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Terms and Conditions

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1. Term and Payment for Services
2. Use of Services
3. Enforcement
4. Intellectual Property Rights
5. Warranty; Warranty Disclaimer
6. Limitation and Exclusion of Liability
7. Indemnification
8. Miscellaneous

NeironVPS. ("NeironVPS") is on the leading edge for providing comprehensive web hosting solutions that are custom tailored to meet the needs of any small or large business. The purpose of this Services Agreement ("agreement") is to provide you with all of the terms and conditions surrounding the use and purchase of all of the services which are provided by NeironVPS and those of its affiliates (the "services").

In order to use the services provided by NeironVPS and its affiliates, you must fully accept the terms and conditions of this agreement.

NOTWITHSTANDING, IF YOU CHOOSE TO USE THESE SERVICES, YOU ARE THEREBY ACKNOWLEDGING THAT YOU HAVE READ TO AND AGREED WITH ALL OF THE TERMS AND CONDITIONS THAT ARE CONTAINED HEREIN. YOU ALSO AGREE THAT YOU WILL BE BOUND BY THESE SAID TERMS AND CONDITIONS AS WELL AS WITH ALL OF THE ACCEPTABLE USE POLICIES WHICH ARE INCORPORATED BY REFERENCE.

NeironVPS reserves the right to make any changes or modifications to any of the terms and conditions listed within this agreement. We also reserve the right to modify any addendum's, policies, or guidelines that have been incorporated by reference at any time, and at our sole discretion. We also reserve the right to make a determination on when and whether the changes that we make will apply to any of our existing customers, as well as those customers who choose to use our services in the future. It must be noted that any changes or modifications that we make will become effective as soon as we post the changes on the NeironVPS website (the "Site"). If you continue to make use of the services after the changes have been posted on the Site, then you will in essence be saying that you have agreed to the modifications and changes.

 

1. Term and Payment for Services

1.1 Term: when you register for services with this Site, you'll be presented with an option to select the amount of time you wish to purchase the services for. This agreement is for the selected "Initial Term"
which you the user opted for. This "initial term" begins as soon as the user has made payment, and has begun using the services. In order to keep the services up and running, this agreement will be automatically renewed (the "Renewal Term") when the "initial term" ends. The renewal term will be for the same amount of time as the initial term unless you decide to terminate your services with the Site. If you wish to cancel your services, you must provide NeironVPS with a notice of termination five (5) days before your initial term, or your renewal term ends. In order to send this notification to NeironVPS, all you have to do is click the "cancel service" button that you will find on the Site, or by other means stated within this agreement. After you click on the "Cancel Service" button, you'll be required to provide NeironVPS with a sufficient amount of information that will allow them to properly verify your identity and your account. When a notice of termination is received by NeironVPS, it will become effective five (5) days after. After NeironVPS receives payment from a customer for the services offered, the customer is completely entitled to the services, and NeironVPS will do everything within its power to provide those services to the best of their ability.

1.2. Termination Policy: NeironVPS reserves the right to cancel the services provided to a customer at any time and at their discretion. In order for a customer to terminate their account, the request must be submitted to NeironVPS via the process described in section 1.1. This agreement may be terminated by NeironVPS at any time, and for any reason by providing the client with a written notice of our decision to cancel the agreement five (5) days before the cancellation takes effect.

1.3. Default and Cure: in the event that either party fails to deliver on its material duties or obligations that are specified in this agreement, including failing to provide any payments that are due under this agreement, if that material duty or obligation is not remedied within five (5) following the receipt of written notice specifying the default, then the party who is not at fault may terminate the agreement after providing a written notice to the party who is in default.

1.4 Charges: the client fully agrees to pay any charges that are attributable to the use of services at the current price listed for NeironVPS. None of these costs will include taxes, so the client is responsible for paying all of their own federal, state, local sales tax, value-added, excise, use, duty, and any other tax that may be assessed for the use of the services, other than those taxes that have to do with the net income for NeironVPS itself.

