SERVICES
This Service Agreement (“Agreement”) applies to the purchase from PARADOXWEB and its affiliates (collectively, “PARADOXWEB”) of all services (collectively, the “Services”) selected by Customer on the Service Order Form and the Domain Name Registration Form, as applicable, incorporated by reference and attached hereto, if any, except that if Customer is also ordering web site production or collocation services, Customer is also required to sign the agreements specific to those services. PARADOXWEB reserves the right to modify its network and facilities used to provide the Services for purposes including but not limited to accommodating evolving technology and increased network demand, and providing enhanced services. PARADOXWEB shall use reasonable efforts to notify Customer of any planned changes to PARADOXWEB's network or facilities that may adversely affect the Services provided hereunder. This agreement does not apply to customers, which resell PARADOXWEB services. Such resellers must sign the PARADOXWEB Reseller Agreement, which may be obtained from legal@sunhosting.net.
TERM
This Agreement shall be for the term specified by Customer on the Service Order Form or Domain Name Registration Form, as applicable (the “Initial Term”). This Agreement will be automatically renewed, at the end of the Initial Term, on a month to month basis unless either party provides thirty (30) days written notice to the other of termination of this Agreement prior to the end of the then current term. The Initial Term and all month to month extensions thereof are collectively referred to herein as the “Term” of this Agreement. Dedicated Server customers may terminate this Agreement in accordance with the Cancellation section herein.
BILLING AND PAYMENT
Fees: During the term of this Agreement, Customer shall pay the fees for the Services that are set forth on the Service Order Form and Domain Name Registration Form, as applicable. Such fees may include taxes, fees or assessments by governmental agencies and PARADOXWEB shall have the right, at any time, to pass through and invoice to Customer any new or increased taxes, fees, assessments or other charges imposed on or required to be collected by PARADOXWEB by any governmental agency. Customer shall also be responsible for paying all taxes, fees or assessments and other charges imposed on Customer by any governmental agency that may result from this Agreement, or any of the activities contemplated hereunder.
Terms Of Payment: Invoices are due and payable upon receipt. All payments shall be made in U.S. currency.
Service Continuation After Initial Term: The fees set forth in the Service Order Form or Domain Name Registration Form are guaranteed during the Initial Term of this Agreement. If Customer continues to receive the Services after the Initial Term without entering into a new agreement or agreement extension, the fees charged after the Initial Term shall be at the then standard PARADOXWEB rates for such services, without discount, determined month to month.
Service Charge: Customer will pay a late payment charge equal to 1.5% (or the highest amount permitted by law, whichever Is lower) per month or portion thereof on the outstanding balance of any invoice remaining unpaid thirty (30) days after the date upon which payment is due.
Suspension Or Interruption Of Service For Non-Payment: In the event Customer's account becomes past due, or is otherwise deemed insecure, PARADOXWEB may, in its sole discretion, suspend, interrupt or disconnect the Services. In the event of such suspension, interruption or disconnection, Customer may be required to post a deposit or such other security, as PARADOXWEB deems necessary in order to resume receiving the Services. In addition, if PARADOXWEB in its sole discretion, deems Customer to be financially insecure, PARADOXWEB may require such other action of Customer, including letters of credit, security deposit(s), restrictions on available credit or other action as PARADOXWEB may require from time to time regardless of Customer’s then-current status or payment history. Failure to satisfy PARADOXWEB's request for such action within timelines set by PARADOXWEB may result in immediate termination of service without further notice.
ACCEPTABLE USES
Customer shall at all times adhere to the PARADOXWEB Acceptable Use Policy located at http://www.PARADOXWEB.com, as amended from time to time by PARADOXWEB effective upon posting of the revised policy at the URL. Notwithstanding anything to the contrary contained herein, PARADOXWEB may immediately take corrective action, including disconnection or discontinuance of any and all Services, or terminate this Agreement in the event of notice of possible violation by Customer of the PARADOXWEB Acceptable Use Policy. In the event PARADOXWEB takes corrective action due to a violation of the PARADOXWEB Acceptable Use Policy, PARADOXWEB shall not refund to Customer any fees paid in advance of such corrective action.
