All TechnicalRx Clients agree not to use the Services for:
- Hacking, phishing, spamming, scamming, identity theft, fraud, forgery, deception, virus or malware distribution, network attacks, and interference with any other user’s use of the Services.
- The unauthorized access, monitoring, collection, or use of data, systems or networks.
- Transmitting, distributing or storing illegal or fraudulent information or material or information or material that will infringe or otherwise violate any privacy, intellectual property, publicity or other personal rights including, any copyright, patent, trademark, trade secret or other proprietary right.
- Engaging in offensive activities such as harassment or transmitting or distributing content that is inappropriate, obscene, defamatory, threatening, abusive, that advocates violence, or that violates a law, regulation, or public policy.
In addition, Clients must comply with all applicable laws, rules and regulations related to your use of the Services, specifically including data protection and privacy laws, as well as laws relating to unsolicited commercial electronic messages.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by TechnicalRx.
TechnicalRx has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that TechnicalRx shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
TechnicalRx servers may not be the source or intermediary involved in the transmission of Spam, Spamware and other Spam Software or misuse of SMTP. Client’s domain or IP may not be referenced as originator or intermediary in any of the above.
TechnicalRx considers Spam to be any mass unsolicited message in the mediums of newsgroups and e-mail.
The actions stated above will not be tolerated. Violation will result in the immediate deactivation of services without a refund of any kind. Furthermore, a fine of one-hundred (100) US dollars will be imposed for each spam policy violation. TechnicalRx is the sole arbiter as to what constitutes a violation of the above provisions.
TechnicalRx IP blocks may not be used for IP rotation while sending emails. TechnicalRx may, through feedback loop monitoring, block SMTP traffic on a server found to be sending email through multiple IP addresses. Failure to respond to SPAM complaints will result in a block against SMTP traffic and may result in account termination.
Client agrees that it will defend, indemnify, and hold harmless TechnicalRx from any and all demands, fines, liabilities, losses, costs, claims, and expenses, including attorney’s fees, asserted against TechnicalRx, its employees, officers, agents, and directors that may arise or result from any service provided or performed, or agreed to be performed, or any product sold by Client, its employees, officers, agents, and directors.
The Client agrees that it will defend, indemnify, and hold harmless TechnicalRx against any liabilities, including but not limited to, those arising out of (1) any injury to person or property caused by any product sold or service rendered or otherwise distributed in connection with TechnicalRx’s servers; (2) any material supplied by the Client infringing upon or allegedly infringing upon the proprietary rights of a third party; (3) copyright infringement; (4) any loss to revenue and/or business due to hosting, server, hardware, software, or network issues resulting in downtime to the client website or services; and (5) any defective products sold to the Client’s customer from TechnicalRx’s servers.
TechnicalRx assumes no liability of the Client for failure to follow this Agreement and any results caused by the acts, omissions or negligence of the Client, sub-contractor or an agent of Client or an employee of anyone to them, including, but not limited to, claims of third parties arising out of or resulting from or in connection with the Client’s products, messages, programs, caller contracts, promotions, advertising, infringement or any claim for libel or slander or violation of copyright, trademark or other intellectual property rights. Any attempt to undermine any TechnicalRx web site or a web site of another TechnicalRx Client is strictly prohibited and may result in immediate termination of services rendered by TechnicalRx without refund. TechnicalRx is the sole arbiter as to what constitutes a violation of the above provisions. A fine of two- hundred (200) USD may be implemented for intentional server abuse.
TechnicalRx will not be held responsible for any damages you or your business may suffer. TechnicalRx makes no warranties of any kind, expressed or implied, for services rendered. TechnicalRx disclaims any warranty or merchantability or fitness for a particular purpose. TechnicalRx assumes no liability for disruptions or improper operation of its equipment or software for any reason, including, but not limited to, vandalism, theft, phone service outages, Internet disruptions, hardware failure, software issues, human error, extreme or severe weather conditions or any other causes in the nature of “Acts of God” or force majeure. TechnicalRx will not be responsible for consequential damages or punitive or exemplary damages under any circumstances. In no case will Client be entitled to recover damages from TechnicalRx.
