Terms of Service

Please read our Terms of Service before completing your order.  Annexa provides collocation services in Rochester, NY in conjunction with a number of partners, service providers and affiliates.  Throughout this Terms of Service our, us & we refer to the collective entities, employees and affiliates involved.

Acceptable Use Policy
You agree that your server will not be used for any illegal or unethical purpose.  Acceptable use is generally limited to the legitimate interests of a business or organization.  If you have a question about your business plan, and our Acceptable Use Policy, please feel free to contact us.

Unacceptable uses
Unacceptable uses include any activity you or your customers may engage in that would be deemed illegal, unethical or infringe on the rights of others.  Reports of Spam abuse originating from your server will be cause for immediate suspension.  We will comply with requests from legal authorities in connection with any action they deem unacceptable.  You agree that any payments made prior to such a breach of these Terms of Service are nonrefundable.

Virus Like Activity
You are responsible for the normal operation of your equipment and software.  Should we be informed of virus like activity associated with your equipment, we will notify you of such activity.  Should you fail to cure any offending activity within 12 hours, we reserve the right to disconnect your equipment from our network until the offending activity is cured.

Payment
You agree to provide a valid credit card or other form of payment when you submit the Order Form.  Your account will be billed automatically each month you collocate your server with us.  Failure of your credit card, or other form of payment, will result in immediate suspension of your collocation account.  Additional fees may apply to reinstate the operation of your server following a suspension.

Availability
We make every effort to ensure the availability of your server on the internet.  Our collocation services are provided in a Class A facility with associated amenities.  However, we are in no way liable for damages of any kind, including loss of use or profit, as a result of your server being unavailable for any reason whatsoever.  Responsibility for network outages, hardware failure and power interruption are specifically disclaimed.

Shared Connection
The name of our collocation product is Unlimited Bandwidth Collocation.  By ordering any collocation plan, you understand and agree that "Unlimited Bandwidth" is not technically possible and that Unlimited Bandwidth Collocation is not a representation of unlimited connection speed.  Our network connection is shared by all customers. 

Our intention is to provide a high level of service to all of our collocation customers.  We monitor data transfer on the network to insure that servers are operating properly and have not been compromised.  We reserve the right to place limits on the speed of your connection, or to disconnect your server entirely if it has become infected or otherwise compromised.  Should your server place an excessive load on the network in normal operation, we reserve the right to limit the speed of your connection until such time as you find a new location for your equipment.

Legal Liability
We do not warrant, guarantee or make any representations whatsoever regarding the use of, or the results of the use of, our collocation facility.  If you are dissatisfied for any reason within 30 days, we will refund your first payment to us.  In no event will we be liable for damages of any kind including: loss of use, loss of profit, special, incidental or consequential damages, even if we have been informed of the possibly of such damages.  Our entire liability to you will in no event, or theory of law, exceed the cost of one month's collocation.

You assume the entire risk as to the results and performance the information you and your customers serve on the internet, including any legal liability that may arise out of its publication on the internet.  Should the information you, or your customers; serve, publish or otherwise make available on the internet, prove to be incorrect or an infringement of any legal right, you assume the entire cost of correction and or defense of any legal action brought against you, your customer and or us as a result.

Severability
A determination by a court of competent jurisdiction that any provision of our Terms of Service is invalid, or otherwise unenforceable, shall not invalidate any other provision.  Any and all remaining provisions shall be enforced in accordance with their terms.

Authority
By submitting the order form or otherwise making use of our services, you affirm that you have the authority and are of legal age to enter into a binding contract and agree to the terms and conditions expressed above.

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