1.5. Payment: before an account will be activated, the account must be paid in full. NeironVPS works on a 30 day billing cycle, so payment is due 30 days after the initial payment date, and 30 days consecutively thereafter. A reminder for the payment will be sent to the customer 10 days before the payment is due. If the customer fails to make payment, the account will be terminated, and in order to reactivate the account, a five dollar service charge will be assessed. If the customer wishes to pay by money order, it must be received on time, WITHOUT EXCEPTION. All charges for any of the services offered by NeironVPS must be paid in advance according to the current prices for those services. When the customer accepts the terms of this agreement, they can either select to pay for the services by using a credit card, or their debit card, or they can opt to receive an invoice so that they can submit the payment for the services. By selecting the option of paying for the Services via credit or debit card, you are thereby authorizing NeironVPS to submit charges to your credit or debit card for the purpose of covering any charges that are due on your account. It is the responsibility of the customer to provide NeironVPS with any changes that may occur to the selected payment method, (including, but not limited to the account numbers, expired accounts, or canceled accounts), a billing address, or any other information that might prevent NeironVPS from charging the account. If the client makes the choice to have NeironVPS send them an invoiced statement when they register for the Services, NeironVPS will provide the invoice for the services that are applicable for the period of time for which they have registered for the services. The client agrees to make payment to NeironVPS for the amount which is indicated on the invoice by the due date that is stated on the invoice. If the client fails to submit any of the fees, taxes, or late charges that are applicable by the stated due date, whether it be by invoice, or by credit or debit card payment, the account will be terminated.

1.6. Refund Policy: NeironVPS offers a thirty(30 )day trial for all of our packages. If the customer is not satisfied with the services of NeironVPS during these first thirty (30) days, they have the right to cancel their services and request that a refund be given. If the customer exceeds the thirty (30) day trial period however, the customer is not entitled to any refund, and they will continue to be billed until they request a cancellation of their account. This refund policy is only applicable to NeironVPS hosting services.

2. Use of Services

2.1. Applicable Use Policy: The NeironVPS Acceptable Use Policy (the "Usage Policy") is set forth to govern the general policies and procedures for making use of our services. This Usage Policy is going to be posted on the NeironVPS website (or any other location that may be specified by NeironVPS), and may occasionally be updated.
IT IS IMPORTANT THAT YOU CAREFULLY READ THROUGH THE USAGE POLICY AS SET FORTH BY NEIRONVPS. BY PROCEEDING FORWARD AND MAKING USE OF THE SERVICES PROVIDED BY NEIRONVPS, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THE USAGE POLICY AND ANY MODIFICATIONS THAT MAY BE SET FORTH. IF ANY CLIENT IS FOUND TO BE IN VIOLATION OF ANY OF OUR USAGE POLICIES, NEIRONVPS RESERVES THE RIGHT TO TERMINATE THAT ACCOUNT.

2.2. Material and Product Requirements: unless NeironVPS has made provisions with the customer in a separate agreement, the client must ensure that any material or data that they place on the NeironVPS servers is in a "server ready" condition. What we mean by that, is that the uploaded material must not require any additional manipulation by the NeironVPS staff to make it operational. It is not the responsibility of, nor will NeironVPS make any efforts to validate any of the information or content for either its usability, or its correctness. If the material that you provide is not "server ready", NeironVPS reserves the right at any time to not accept that material. If the material that you have provided NeironVPS is refused, you will be notified of this refusal, and you'll be provided with the opportunity to amend or modify the material so that it satisfies the needs, or the requirements of NeironVPS. In order to make use of the Services, the client needs to have a certain level of knowledge in regards to different Internet languages, protocols, and software. The level of this required knowledge is all going to depend on what the client plans on using the server for, and the content that the client desires their website to contain. It is necessary for the client to have the knowledge of how to develop and maintain their own website. It is not the responsibility of NeironVPS to supply our clients with the knowledge on how to do this, or provide customer service that is outside of the services which were agreed upon by the client and NeironVPS.

2.3. Bandwidth and Storage Usage: the client must agree that the use of the services provided under this agreement are not going to exceed the bandwidth of the storage usage limits that are set forth. If the client makes use of additional bandwidth or storage space above and beyond the agreed upon megabytes per month, the client agrees to submit payment for any additional charges accrued.