The term of this Agreement will continue until a notice of cancellation by TechnicalRx or Client is given, or until terminated under other provisions of this Agreement. TechnicalRx reserves the right to terminate this Agreement with cause upon notification to the Client. TechnicalRx may further terminate this Agreement immediately without notice at any time the Client breaches any part of this Agreement, or if any program or facility used by TechnicalRx to implement this Agreement is disrupted or terminated for any reason.
Presumption of Agreement
By signing up with TechnicalRx, be it using TechnicalRx’s online sign-up form or contacting in any way an employee, officer, agent, and director with the request for TechnicalRx to provide Client services, Client (1) authorizes TechnicalRx to take the actions necessary in order to setup Client’s account, including charging a credit card, if applicable, supplied by Client at the time of sign up; and (2) agrees to each and every provision outlined in this Agreement and shall hold to said Agreement in the court of law.
In the event Client defaults in any provision or fails to perform under this Agreement, TechnicalRx will be entitled to damages, costs, and attorney’s fees from the Client.
AUTOMATIC RENEWAL AND SUBSCRIPTION-BASED PRODUCT DETAIL
All services that you purchase are offered and purchased on automatic renewal. Except for reasons described below in this section, automatic renewal automatically renews the applicable Service upon expiration of the then-current term for a renewal period equal in time to the most recent service period (Except for domain names which may renew for the original service period). TechnicalRx will automatically renew the applicable service when it comes up for renewal and will take payment from the payment method associated with the Service(s) in your account. If you do not wish for any service to automatically renew, you may elect to cancel renewal, in which case, your Services will terminate upon expiration of the then-current term, unless you manually renew your services before that date. In other words, should you elect to cancel your product and fail to manually renew your Services before they expire, you may experience an interruption or loss of Services, and TechnicalRx shall not be liable to you or any third party regarding the same. You can cancel anytime by emailing us at email@example.com, calling 954-800-3307, or mailing TechnicalRx, 8578 NW 47th st Coral Springs, FL 33067. Services must be cancelled at least (3) three days before the automatic renewal period, or they will be cancelled after the next renewal period.
If for any reason TechnicalRx is unable to charge your Payment Method for the full amount owed, or if TechnicalRx receives notification of a chargeback, reversal, payment dispute, or is charged a penalty for any fee it previously charged to your Payment Method, you agree that TechnicalRx may pursue all available lawful remedies in order to obtain payment, including but not limited to, immediate cancellation, without notice to you, of any domain names or Services registered or renewed on your behalf. TechnicalRx also reserves the right to charge you reasonable “administrative” fees” for (i) tasks TechnicalRx may perform outside the normal scope of its Services, (ii) additional time and/or costs TechnicalRx may incur in providing its Services, and/or (iii) your noncompliance with this Agreement (as determined by TechnicalRx in its sole and absolute discretion). Typical administrative or processing fee scenarios include, but are not limited to (i) customer service issues that require additional personal time or attention; (ii) UDRP actions(s) in connection with your domain name(s) and/or disputes that require accounting or legal services, whether performed by TechnicalRx staff or by outside firms retained by TechnicalRx; (iii) recouping any and all costs and fees, including the cost of Services, incurred by TechnicalRx as the results of chargebacks or other payment disputes brought by you, your bank or Payment Method processor. These administrative fees or processing fees will be billed to the Payment Method you have on file with TechnicalRx. TechnicalRx may offer product-level pricing in various currencies. The transaction will be processed in the selected currency and the pricing displayed during the checkout process will be the actual amount submitted for payment. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges, which may be added to the final amount that appears on your bank statement or post as a separate amount. Please check with the issuer of your Payment Method for details.
Invalid or Non-enforceable Provisions
The invalidity or non-enforceability of any provision of this Agreement, as so determined by a court of competent jurisdiction, will not affect the other provisions hereof, and in any such occasion, this Agreement will be construed in all respects as if such invalid or non-enforceable provision were omitted. This agreement constitutes the entire agreement between the parties hereto.
