Terms of BioInfoRx BxAF Hosting Services

BioInfoRx BxAF Hosting's primary objective is to value and support our subscribers wherever, whenever and however possible. Our management and staff will provide the highest level of attention and dedication to all of our subscribers.

In pursuit of our primary objective, BioInfoRx BxAF Hosting (hereafter referred to as BioInfoRx Hosting) agrees to deliver the agreed upon services, as declared in this document (Terms of BioInfoRx BxAF Hosting Services, hereafter referred to as TBBHS), to our customers at the time of purchase.

In addition, the use of BioInfoRx Hosting's service(s) by a subscriber constitutes an unconditional acceptance of and agreement to TBBHS. BioInfoRx Hosting reserves the right to change or modify the TBBHS at any time without notice.

Our regular price quote is: $9 per month for a single user account, $29 per month for a group with 2-9 members, $45 per month for a group with 10-19 members, or $69 per month for a group with 20-40 members. Groups with more members should inquire for price quote. Yearly contract and pre-payment are required. If you have already obtained a special price quote, then that price quote will overwrite the regular price quote.

I. 100% Money-Back Guarantees - 30-Day Money Back Guarantee
BioInfoRx Hosting proudly offers its subscribers a "30-Day Money Back Guarantee.” This guarantee allows subscriber to purchase BioInfoRx Hosting services with full confidence and zero-risk. Consequently, subscribers may request a full refund within 30 days of initial sign-up and be refunded all fees paid to-date. Terminated accounts are not eligible for this guarantee if the termination occurred due to a violation of this TBBHS.

This guarantee can be requested at anytime within the 30 days of the commencement of service if subscriber is not satisfied with BioInfoRx Hosting services. If the 30-day service of the subscription has been exceeded, subscriber is not eligible for this guarantee. A request for this guarantee must be submitted via BioInfoRx Hosting’s “Contact Us”. A confirmation e-mail will be sent upon receiving the request. Please keep this confirmation e-mail as approval of your request. If requesting a refund, we ask that subscriber briefly explains the reasons for doing so, as well as any suggestions on how BioInfoRx Hosting could improve its services.

II. Price-Freeze Guarantee
BioInfoRx Hosting proudly offers its subscribers a "Price-Freeze Guarantee." This guarantee allows subscriber to use BioInfoRx Hosting services with full confidence and zero-risk. BioInfoRx Hosting guarantees that it will never increase yearly fees for existing subscribers.

Subscriber is aware that BioInfoRx Hosting may proactively change the specified rates and charges from time to time, with any new rate or changed pricing be exclusively effective for new subscribers or service plan changes. Subscriber is aware that rates and offers can change upon service plan modification or new account subscription and may or may not be available for purchase at any time in the future. However, existing subscriptions will establish a price-lock for their service plan upon sign-up and will not be affected by changed pricing or offers.

III. 99% Uptime Guarantee
BioInfoRx Hosting guarantees that the server will be up and running at least 99% of the time during any 12-month period. However, it does not cover any areas where BioInfoRx Hosting has no direct influence, such as service failure on Internet Serice Provider side, fibre-optic main line cuts, DNS or Registrar issues with subscriber’s domain name, routing issues between subscriber location and BioInfoRx Hosting data center. The uptime guarantee is also not applicable if the service interruption was caused by external issues such as Wars, hackers, computer viruses, or any other natural or unnatural events that BioInfoRx Hosting cannot directly influence.

IV. Prohibition of Adult Content
Subscribers of BioInfoRx Hosting services are prohibited from storing or posting adult content, or links to adult content, through the subscribed service. All material of pornographic nature is considered adult content.

V. "Fair-Use" Resource Assignment
BioInfoRx Hosting has limited overall disk space and database records. Currently, BioInfoRx Hosting limit the usage of system for subscribers (BxAF group-based) to 10,000 records in product and vendor tables (e.g. 10,000 entries of products, 10,000 entries of vendors). The maximum number of group members is 10. However, this policy does not apply to subscribers who are paid customers and have obtained special permission. Subscribers who are found to use large amount of disk space due to extremely large number of database records are subject to warning, suspension or cancellation at the sole discretion of BioInfoRx Hosting. If a "Fair-Use" breach occurs, BioInfoRx Hosting may have to remove database records from the subscriber's account in order to restore full serviceability to other subscribers affected by the breach. In any case, the subscriber will be notified of any actions that BioInfoRx Hosting may have to take.

VI. SPAM and Unsolicited Commercial Email (UCE)
BioInfoRx Hosting takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM through our network and services. Customers of BioInfoRx Hosting may not use, or permit others to use, our system to partake in UCE distribution.

Upon notification of an alleged violation of our SPAM policy, BioInfoRx Hosting will initiate an immediate investigation. During the investigation, BioInfoRx Hosting may restrict customer access to the network to prevent further violations. Subscriber will thereafter be advised of the situation. If a subscriber is found to be in violation of this TBBHS, BioInfoRx Hosting may, at its sole discretion, unilaterally restrict, suspend or terminate the violating customer's account. Further, BioInfoRx Hosting reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. BioInfoRx Hosting will notify law enforcement officials if the violation is believed to be a criminal offense.

VII. Payment
Establishment of this service is dependent upon receipt of payment of stated charges by BioInfoRx Hosting. Subsequent payments are due on the anniversary date of the month for that month's service or whichever is the selected billing cycle.