CANCELLATION POLICY
Customer may terminate this Agreement by giving PARADOXWEB at least thirty (30) days prior written notice. However, Customer remains obligated to pay all amounts remaining in the Initial Term, and if PARADOXWEB has purchased equipment on behalf of Customer, including but not limited to circuit and router, Customer shall assume responsibility for payments for such equipment, until paid in full.
In order to terminate early, Customer’s primary contact person on the account should notify PARADOXWEB of such request to do so. In the case of credit card orders, all termination requests should be signed by Customer’s primary contact person on the account who must provide the last four digits of the credit card on file with PARADOXWEB. However, PARADOXWEB shall not be liable for unauthorized termination of an account.
Any termination by PARADOXWEB or Customer shall not relieve Customer of any obligations to pay fees accrued prior to such termination.
IP ADDRESS OWNERSHIP
PARADOXWEB shall maintain and control ownership of all IP numbers and addresses that may be assigned to Customer by PARADOXWEB and PARADOXWEB reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.
CACHING
Customer expressly (i) grants to PARADOXWEB a license to cache the entirety of Customer’s Web Site, including content supplied by third parties, hosted by PARADOXWEB under this Agreement and (ii) agrees that such caching is not an infringement of any of Customer intellectual property rights or any third party’s intellectual property rights.
BANDWIDTH AND/OR DISK USAGE
Customer agrees that bandwidth and/or disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Service Order Form. PARADOXWEB shall monitor the customer’s usage. If bandwidth or disk usage exceeds the agreed upon number of megabytes per month, PARADOXWEB, in its sole discretion, may assess additional standard charges, disconnect or discontinue any and all Services, or terminate this Agreement. In the event that PARADOXWEB elects to take such action, Customer shall not be entitled to a refund of any fees paid in advance of such corrective action.
EQUIPMENT
PARADOXWEB is acting only as a reseller and/or provider of any hardware, software, circuit and equipment (collectively, the “Equipment”) offered under this Agreement that was manufactured by a third party. PARADOXWEB shall not be responsible for any changes in Service(s) that cause Equipment to become obsolete, require modification or alteration, or otherwise affect the performance of the Service(s). Any malfunction or manufacturer’s defects of Equipment either sold or provided by PARADOXWEB to Customer or purchased directly by Customer used in connection with the Service(s) will not be deemed a breach of PARADOXWEB’s obligations under this Agreement. Any rights or remedies Customer may have regarding the performance or compliance of Equipment are limited to those rights extended to Customer by the manufacturer of such Equipment. Customer is entitled to use any Equipment supplied by PARADOXWEB only in connection with Customer permitted use of the Service(s). Customer shall not resell, transfer, export or re-export any Equipment, or any technical data derived therefrom, in violation of any applicable United States or foreign law.
DISCLAIMER OF WARRANTY
Customer acknowledges and agrees that PARADOXWEB exercises no control over, and accepts no responsibility for, the content of the information passing through PARADOXWEB’s host computers, network hubs and points of presence (the “PARADOXWEB Network”) or the Internet. NEITHER PARADOXWEB, ITS EMPLOYEES, AFFILIATES, AGENTS, SUPPLIERS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS NOR THE LIKE MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT FOR THE SERVICES OR ANY EQUIPMENT PARADOXWEB PROVIDES. NEITHER PARADOXWEB, ITS EMPLOYEES, AFFILIATES, AGENTS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE, WARRANT THAT THE SERVICES WILL NOT BE INTERRUPTED OR ERROR FREE; NOR DO ANY OF THEM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION SERVICES OR MERCHANDISE CONTAINED IN OR PROVIDED THROUGH THE SERVICES. PARADOXWEB IS NOT LIABLE FOR THE CONTENT OR LOSS OF ANY DATA TRANSFERRED EITHER TO OR FROM CUSTOMER OR STORED BY CUSTOMER OR ANY OF CUSTOMER’S CLIENTELE VIA THE SERVICE(S) PROVIDED BY PARADOXWEB.