Choice of Law / Venue
This Agreement will be construed and enforced in accordance with the laws of the State of FL and the venue for any action, dispute or proceeding with respect to this Agreement will be FL.
ARBITRATION AND CLASS ACTION WAIVER
ALL CLAIMS OR DISPUTES IN ANY WAY RELATING TO OUR RELATIONSHIP WITH YOU SHALL BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT, THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED.
The arbitration shall be conducted by the American Arbitration Association (AAA) under its then-applicable Commercial Arbitration Rules or, as appropriate, its Consumer Arbitration Rules. The AAA’s rules are available at http://www.adr.org/. The arbitrator will, among other things, have the power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of the arbitration agreement or to the arbitrability of any Claims. Payment of all filing, administration and arbitrator fees shall be governed by the AAA’s rules. The arbitration shall be conducted in the English language by a single independent and neutral arbitrator. For any hearing conducted in person as part of the arbitration, you agree that such hearing shall be conducted in Secaucus, New Jersey or, if the Consumer Arbitration Rules apply, another location reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances, as determined by the arbitrator. The decision of the arbitrator on all matters relating to the Claim shall be final and binding. Judgment on the arbitral award may be entered in any court of competent jurisdiction.
WE EACH AGREE THAT CLAIMS OR DISPUTES IN ANY WAY RELATING TO OUR RELATIONSHIP WITH YOU SHALL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE ACTION, ARBITRATION OR OTHER SIMILAR PROCESS AND EXPRESSLY WAIVE ANY RIGHT TO HAVE A CLAIM DETERMINED OR RESOLVED ON A CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE BASIS. IF FOR ANY REASON THE PROVISIONS OF THE PRECEDING SENTENCE ARE HELD TO BE INVALID OR UNENFORCEABLE IN A CASE IN WHICH CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE CLAIMS HAVE BEEN ASSERTED, THE PROVISIONS OF THIS SECTION REQUIRING BINDING ARBITRATION SHALL LIKEWISE BE UNENFORCEABLE AND NULL AND VOID. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT SUCH CLAIM SHALL BE BROUGHT ONLY IN A COURT OF COMPETENT JURISDICTION IN SECAUCUS, NEW JERSEY. YOU HEREBY SUBMIT TO THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS AND WAIVE ANY OBJECTION ON THE GROUNDS OF VENUE, FORUM NON-CONVENIENS OR ANY SIMILAR GROUNDS WITH RESPECT TO ANY SUCH CLAIM.
Notwithstanding anything to the contrary, we may each may seek injunctive relief and any other equitable remedies from any court of competent jurisdiction to protect our intellectual property rights, whether in aid of, pending or independently of the resolution of any dispute pursuant to the arbitration procedures set forth in this Section.
You may elect to opt-out (exclude yourself) from the final, binding individual arbitration procedure specified in these Terms by sending a written letter to us at the address provided above within thirty (30) days of your initial assent to these Terms (including your first purchase of any service or use of our websites) that specifies: (i) your name; (ii) your mailing address; and (iii) your request to be excluded from the final, binding individual arbitration procedure and waiver of class and representative proceedings specified in this Section. In the event that you opt-out consistent with the procedure set forth above, all other terms shall continue to apply, including the waiver of class action rights.
If we implement any material change to this Section, such change shall not apply to any Claim for which you provided written notice to us before the implementation of the change.
TechnicalRx may provide top-level domains at discounted prices with the purchase of a new webhosting package. The promotional pricing is subject to change upon the annual renewal of the purchased domain. Should the customer decide to switch hosting providers, the client agrees to pay the yearly fee listed on the TechnicalRx website for domain name registration. Please note that domains automatically renew therefore if you wish not to renew your domain we ask that you cancel it prior to its annual renewal.
All abuse complaints must be responded to no later than 48 hours after the complaint is made. Failure to reply may result in account termination. TechnicalRx reserves the right to remove files that do not adhere to our terms of service, local, state, or federal laws.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time.
If you have any questions about these Terms, please contact us.