Terms of Service

By creating an account, you agree to our Terms of Service

This Terms of Service Agreement (“TOS Agreement”) constitutes a valid, binding and enforceable legal contract by and between you, the “Subscriber”, and Templore.

IMPORTANT NOTICE: *All Payments to Templore Are Non-Refundable

1. Provision of Service: Acceptance of this TOS Agreement and Acceptance of Templore’s Acceptable Use Policy:

Templore’s provision of service to Subscriber, and Subscriber’s acceptance and use of said service, constitute Subscriber’s acceptance of, and agreement to, this TOS Agreement as well as Subscriber’s acceptance of, and agreement to -- which is herewith made a part of this TOS Agreement. This TOS Agreement, constitutes the entire agreement between the parties, and supersedes any prior agreements between the parties.

2. Cancellation of Service:

Templore reserves the right to cancel this TOS Agreement and to permanently disconnect the service that Templore provides to Subscriber hereunder at anytime without further obligation. Subscriber may cancel this TOS Agreement and the service that Templore provides to Subscriber hereunder by requesting cancellation via opening a help ticket through the helpdesk at https://www.zenexlive.com at least seven (7) days prior to Subscriber’s next monthly billing date. Templore will not honor notice of cancellation by any other means of communication. Subscriber must be current on all payments and must have all account information available at the time of such request for said requested cancellation to become effective. It is Subscriber’s responsibility to separately confirm that Templore has timely received notice of requested cancellation, and Subscriber must make arrangements to pick up any server computer that it owns for removal from Templore’s facility.

3. Disconnection of Service:

Not by way of limitation of Templore’s right to, at any time for any reason, cancel this TOS Agreement and permanently disconnect the service that Templore provides to Subscriber, Templore also reserves the right to temporarily disconnect (suspend) the service that Templore provides to Subscriber (or any one of them, if Subscriber has more than one account or server):

For Subscriber’s failure to timely pay any fee or amount due to Templore, in which case Templore will first send Subscriber an email indicating that Subscriber’s account is overdue and advising Subscriber that the service that Templore provides to Subscriber may be terminated if payment is not made within 24 hours; and/or

If Templore determines, in its sole judgment, that Subscriber is in violation of this TOS Agreement, and Templore believes that Subscriber can timely and appropriately cure said violation. If, in Templore’s sole discretion, a potential violation is detected, the service (including all services on all server computers of Subscriber, if Subscriber uses more than one) that Templore provides to Subscriber may be terminated, without notice to Subscriber, until Templore’s investigation is complete, which investigation Templore shall attempt to complete within a reasonable time period.

Subscriber will not be credited, under any circumstances, for any time that the service that Templore provides to Subscriber is suspended, interrupted or terminated.

4. Templore Not Obligated To Review Activities or Notify of Violations:

Templore is under no obligation to review Subscriber's and/or any of Subscriber’s Sub-User’s (the term “Subscriber’s Sub-User” is defined below) activities to determine if a violation of this TOS Agreement (which includes Templore’s AUP) has occurred. Further, Templore does not assume any responsibility by virtue of this TOS Agreement to monitor, enforce or police Internet-related activities or to notify Subscriber of any actual or suspected violations.

5. Assignment:

Subscriber may not transfer or assign this TOS Agreement without the prior written consent of Templore. Templore may transfer and assign this TOS Agreement, the Service and all of Templore’s rights, titles and interests thereunder at any time without consent from or notice to Subscriber.

6. Waiver:

Waiver by Templore of Subscriber’s breach of any term or condition of this TOS Agreement shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other term or condition of this TOS Agreement.

7. Responsibilities:

Subscriber Shall Defend and Indemnify Templore: Subscriber shall fully defend, indemnify, pay and hold harmless Templore and its managers, members, employees, affiliates, attorneys, agents, contractors and licensors (such Templore related parties collectively referred to under this Section 10.A. as “Templore-related party”) for any Subscriber violation(s) of this TOS Agreement and for any violation(s) by a sub-subscriber of, client of, customer of, reseller of, user of, sub-user of, or similar party related to, Subscriber (collectively referred to as a “Subscriber’s Sub-User”), that results in any loss, damage, cost or expense to Templore or an Templore-related party, or in any claim made or threatened against Templore or an Templore-related party by any third-party. If Templore or an Templore-related party is sued (or if a suit is threatened against Templore or an Templore-related party) because of Subscriber's or a Subscriber’s Sub-User’s act or omission, Subscriber shall pay any and all damages awarded against Templore and any Templore-related party immediately upon such award (whether or not any appeal is available/taken), plus any and all of Templore’s and any Templore-related party’s expenses and costs (including Templore’s and any Templore-related party’s reasonable attorneys’ fees) related thereto;