2.4. Content: the services that are provided by NeironVPS are meant to be used for lawful purposes only. All clients are prohibited from transmitting, storing, or presenting any information, data, or material that violates any of the United States federal, state, or local laws. This includes, but is not limited to: material that is copyrighted, material that is deemed by us to be threatening or obscene, material that puts the security of our nation in jeopardy, or material that is protected by trade secrets, or other laws. In addition, the client agrees to hold NeironVPS harmless, and to indemnify NeironVPS if any claims result from their use of NeironVPS services which result in damages to them or any other party.

Some examples of the prohibited content or links that we are talking about include, but are not limited to:

• IRC and IRC related software
• software that is pirated
• hacking sites, programs, or archives
• Warez,Warez linking, and nulled scripts sites
• any website that distributes music files or any other material that is copyrighted for which the owner of the account does not hold copyright.

3. Enforcement

3.1 Investigation of Violations: if at any time a violation of this agreement is reported to NeironVPS, we may do an investigation to determine the validity of these allegations or complaints. If these complaints or reports are found to be valid, NeironVPS reserves right to take any action that is deemed appropriate and reasonable under the circumstances in order to protect its facilities, systems, customers, and/or any third party involved. It needs to be noted that NeironVPS will never attempt to access, or review any contents of an e-mail, or any other stored electronic communications, except when it is required or permitted by applicable law, or process of litigation.

3.2 Actions: NeironVPS reserves the right at its sole discretion to either restrict or remove any content that is found to violate this, or any related policies or guidelines from its servers. This also goes for any other type of objectionable content, content that potentially infringes on a third parties rights, or that may be in violation of the law. If NeironVPS becomes aware of a potential policy violation by a client in regards to this agreement, any other related policy or guideline, or is found to be in violation of any third parties rights, or laws, it is the policy of NeironVPS to take immediate corrective action. These actions could include, but may not be limited to, (a) providing the client with a warning, (b) suspending or terminating their Service, (c) placing restrictions, or prohibiting any and all use of the content which is hosted on the NeironVPS system, and/or (d) disabling or removing any hyperlinks which point to third-party websites, or to any of the content which has been distributed, or that has been made available for distribution via the Services, or other content which is not supplied by NeironVPS which, in the sole discretion of NeironVPS, may violate or infringe on any laws or third-party rights, or which might otherwise expos, or potentially expose NeironVPS to any civil or criminal liability or public ridicule.

3.3. Disclosure Rights: in order to fully comply with any and all applicable laws and lawful government requests, to adequately protect the systems and customers of NeironVPS, and to ensure the integrity and operation of NeironVPS and its systems, it is the policy of NeironVPS to access or disclose any information which it considers to be necessary or appropriate, including, but not limited to, information on user profiles (i.e. name, e-mail address, etc.), IP addresses, and information on traffic, usage history, and any content that resides on NeironVPS servers and systems. NeironVPS also reserve the right to report any activity that it suspects to violate any laws or regulations to the appropriate law enforcement officials, regulators, or other third parties that may be appropriate.

 

4. Intellectual Property Rights

4.1. Your License Grant NeironVPS: by accepting the terms and proceeding forward, you hereby are granting NeironVPS a nonexclusive, worldwide, and royalty-free license for the initial term of your contract, and any renewal terms, to use your content as deemed necessary for the purposes of rendering and operating the Services to you under this agreement. You are expressly providing NeironVPS (a) a license to cache the materials which are distributed, or made available for distribution through our Services, including any content that is supplied by third parties, and (b) are coming into agreement that the caching of this material is not an infringing on any of your intellectual property rights, or any of the intellectual property rights of any third party.

4.2. NeironVPS Materials and Intellectual Property: any and all of the materials, including, but not limited to any computer software, whether it is in object code or source code, data or information which has been developed or provided by NeironVPS or its suppliers or agents pursuant to this agreement, along with any know-how, methodologies, equipment, or processes which are used by NeironVPS to provide you with the Services, including, without limitation, all copyrights, patents, trademarks, trade secrets, as well as any other proprietary rights are, and will continue to remain the sole and exclusive property of NeironVPS or its suppliers. This includes, but is not limited to, any developed software programs, inventions, products and/or technology innovations, along with any utilize methodologies that have been developed or disclosed by NeironVPS throughout the term of this agreement.