INDEMNIFICATION
Customer will indemnify, save harmless, and defend PARADOXWEB and all directors, officers, employees, and agents of PARADOXWEB (collectively “indemnified parties”) from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative) and expenses (including but not limited to reasonable attorneys’ fees) arising out of or relating to the use of the Services by Customer, including any violation of the PARADOXWEB Acceptable Use Policy. Such claims shall include, but shall not be limited to, claims based upon trademark, service mark, trade name, copyright and patent infringement, trademark dilution, tortious interference with contract or prospective business relations, unfair competition, defamation or injury to reputation, or other injuries or damage to business.
LIMITATION OF LIABILITY
IN NO EVENT SHALL PARADOXWEB BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR LOSS OF PROFITS, REVENUE, DATA OR USE, SUFFERED BY CUSTOMER OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT, TORT OR STRICT LIABILITY OR OTHER LEGAL THEORY, EVEN IF PARADOXWEB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will PARADOXWEB’s liability for any damages, losses and causes of actions whether in contract or tort (including negligence or otherwise) exceed the actual dollar amount paid by Customer for the Service which gave rise to such damages, losses and causes of actions during the 12-month period prior to the date the damage or loss occurred or the cause of action arose. Some jurisdictions do not allow the exclusion or limitation of warranties or incidental or consequential damages, so that the above limitations or exclusions may not apply to Customer. In such jurisdictions, PARADOXWEB’s liability (and the liability of its affiliates, agents, content providers and service providers) shall be limited to the greatest extent permitted by applicable law.
FORCE MAJEURE
PARADOXWEB shall not be liable for failure or delay in performing its obligations hereunder if such failure or delay is due to circumstances beyond its reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Services.
INTELLECTUAL PROPERTY
Customer represents and warrants that Customer’s use of the Services shall not infringe the intellectual property or other proprietary rights of PARADOXWEB or any third party. Customer further acknowledges that all right, title and interest in any and all technology, including the software that is part of or provided with the Services and any trademarks or service marks of PARADOXWEB (collectively, “PARADOXWEB Intellectual Property”) is vested in PARADOXWEB and/or in PARADOXWEB’s licensors. Unless otherwise specifically provided in this Agreement, Customer shall have no right, title, claims or interest in or to the PARADOXWEB Intellectual Property. Customer may not copy, modify or translate the PARADOXWEB Intellectual Property or related documentation, or decompile, disassemble or reverse engineer the PARADOXWEB Intellectual Property, to use it other than in connection with the Services, or grant any other person or entity the right to do so. Unless otherwise specifically provided in this Agreement, Customer is not authorized to distribute or to authorize others to distribute the PARADOXWEB Intellectual Property in any manner without the prior written consent of PARADOXWEB; provided, however, that nothing in this sentence would preclude Customer from using the PARADOXWEB Intellectual Property as incorporated in the Services. This paragraph shall not operate to extinguish, restrict, vary, waive or affect in any manner whatsoever any right, title or interest which Customer may now have or hereafter acquires in, or in relation to, the third-party software that is part of or provided with the Services solely to the extent such third-party licensors publicly provide such rights, title or interest in the third-party software to Customer.
CONFIDENTIAL INFORMATION
Each party acknowledges that, in the course of the performance of this Agreement, it may have access to customer information and communications, including proprietary information claimed to be unique, secret, or confidential, and which constitutes the exclusive property and trade secrets of the other party ("Confidential Information"). Except as provided in PARADOXWEB’s Acceptable Use Policy (AUP), each party agrees to maintain the confidentiality of the Confidential Information and to use the Confidential Information only to the extent necessary for legitimate business uses in connection with this Agreement. Upon request of either party or on termination or expiration of this Agreement, each party shall return the Confidential Information of the other party then in its possession. Nothing in this Agreement shall prohibit or limit either party’s use of information which (a) is now, or hereafter becomes, publicly known or available through lawful means; (b) is rightfully in receiving party’s possession, as evidenced by receiving party’s records; (c) is disclosed to the receiving party without confidential or proprietary restriction by a third party who rightfully possesses and rightfully discloses the information; (d) is independently developed by the receiving party without any breach of this Agreement; (e) is the subject of a written permission to disclose provided by the disclosing party; or (f) is required by law to be disclosed.