Templore Not Liable: The service that Templore provides to, or is to provide to, Subscriber is provided on an “as is” and “as available” basis, and Subscriber’s use of said service is at Subscriber’s sole risk. In no case shall Templore or any of its managers, members, employees, affiliates, attorneys, agents, contractors or licensors be liable for any direct, indirect, incidental, punitive, exemplary, special or consequential damages, losses, costs or expenses, including, but not limited to, loss of profits, loss of data, loss or damage to goodwill, or loss of use of data or other intangible losses, or for any claim(s) related thereto, even if said party has been advised of the possibility of such damages, losses, costs, expenses or claims, arising from or related to:

Subscriber’s or Subscriber’s Sub-Users’ use or inability to use the service (whether from Service Faults or otherwise) that Templore provides to, or is to provide to, Subscriber;

Any destruction, damage, taking, unavailability or other loss of Subscriber’s or any Subscriber’s Sub-User’s system, server or data;
The cost to procure any substitute service;
Any unauthorized access or use of Subscriber’s account; or
Any third party conduct or other matter relating to the service;

Content Responsibility: Templore takes no responsibility or accountability for, and Subscriber is entirely responsible and accountable for, any and all Subscriber and third-party data, information and content transmitted by (via email, uploading, posting or otherwise), stored on, inputted to/through, linked to/through and/or served by, Subscriber’s server computer (or any server computer internally assigned to Subscriber) at Templore’s premises and/or using the service that Templore provides to Subscriber;

Subscriber’s Responsibility to Enforce: It is Subscriber’s responsibility to ensure that Subscriber and all of Subscriber’s Sub-Users continuously adhere to the terms and conditions contained in this TOS Agreement (including Templore’s AUP), and Subscriber is, and will be held, responsible for Subscriber’s acts and omissions and for the acts and omissions of Subscriber’s Sub-Users related thereto. It is in Subscriber’s best interest to implement a similar policy of acceptable use and compliance among Subscriber’s Sub-Users;

Subscriber’s Network / Security: Subscriber is solely responsible for ensuring that its network and the network(s) of Subscriber’s Sub-User(s) are configured in a secure manner. Subscriber is solely responsible for any intrusions into, or security breaches of, any of its server computers, networks or systems. Subscriber is solely responsible and accountable for, and Templore shall not be responsible or accountable for, any/all activities that occur on or through Subscriber’s service computers, networks and systems, including any and all acts or omissions by, or attributable to, any third party, using the service that Templore provides to Subscriber;

Subscriber’s Responsibility to Backup System/Data – Deletion of System/Data: Templore is not responsible for, and Subscriber is solely responsible for, backing up Subscriber’s system/data, including any/all system/data of any Subscriber’s Sub-User, related to Subscriber’s server computer (or any server computer internally assigned to Subscriber) at Templore’s premises and/or to the service that Templore provides to Subscriber. Any server computer owned by Subscriber on Templore’s premises or otherwise under Templore’s possession or control will be considered abandoned and forfeited thirty (30) days after cancellation of this TOS Agreement for non-payment, at which time, Templore will delete any and all Subscriber and Subscriber’s Sub-User system/data. For any server computer not owned by Subscriber but that is or may be internally assigned to Subscriber, Templore will delete any and all Subscriber and Subscriber’s Sub-User system/data immediately upon cancellation of this TOS Agreement for non-payment.;

Subscriber’s Responsibility To Insure: Templore is not responsible for, and Subscriber is solely responsible for, fully insuring Subscriber’s and Subscriber’s Sub-Users’ system/data against destruction, damage, taking, unavailability or other loss, and Templore is not responsible for, and Subscriber is solely responsible for, fully insuring any/all server computers, components and equipment owned or controlled by Subscriber against loss and damage during shipment, handling, placement and use, whether said server computer/equipment is in Templore’s possession or control or otherwise;

8. Subscriber Contact Information, Updates & ID:

Subscriber shall, at https://www.zenexlive.com, provide Templore with, and shall update Templore immediately upon any change(s) with, accurate, current and complete contact information (including email, fax, telephone and street address contacts) so that Templore may register Subscriber, charge payments to Subscriber and otherwise contact Subscriber as may be required from time to time in the course of this TOS Agreement. In addition, Subscriber agrees to provide photo identification to Templore prior to Subscriber’s preliminary visit, if any, to Templore’s data center.