Clients are not authorized to copy, reverse engineer, decompile, or create any sort of derivative work which is based on any such software that is not provided for within this Agreement. If a client is found to be in violation of any patent rights, copyright, or in violation of any rights in regarded to trade secrets that are caused or encouraged by failing to comply with any of the terms within this agreement, the client may be held legally responsible.

4.3. Trademarks: by accepting the terms of this agreement, you are hereby granting NeironVPS a limited right to make use of your trademarks, if you have any, for the purpose of allowing NeironVPS to fulfill all of its duties under this Agreement. This is by no means a license to use your trademark, and we are not claiming any other rights relating to any trademarks through this agreement. To be specific, the rights provided to NeironVPS by this Agreement do not include any right to sublicense the use of any of your trademarks, or to make use of your trademarks with any other product or service which is outside of the range of the Services that we provide under this Agreement. These limited trademark rights are only valid as long as the Agreement is active, and as soon as it is terminated, these rights will also terminate.

5. Warranty Disclaimer

5.1. Customer and/or Third-Party Acts: NeironVPS will not be held responsible for any form of services that do not conform to our servers to the extent that it is caused by you, or any of your customers. Additionally, NeironVPS will not be held responsible for any loss or corruption of data, or for the inability to send or receive data for reasons that are outside of the control of NeironVPS.

5.2. No Express or Implied Warranty: BY ACCEPTING THE TERMS OF THIS AGREEMENT, YOU ARE AGREEING THAT ALL OF THE SERVICES SYSTEMS, AS WELL AS THE PRODUCTS WHICH ARE PROVIDED BY NeironVPS, ARE NOT COVERED BY ANY WARRANTY, WHETHER EXPRESSED OR IMPLIED IN ANY WAY. YOU FURTHER ACKNOWLEDGE AND COME INTO AGREEMENT THAT NEIRONVPS DOES NOT EXERCISE ANY CONTROL OVER, AND ACCEPTS ABSOLUTELY ZERO RESPONSIBILITY FOR ANY OF THE CONTENT OR INFORMATION WHICH PASSES THROUGH ITS COMPUTERS, NETWORK HUBS, OR ANY POINTS OF PRESENCE INCLUDING THE INTERNET. THE CLIENT ALSO ACKNOWLEDGES THAT NEIRONVPS PROVIDES NO WARRANTY THAT THE OPERATION OF THEIR SERVICES WILL CONTINUE UNINTERRUPTED, WILL BE FREE FROM ERRORS, OR WILL BE COMPLETELY SECURE, AND THAT NEIRONVPS DOES NOT MAKE ANY WARRANTIES REGARDING THE SECURITY OF A CLIENTS PATENTS, COPYRIGHTS, TRADE SECRETS, OR INFRINGEMENTS ON THEIR TRADEMARKS. ANY AND ALL OF THE SERVICES THAT ARE PROVIDED AND PERFORMED UNDER THIS AGREEMENT ARE TO BE DEEMED "AS IS", AND WITHOUT ANY WARRANTIES AGAINST THEIR FAILURE OR PERFORMANCE INCLUDING, WITHOUT LIMITATION, ANY FAILURE THAT ARISES BECAUSE OF A HARDWARE FAILURE OR COMMUNICATION SYSTEMS FAILURE. UNLESS IT IS EXPRESSLY STATED ELSEWHERE WITHIN THIS AGREEMENT, NEIRONVPS DOES NOT MAKE, AND HEREBY WAIVES ANY REPRESENTATIONS OR WARRANTIES WHICH MAY ARISE BY LAW, OR OTHERWISE, REGARDING OUR SERVICES, INCLUDING, WITHOUT LIMITATION, IMPLIED MERCHANTABILITY WARRANTIES, FITNESS FOR A PARTICULAR PURPOSE, OR CONDITIONS OF QUALITY, AND ANY WARRANTIES WITH RESPECT TO PATENT, COPYRIGHT, OR TRADE SECRET OR TRADEMARK INFRINGEMENT, AND THE CLIENT HEREBY WAIVES ALL RELIANCE ON ANY SUCH CLAIM.