Customer further agrees and acknowledges that PARADOXWEB may disclose Customer account information in accordance with PARADOXWEB’s AUP and Privacy Policy, located at http://www.PARADOXWEB.com, as amended from time to time by PARADOXWEB effective upon posting of the revised policy at the URL.
CUSTOMER DATA
Customer is responsible for its content residing on PARADOXWEB servers, and except as otherwise agreed with PARADOXWEB, for the backup thereof.
SELECTED SERVICES
By indicating choice of services, Customer agrees to the additional provisions within:
[ ] ACCESS
Billing for PARADOXWEB service will normally commence when the connection from the PARADOXWEB hub is completed to Customer’s site and IP packets can be passed. However, in certain circumstances, including but not limited to, Customer self-installations, billing will occur when a connection from the PARADOXWEB hub and a functioning telephone circuit is prepared to route IP packets to Customer’s site.
For Customer selecting a PARADOXWEB FLEX or MEASURED plan:
Customer may request a billing plan change at any time during the month, but billing plans will only be changed on the first day of the following calendar month.
For FLEX plans, Customer will be billed for excess usage based off the standard 95th percentile rule. PARADOXWEB will sample Customer bandwidth utilization every five (5) minutes. At the end of the month, all samples from the month will be organized from highest to lowest. The top 5% of samples are then discarded, and Customer will be billed based on the next highest reading. If it is a partial month, PARADOXWEB will bill based off the standard 95th percentile rule for the samples captured during that partial period.
For MEASURED plans, Customer will be billed for total data sent and received during a calendar month.
In the event that PARADOXWEB provides Equipment to Customer free of charge, upon the termination of this Agreement for any reason, at Customer’s election, Customer may:
purchase the Equipment at the rate of 75% of its original retail value; or
return, at Customer’s expense, the Equipment to PARADOXWEB in the same condition as furnished to Customer, excepting normal wear and tear.
If Customer does not purchase or return the Equipment within ten (10) business days of the termination of the Agreement, PARADOXWEB will invoice Customer for the Equipment at the rate of 75% of its original retail value.
[ ] DEDICATED SERVER
PARADOXWEB provides equipment used in Internet connectivity services (the “Hardware”), space in its business premises to store and operate such Hardware (“Space”) and licensing, where necessary, of the associated operating system and web server software (the “Software”), together comprising a dedicated server package.
Dedicated Server Set-Up and Updating. PARADOXWEB will initially configure the Dedicated Server for use. After the Dedicated Server is configured, the Customer will be solely responsible for all Web Server content management.
PARADOXWEB shall provide Customer with standard maintenance and support services for the Hardware and/or Software, if such services are specified in Service Order Form. Customer understands that such maintenance may require server downtime.
Exclusions. Maintenance and support services shall not include services for problems arising out of (a) tampering, modification, alteration, or addition to the Hardware or Software, which is undertaken by persons other than PARADOXWEB or its authorized representatives; or (b) hardware or software supplied by Customer.
Customer’s Duties. Customer shall document and promptly report all errors or malfunctions of the Hardware and/or Software to PARADOXWEB. Customer shall take all steps necessary to carry out procedures for the rectification of errors or malfunctions within a reasonable time after such procedures have been received from PARADOXWEB. Customer shall maintain a current archive copy of all Software and data to the extent Customer is authorized or otherwise has the right to do so. Customer shall properly train its personnel in the use of the Hardware and Software.
Substitution. PARADOXWEB reserves the right to substitute, change or modify the Hardware or Software at any time, but shall not thereby substantially alter the technical parameters of the Services.
E-Commerce. Customer will be solely responsible for the development, operation and maintenance of Customer’s web site and products and all contents and materials appearing online or on Customer’s products, including without limitation (a) the accuracy and appropriateness of content and materials appearing within the web site or related to Customer’s products, (b) ensuring that the content and materials appearing within the web site or related to Customer’s products do not violate or infringe upon the rights of any third party, and (c) ensuring that the content and materials appearing within the web site or related to Customer’s products are not libelous or otherwise illegal. Customer will be solely responsible for the final calculation and application of shipping and sales tax. Customer will also be solely responsible for accepting, processing, and filling any customer orders, and for handling any customer inquiries or complaints arising therefrom.