9. Age/ Legal Authority:

If Subscriber is an individual, Subscriber must be eighteen (18) years of age or older in order to enter into this TOS Agreement to subscribe to the service that Templore provides to Subscriber, and Subscriber herewith assures Templore that Subscriber meets said age requirement. If Subscriber is an entity, Subscriber herewith assures Templore that it has all the legal authority necessary to enter into this TOS Agreement to subscribe to the service Templore provides to Subscriber.

10. Payment Information:

Service Rates: The nature of the service that Templore provides to Subscriber, and the rates and fees thereof, have been communicated to Subscriber by Templore. Templore may amend its rates and fees from time to time, at Templore’s discretion, by posting said change(s) on Templore’s website at https://www.zenexlive.com, which rate change shall become effective as outlined in said posting;

Payment: Templore may charge Subscriber a one-time, pre-agreed set-up fee before Templore establishes any service for Subscriber. Subscriber shall thereafter pay, on each monthly anniversary date thereafter, an ongoing service charge in advance for Templore’s continued provision of the service that Templore provides to Subscriber. Subscriber agrees that Templore may automatically charge Subscriber’s credit card each month, and may process Subscriber’s payment as early as five (5) days before the due date, to ensure that Templore receives payment on or before the due date;

Invoicing: Templore does not send out invoices automatically. If the Subscriber requires an invoice, it may write to us and get the invoice.

Refunds and Disputes: All payments made to Templore by Subscriber or on Subscriber’s behalf are nonrefundable – including the one-time set-up fee, if any, as well as any/all subsequent monthly charges (regardless of usage). Overcharges or billing disputes must be reported to Templore within thirty (14) days of occurrence, otherwise Subscriber shall have waived all claims related thereto. If Subscriber disputes a charge to its credit card issuer, which charge Templore deems, in its sole discretion, to be valid under the terms and conditions of this TOS Agreement, Subscriber shall pay Templore, in addition to said disputed charge, an Administrative Fee of not less than $50.00 and not more than $150.00;

Payment Declination/Rejection Charge: Should Subscriber’s credit card or any payment be declined or rejected for any reason, Templore may charge Subscriber a $15.00 administrative fee per occurrence;

11. Service and Support:

Support & Support Boundaries: Within Templore’s field of service and ability, Templore offers 24 hours/day x 7 days/week technical support to Subscriber, except during a few holidays and company meetings when we temporarily close our facility. Subscriber’s server computer(s) housed at Templore’s facility is(are) unmanaged, and Templore offers only that the service provided by Templore to Subscriber’s server computer(s) is online and remotely accessible. Templore does not offer technical support for application-specific issues, and Templore shall not provide technical support to Subscriber’s Sub-Users. Subscriber should contact Templore by opening a help ticket with the support desk for technical assistance at http://crm.Temploreservers.net.

Service Faults / No Templore Liability / No Warranty: Templore does not guarantee that the service that Templore provides, or is to provide, to Subscriber is or will be free from errors, omissions, corruption, attack, viruses, interference, loss, hacking, security intrusion, delays, non-delivery, wrong delivery or any other causes of interruption or damage (collectively “Service Faults”). As a reminder of, and not as a limitation of, Templore’s limitation of liability under Section 10.B. above, in no case shall Templore or any of its managers, members, employees, affiliates, attorneys, agents, contractors or licensors be liable for any direct, indirect, incidental, punitive, exemplary, special or consequential damages, losses, costs or expenses, including, but not limited to, loss of profits, loss of data, loss or damage to goodwill, or loss of use of data or other intangible losses, or for any claim(s) related thereto, even if said party has been advised of the possibility of such damages, losses, costs, expenses or claims, arising from or related to the following:

Subscriber’s or Subscriber’s Sub-Users’ use or inability to use the service (whether from Service Faults or otherwise) that Templore provides to, or is to provide to, Subscriber,
Any destruction, damage, taking, unavailability or other loss of Subscriber’s or any Subscriber’s Sub-User’s system, server or data,
The cost to procure any substitute service,
Any unauthorized access or use of Subscriber’s account or
Any third-party conduct or other matter relating to the service.