5.3. Your Warranties and Representations to NeironVPS: By proceeding with this agreement, you warrant, represent, and come into a covenant with NeironVPS that (a) you are a minimum of eighteen (18 ) years of age, or are a duly organized and validly existing entity; (b) you are legally eligible to enter into this Agreement with NeironVPS; (c) you will only make use of our services for purposes that are lawful in nature, and are in accordance with this Agreement, and any of its applicable policies and guidelines; (d) you will meet the financial responsibilities entailed in maintaining your account; (e) you have or will acquire any and all authorization(s) which may be deemed necessary for any hypertext links to third-party websites or other content; (f) you have already verified, or will verify the accuracy of any of the materials or subject matter that you distribute or make available for distribution through our Services, including, without limitation, your content, descriptive claims, warranties, guarantees, nature of your business, and the address were you are conducting business, and (g) that your content and/or any software that you install on the server, or provide for others does not, nor will it infringe on or violate the rights of any third party (including any intellectual property rights), nor will it violate any applicable laws, regulations, or ordinances.

6. Limitation and Exclusion of Liability

6.1. Limitations:UPON ENTERING INTO THIS AGREEMENT WITH NEIRONVPS, THE USER AGREES THAT NEIRONVPS HAS NO LIABILITY IN ANY REGARDS FOR ANY TYPE OF EXEMPLARY, INCIDENTAL, PUNITIVE, SPECIAL, OR DAMAGES THAT ARE CONSEQUENTIAL IN NATURE IRREGARDLESS OF THE FACT THAT NEIRONVPS HAS BEEN PROVIDED NOTIFICATION THAT ANY OF THESE DAMAGES MIGHT OCCUR. NEIRONVPS DOES NOT ACCEPT ANY RESPONSIBILITY, NOR WILL THEY BE HELD LIABLE FOR ANY SORT OF UNAUTHORIZED ACCESS TO, DESTRUCTION OR THEFT OF, OR ALTERATION OF ANY INFORMATION WHICH HAS BEEN PROVIDED TO NEIRONVPS, OR WHICH HAS BEEN DISTRIBUTED, IRREGARDLESS OF WHETHER IT HAS BEEN DONE IN ACCORDANCE WITH ALL OF THE TERMS RELATED TO THE SERVICES THAT ARE PROVIDED BY NEIRONVPS. IF ANY LIABILITY SHOULD FALL UPON NEIRONVPS, REGARDLESS OF THE REASON, OR WHETHER IT IS IN ACCORDANCE WITH OR IS RELATED TO ANY SPECIFIC CAUSE OF ACTION, IT IS HEREBY LIMITED TO NOTHING MORE THAN THE EXACT PAYMENT THAT THE CLIENT HAS PROVIDED TO NEIRONVPS ACCORDING TO THE TERMS OF THE AGREEMENT DURING LAST 30 DAY BILLING CYCLE WHICH OCCURRED IMMEDIATELY PRIOR TO THE DATE THAT THE CLAIM WAS INSTITUTED. THE PROVISIONS OF THIS LIMITATION APPLIES TO ANY AND ALL CAUSES OF ACTION AND AGGREGATE, INCLUDING, BUT NOT BEING LIMITED TO, ANY BREACH OF CONTRACT, NEGLIGENCE, BREACH OF WARRANTY, MISREPRESENTATIONS, STRICT LIABILITY, OR ANY OTHER FORM OF TORT. THE SERVICE FEES THAT ARE SET FORTH BY NEIRONVPS UNDER THIS AGREEMENT ARE ENTIRELY BASED ON THE ALLOCATION OF RISK, AND WILL CONTINUE TO BE SO. ACCORDINGLY, BY AGREEING TO CONTINUE FORWARD WITH THEIR USE OF NEIRONVPS SERVICES, THE CLIENT HEREBY RELEASES AND HOLDS HARMLESS NEIRONVPS FROM ANY AND ALL TYPES OF OBLIGATIONS, LIABILITIES, OR ANY SORT OF CLAIM THAT IS IN EXCESS OF THE LIMITATIONS SET FORTH IN SECTION 6.1. BECAUSE THE PROVISIONS OF EXCLUSIONS OR LIMITING THE LIABILITY OF DAMAGES THAT ARE EITHER CONSEQUENTIAL OR INCIDENTAL IN NATURE ARE NOT ALLOWED BY SOME STATES, IN THOSE STATES, OUR LIABILITY IS GOING TO BE LIMITED TO THE EXTENT THAT THE LAW ALLOWS.