VIII. Failure to Pay
BioInfoRx Hosting may temporarily deny or terminate service upon the failure of the subscriber to pay the charges when due. Such termination or denial will not relieve the subscriber of responsibility for the payment of all accrued charges and any collection fees.

IX. Account Cancellation
A subscriber may cancel his account at any time sending us an e-mail. A confirmation e-mail will be sent upon receiving the cancellation request. This confirmation e-mail must be kept in a safe place; when confusion occurs, this confirmation e-mail may be requested as evidence of the submitted cancellation request. If requesting a cancellation, we ask that subscriber briefly explains the reasons for doing so, as well as any suggestions on how BioInfoRx Hosting could improve service. The cancellation will take effect immediately and the subscriber’s account will remain active until the end of the subscription. Account resumption is possible after requests.

X. Subscriber Acknowledgement
Subscriber acknowledges that the service provided is of such a nature that the service can be interrupted for many reasons other than the negligence of BioInfoRx Hosting and that damages resulting from any interruption of service are impossible to ascertain. Therefore, subscriber agrees that BioInfoRx Hosting shall not be liable for any damages arising from such causes beyond the direct and exclusive control of BioInfoRx Hosting. Subscriber further acknowledges that the BioInfoRx Hosting’s liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall BioInfoRx Hosting be liable for any special or consequential damages, loss or injury.

XI. Beta Testing Modules
BioInfoRx Hosting may provide beta testing modules on the same server for subscribers to preview and test the newly developed tools. However, there will be no technical support for such modules. Also, all data related directly to such modules will be temporary and subject to removal from time to time without pre-notice to subscribers.

XII. Support Boundaries
For subscribers using BxAF for free, BioInfoRx Hosting does not provide any types of support. For paid customers, BioInfoRx Hosting provides technical support through e-mails. We limit our technical support to our area of expertise and topics directly related to our services.

XIII. System Security
Subscribers or any network users are prohibited from violating or attempting to violate the security of BioInfoRx Hosting’s systems and any of the components there in. Violations of system security may result in civil or criminal liability. BioInfoRx Hosting will investigate occurrences which may involve such violations and may involve and cooperate with law enforcement authorities in prosecuting subscribers who are involved in such violations. These violations include, but are not limited to:

1. Accessing data not intended for such subscriber or logging into an account, which such subscriber is not authorized to access.
2. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
3. Taking any action in order to obtain services to which subscriber is not entitled.

XIV. Notification of Violation
BioInfoRx Hosting is under no obligation or duty to constantly view each subscriber's activities to determine if a violation of this TBBHS has occurred. Accordingly, we do not assume any responsibility through our TBBHS to monitor or police Internet-related activities. BioInfoRx Hosting will only investigate suspicious activities if they are deemed to violate this agreement or to harm any part of the services, network or other subscribers. If a subscriber is found to be in violation, the following steps are taken:

1. First violation: Any Subscriber, which BioInfoRx Hosting determines to have violated any element of this TBBHS shall receive an email warning them of the violation. Subscriber’s service is subject to a temporary suspension at BioInfoRx Hosting's discretion pending a subscriber's agreement in writing to refrain from any further violations.
2. Second violation: Subscribers, whom BioInfoRx Hosting determines to have committed a second violation of any element of this TBBHS shall be subject to immediate suspension or termination of service without further notice.

XV. Suspension of Service or Cancellation
BioInfoRx Hosting reserves the right to suspend account access to any subscriber if in the judgment of BioInfoRx Hosting, the subscriber‘s account is the source or target of a violation of any of the terms of the TBBHS, or for any other reason which BioInfoRx Hosting deems necessary.

If inappropriate activity is detected, all accounts of the subscriber in question will be deactivated until our investigation is complete. Prior notification to the subscriber is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The subscriber may not be credited for the time the subscriber’s machines were suspended if the subscriber is found to be at fault.

XVI. Miscellaneous Provisions
Subscriber must provide BioInfoRx Hosting real and current contact information at all times. E-mail address, telephone and fax contacts are used, and in that order of preference.

XVII. Disclosure to Law Enforcement
The TBBHS specifically prohibits the use of our service for illegal activities. Therefore, subscriber agrees that BioInfoRx Hosting may disclose any and all subscriber information including account history, account use, etc. to any law enforcement agency that requests such information, provided they posses the proper court-approved warrant, without consent or notification to the subscriber.

XVIII. Indemnification
Each party (the “Indemnifying Party”) hereby indemnifies the other party (the “Indemnified Party”), its officers, directors, employees and agents, and agrees to defend and hold them harmless from and against any and all liability, damage, loss or expense (including reasonable attorneys fees) arising from any claim, demand, action or proceeding based upon the alleged breach or untruthfulness of any of the Indemnifying Party’s representations or warranties, or incurred in the settlement or avoidance of any such claim, provided, however, that the Indemnified Party shall give prompt notice to the Indemnifying Party of the assertion of any such claims and provided further that Indemnifying Party shall have the right to select counsel and control the defense thereof, subject to right of the Indemnified Party to participate therein.

XIX. Severability
If any provision of this TBBHS shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this TBBHS is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

XX. Applicable Law
This TBBHS is subject to the governing laws of the State of Wisconsin. Courts of competent jurisdiction in Madison, Wisconsin shall hear and decide any disputes.