Customer is also responsible for the security of any customer credit card numbers and related customer information Customer may access as a result of conducting electronic commerce transactions through the web site. Customer will keep all such information confidential and will use the same degree of care and security as Customer uses with Customer’s confidential information.
[ ] DATA BACKUP AND RESTORATION
Provided Customer has paid the fees set forth in the Service Order Form, PARADOXWEB will provide Customer the following backup and data restoration services:
Backup. PARADOXWEB will backup all files and file systems designated by Customer (“Files”) by establishing a network connection from Customer’s Equipment to PARADOXWEB’s storage infrastructure. PARADOXWEB will backup the Files within a predetermined eight (8) hour window during each seven (7) day period (the “Backup Period”). PARADOXWEB’s standard plan is to provide one (1) full backup that stores the complete Files to tape, and then six (6) incremental backups that store transaction logs to tape during each Backup Period.
Retention. Files and transaction logs stored on tape (“Stored Files”) will be retained for twenty-eight (28) days, after which, PARADOXWEB may, at its option, destroy the Stored Files. Unless otherwise designated, Stored Files will be retained on PARADOXWEB’s business premises. At Customer’s option, the Stored Files will be retained at a facility of PARADOXWEB’s choice outside of the PARADOXWEB’s business premises for the fees specified on the Service Order Form.
Restoration. Restoration of Stored Files that are retained on PARADOXWEB’s business premises to Customer’s Equipment will begin within thirty (30) minutes of Customer’s request.
Availability. Customer agrees that PARADOXWEB will not be in breach of this Agreement if its failure to provide the Services is due to scheduled down-time for backup and restore utility maintenance, network and utility outages, and other force majeure events set forth in this Agreement.
Customer Permission. Customer expressly grants PARADOXWEB and PARADOXWEB’s third party service providers, for the purpose of providing the data backup and restoration services, the right to access the Customer Equipment and the right to reproduce the Files.
Disclaimer CUSTOMER AGREES AND ACKNOWLEDGES THAT THE DATA BACKUP AND RESTORATION SERVICES ARE NOT INTENDED TO BE A COMPREHENSIVE DISASTER RECOVERY SOLUTION. PARADOXWEB MAKES NO COMMITMENT UNDER THE DATA BACKUP AND RESTORATION SERVICES TO REPLACE OR REPAIR SERVERS OR OTHER EQUIPMENT.
[ ] VIRTUAL (SHARED) HOSTING
Server Set-Up and Updating. PARADOXWEB will initially configure the Server for use. After the Server is configured, the Customer will be solely responsible for all Web Server content management.
Maintenance Services. PARADOXWEB will perform maintenance services as PARADOXWEB determines reasonably necessary to maintain the continuous operation of the Server. Customer understands that such maintenance may require server downtime. PARADOXWEB will attempt to provide prior notice of the maintenance downtime, except when circumstances beyond PARADOXWEB’s control limit PARADOXWEB’s ability to do so.
Excessive CPU Usage. Customer agrees that Customer shall not use excessive amounts of CPU processing on any of PARADOXWEB’s servers. Any violation of this policy may result in corrective action by PARADOXWEB, in its sole discretion, including assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement. In the event that PARADOXWEB elects to take any corrective action, Customer shall not be entitled to a refund of any fees paid in advance prior to such corrective action. E-Commerce. Customer will be solely responsible for the development, operation and maintenance of Customer’s web site and products and all contents and materials appearing online or on Customer’s products, including without limitation (a) the accuracy and appropriateness of content and materials appearing within the web site or related to Customer’s products, (b) ensuring that the content and materials appearing within the web site or related to Customer’s products do not violate or infringe upon the rights of any third party, and (c) ensuring that the content and materials appearing within the web site or related to Customer’s products are not libelous or otherwise illegal. Customer will be solely responsible for the final calculation and application of shipping and sales tax. Customer will also be solely responsible for accepting, processing, and filling any customer orders, and for handling any customer inquiries or complaints arising therefrom.