6.2. Interruption of Service: by entering into this agreement, you are hereby acknowledging and agreeing upon the fact that NeironVPS is not going to be liable for any sort of temporary delays, interruptions in service, or outages which may occur. In addition, you also agree that you will not hold NeironVPS liable for any delays or failures under the terms of this Agreement when these delays or failures are the result of an act of God, or some other cause that is beyond the control of NeironVPS. These would include, but are not limited to, any type of electronic, mechanical, server crash, packet loss, or failures in communications due to third-party suppliers.

6.3. Maintenance: by accepting the terms of this agreement, you the client hereby acknowledge and agree that NeironVPS reserves full rights to suspend the services temporarily in order to upgrade, repair, or maintain the network and its systems. In an effort to provide a high level of service to our customers, we will do our best to send out notifications prior to any pending maintenance schedule, but we are not committing to any sort of obligation that requires us to inform you of scheduled maintenance activities.

7. Indemnification

By proceeding with this agreement, you are accepting and verifying that you agree to defend, hold harmless, and indemnify NeironVPS, and any of its agents, lawyers, consultants, shareholders, directors, affiliates, and suppliers from any type of actual or threatened suits, demands, claims, proceedings whether they are formal or informal, fines, damages, penalties, liabilities, losses, costs or expenses of any sort, which include any attorneys fees, or court costs, which arise due to the assertion against any indemnities by any person, corporation, firm, government authority, partnership, or any other entity by reason of or relating to or arising from: (i) a violation committed by you or breach of any of our terms, conditions, warranties, or any representations of this agreement or any policy or guideline that is applicable; (ii) any inappropriate conduct, including but not limited to the client being negligent, grossly negligent, or committing willful misconduct; (iii) your use of any of these services, which includes any sort of illegal, or improper use; (iv) any legal claim that may arise from one of your former employees who received a termination notice from you due to, or as a result of any part of this agreement being executed, or as result of the performance of the services that are provided by NeironVPS; or (v) any type of claim that relates to the services or products you offer, but not limited to any sort of advertising, product liability claims, trademark infringement claims, patent, copyright, trade secrets, or any sort of nonproprietary right of a third party, including without limitation, libel, defamation, or a violation of publicity or privacy.

8. Miscellaneous

8.1 Confidentiality: by entering into this agreement, all of the parties agree that any confidential information (which is defined below) which is communicated between the two parties, is provided in strict confidence, and will only be made use of for fulfilling the terms of this agreement, and will not be used for any other means, including competing with any other party, nor will it you provided to any other party except for specific reasons that are defined in the terms of this Agreement. When speaking of "confidential information", we are talking about any and all information within any form, that includes without limitation, any type of verbal or written communications or information that is stored or printed, either optically, or via electromagnetic format, that has anything to do with the Services; any sort of data processing, computer, or any electronic commerce programs or software; any form of electronic applications for the purpose of data processing, subroutines, routines, systems, or techniques; any information that makes use of information that is proprietary in nature on the part of either party; any information that relates to financial or business affairs, the pricing of products, conditioned strategies regarding finance, either parties technical systems, or marketing ventures; any sort of information that has to do with vendors or customers of either of the parties; or that has to do with the exchange of data between either of the parties in relations to their vendors or customers.

It's important to note that there are some exceptions to information that is confidential in nature which include (1) any sort of information which resides in the public domain; (2) any sort of information that has been garnered independently by either one of the parties without referencing the information which was disclosed within this Agreement; or (3) any information that is received from a third party that doesn't have any restrictions and/or does not go against this or any other Agreement that is similar in nature. This Agreement does not bar the release of confidential information that is in compliance with any sort of legal, regulatory requirement, or accounting matter which is beyond the control of either one of the parties. It must be noted that if such a case does arise, before the information can be disclosed, the party who is disclosing the information needs to provide written notice to the other party so that the other party will have a chance to present a challenge against the disclosure of their information. If there is a subpoena that is provided to either party, the party receiving the subpoena needs to provide written notice to the other party so that they have a chance to challenge the release of their confidential information. If and when this agreement is terminated, and upon the written notification from either party, both parties shall promptly return any of the confidential information to the other party that may have been provided during the Agreement. This provision of the agreement shall stand for up to two (2) years after this agreement has been terminated.