Customer is also responsible for the security of any customer credit card numbers and related customer information Customer may access as a result of conducting electronic commerce transactions through the Software. Customer will keep all such information confidential and will use the same degree of care and security as Customer uses with Customer’s confidential information.
[ ] MANAGED SECURITY SERVICE
Customer acknowledges that Managed Security Service is an important component of a comprehensive security system, but does not guarantee network security or prevent security incidents. Managed Security Service is intended for use in conjunction with a single Internet connection to Customer’s network. Customer acknowledges that maintaining multiple Internet connections, unless protected by an Internet security firewall product or service, significantly decreases the overall level of network security. Customer acknowledges that Managed Security Service is a perimeter device and is not designed to provide any internal security protection to Customer’s network.
Customer shall appoint and maintain a Managed Security Manager and two (2) Managed Security Technical Contacts as listed from time to time on the Managed Security Contacts Schedule to be attached to this Agreement if such services are ordered. Customer may change any designation by giving seven (7) days prior written notice to PARADOXWEB.
Customer acknowledges that as part of the Managed Security Service, PARADOXWEB may change the security configuration or disconnect Customer from the Internet without notice upon the occurrence of security problems. Customer agrees not to hold PARADOXWEB liable for any such change or disconnection.
MISCELLANEOUS
GOVERNING LAW
The validity, interpretation, enforceability, and performance of this Agreement shall be governed by and construed in accordance with the laws of the city of Montreal, Canada.
ENFORCEMENT OF AGREEMENT
In the event it is necessary for PARADOXWEB to enforce its rights under this agreement, Customer agrees to pay all fees incurred by PARADOXWEB (including, but not limited to, attorney's fees and collection agency fees)
AMENDMENT OR WAIVER
Except as otherwise provided herein, this Agreement may not be amended except upon the written consent of Customer and an officer of PARADOXWEB. No failure to exercise and no delay in exercising any right, remedy, or power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, or power hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, or power provided herein or by law or in equity. The waiver by any party of the time for performance of any act or condition hereunder shall not constitute a waiver of the act or condition itself.
ASSIGNMENT AND SEVERABILITY
This Agreement shall be binding upon and inure to the benefit of Customer, PARADOXWEB and our respective successors, and assigns. Customer may not assign this Agreement without the prior written consent of PARADOXWEB, which consent will not be unreasonably withheld. If any provision of this Agreement shall be held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of this Agreement shall remain in full force and effect.
NOTICES
All notices to Customer hereunder shall be given at the Billing Address provided on the signature page hereto. All notices to PARADOXWEB hereunder shall be given to:
Legal Department
PARADOXWEB
4321 Christophe Colomb
Montreal, Qc
H2J 3G2
Canada
Fax: 1-(503)-212-8451
Any notice hereunder shall be in writing and shall be given by registered, certified or Express mail, or reliable overnight courier addressed to the addresses in this Agreement, or by facsimile. Notice shall be deemed to be given upon the earlier of actual receipt or three (3) days after it has been sent, properly addressed and with postage prepaid.
ENTIRE AGREEMENT
This Agreement, and any other document or agreements specifically identified in this Agreement, supercedes all previous representations, understandings or agreements.
ACCEPTANCE OF SERVICES
ACCEPTANCE OF THIS AGREEMENT BY PARADOXWEB MAY BE SUBJECT, IN PARADOXWEB’S ABSOLUTE DISCRETION, TO SATISFACTORY COMPLETION OF A CREDIT CHECK AND CONTINUED CREDIT WORTHINESS OF CUSTOMER. ACTIVATION OF SERVICE SHALL INDICATE PARADOXWEB’S ACCEPTANCE OF THIS AGREEMENT. USE OF THE PARADOXWEB NETWORK CONSTITUTES ACCEPTANCE OF THIS AGREEMENT. CUSTOMER REPRESENTS AND WARRANTS THAT CUSTOMER HAS FULL AUTHORITY AND RIGHT TO ENTER INTO THIS AGREEMENT. CUSTOMER FURTHER REPRESENTS AND WARRANTS THAT CUSTOMER IS AT LEAST 18 YEARS OF AGE.