8.2 Notices: upon acceptance of this Agreement, any sort of request, report, notice, or any other form of communication which has to do with this Agreement shall be provided in writing, and shall also be delivered by hand via either fax, e-mail, overnight courier service, and upon receipt it shall be deemed duly given.

8.3 Choice of Law and Forum: UPON ACCEPTANCE OF THIS AGREEMENT, THE CLIENT AGREES THAT ALL PARTS OF THIS AGREEMENT ARE GOING TO BE GOVERNED BY THE LAWS WITHIN THE UNITED STATES, AND THE STATE OF TEXAS, WITHOUT REFERENCE TO ANY OF THE RULES GOVERNING CHOICE OF LAWS. ANY SORT OF ACTION THAT IS TAKEN IN REGARDS TO THIS AGREEMENT MUST BE BROUGHT TO THE ATTENTION OF THE FEDERAL OR STATE COURTS LOCATED IN THE STATE OF CALIFORNIA, AND THE CLIENT GRANTS IRREVOCABLE CONSENT TO ALLOW THE CASE TO FALL UNDER THE JURISDICTION OF THESE COURTS.

8.4. Entire Agreement: every part of this agreement, including the guidelines and policies that are incorporated through any reference constitutes the entire agreement of both of the parties and shall not be modified or altered through any sort of oral agreement, but only through an agreement that is provided in writing, and that is signed by both parties.

 

8.5. No Fiduciary Relationship: NeironVPS does not have a policy set forth for third-party beneficiaries, and is not the agent, trustee, fiduciary, nor any other sort of personal representative for you. There is nothing in this agreement that is expressed, mentioned, or implied which is intended, or which is to be construed in a way that would provide any other person or parties with any legal rights, claims, or remedies in any way shape or form with respect to this agreement. The only parties that this Agreement makes provisions, warranties, representations, or conditions for are those parties involved.

8.6. Assignments: upon acceptance of this Agreement, you agree that you are not able to assign or transfer any of the rights, duties, or any of the obligations that are set forth in this Agreement without prior written consent from NeironVPS. It also must be noted that NeironVPS retains the right to assign any of its rights and obligations within this Agreement, and may make use of any affiliates, and/or any agents in order to successfully perform any and all of its duties, and for the purpose of exercising its rights that are set forth in this Agreement, without seeking the clients consent. In subjection to that restriction, this agreement is going to be binding on, inure to the benefit of, and will also be enforceable against any of the parties and any potential assignees or successors.

8.7. No Waiver: if at any point NeironVPS fails to strictly enforce any portion of this Agreement, it is not going to provide the client with a waiver of the right of NeironVPS to subsequently strictly enforce these provisions, or any other provision which is set forth in this Agreement.

8.8. Severability: if at any point in time any of the provisions within this agreement are found to be illegal, invalid, void, or have somehow become non-enforceable whether it is simply in part, or in whole, that specified provision shall removed, or shall be fully enforced to the extent that is legally allowed, and any of the remaining provisions within the agreement shall continue to be enforced and will remain in effect. If at any point in time any portion of this agreement is deemed invalid, unenforceable, or avoid, only when it comes to a specific application, the provision is still going to remain in effect for all of the applications that it is applicable for.

8.9 Survival: any of the provisions that are set forth in this agreement that relate to any type of warranty, intellectual property rights, exclusion or limitation to any liability, your obligations for indemnification, and any sort of payment obligation is going to stay in effect after the expiration or termination of this Agreement.

8.10. Modification: upon acceptance of this agreement, the client accepts and understands that NeironVPS reserves the sole rights to add, modify, or delete any of the provisions within its terms and conditions, or its acceptable usage policy at any time, without any type of written notice to the client.