Templore AND ITS MANAGERS, MEMBERS, EMPLOYEES, AFFILIATES, ATTORNEYS, AGENTS, CONTRACTORS AND LICENSORS HEREWITH EXPRESSLY DISCLAIM ANY AND ALL EXPRESS AND IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO REQUEST OR ADVICE FROM SUBSCRIBER TO Templore, IN ANY FORM OF MEDIA, SHALL CREATE ANY WARRANTY. SUBSCRIBER IS SOLELY RESPONSIBLE FOR ANY DAMAGE TO SUBSCRIBER’S NETWORK AND SYSTEM AND FOR ANY LOSSES THAT RESULT FROM SUBSCRIBER’S USE OF, OR INABILITY TO USE, THE SERVICE THAT Templore PROVIDES, OR IS TO PROVIDE, TO SUBSCRIBER;

Facility Access: Visits to Templore’s facility must be scheduled at least twenty-four (24) hours prior to the visit. Should Subscriber need emergency access to Subscriber’s server computer, Subscriber must contact Templore technical support and request access at least fifteen (15) minutes prior to the emergency visit. Subscriber shall pay any/all related charges (such as for a security pass, property pass, time and assistance provided by Templore, etc.). and Subscriber shall submit a photo ID for Templore’s records prior to Subscriber’s initial visit to Templore’s facility. Guided tours for prospective clients (non-subscribers) are permitted, at the sole discretion of Templore, only during regular business hours, Monday-Friday, and should be scheduled at least twenty-four (24) hours in advance;

IP Address Allocation / Ownership: If Templore assigns Subscriber an Internet Protocol (“IP”) address and/or number(s) for Subscriber's use, the right to use that IP address/number shall belong solely to Templore, and Subscriber shall have no right to use that IP address/number except as permitted by Templore in its sole discretion in connection with the services provided by Templore to Subscriber during the term of this TOS Agreement. Templore shall maintain and control ownership of all IP addresses and numbers that may be assigned to Subscriber by Templore, and Templore reserves the right to change or remove any and all such IP addresses/numbers, in its sole and absolute discretion. Templore’s allocation of IP addresses/numbers is limited by the policies, as they exist from time to time, of the American Registry for Internet Numbers (“ARIN”), including policies providing that the use of IP addresses or numbers for IP-based v

12. Unauthorized Use of Account:

Subscriber shall not reveal Subscriber’s account information to anyone, Subscriber shall protect and maintain the confidentiality and security of Subscriber’s account, Subscriber shall not use anyone else’s account, and Subscriber shall immediately notify Templore of any unauthorized use of Subscriber’s account or any other breach of security. Subscriber is solely responsible and accountable for, and Templore shall not be responsible or accountable for, any/all activities that occur on or through Subscriber’s account, including any and all acts or omissions by, or attributable to, any third party, using the service that Templore provides to Subscriber.

13. SPAM / Unsolicited Commercial Email (UCE) / Unsolicited Bulk Email (UBE):

DO NOT SPAM FROM YOUR ACCOUNT. Subscriber may not use or permit others to use the service that Templore provides to Subscriber to transmit (including by email, uploading, posting or other transmission), originate, pass through or otherwise transact any SPAM, UCE and/or UBE. Violations of this policy carry, as well as possible suspension or cancellation of service, additional penalties and/or remedies, including, but not limited to:

Templore reserves the right to drop the section of any IP space involved in any SPAM/ UCE/ UBE or Denial of Service (DOS) complaints if Templore determines, in its sole discretion, that the offending activity is causing, or may cause, harm to other parties on the Internet (particularly if open relays are on Subscriber’s network or on a Subscriber's Sub-User’s network, or if DOS attacks are originating from Subscriber’s network);

IMPORTANT NOTICE: A Subscriber hosting websites or services on Subscriber’s server computer supporting spammers or resulting in any of Templore’s IP space to be listed in any of the various Spam Databases or black hole lists will have its service immediately disconnected. Such suspended service will not be reconnected until such time that Subscriber agrees to remove ANY and ALL traces of the offending material immediately upon reconnection, and agrees to allow Templore access to its server computer(s) to confirm that all material has been COMPLETELY removed.

Because Subscriber is ultimately responsible for the actions and omissions of Subscriber’s Sub-Users, it is advisable that Subscriber develop a similar policy for its Sub-Users.

14. IRC:

If Subscriber runs IRC on our standard network, Templore will disconnect the service that Templore provides to Subscriber until Subscriber agrees to be moved to Templore’s IRC network

15. Templore's Remedies Cumulative / No Waiver:

Templore’s remedies under this TOS Agreement are cumulative, and they may be exercised concurrently or separately at any time. Lack of action by Templore with respect to any remedy shall not serve as a waiver of that or any other remedy at any time

16. Templore’s Trademarks:

All trademarks, service marks, logos, product names and service names of Templore comprise the trademarks of Templore, and Subscriber shall not, and shall not allow any third party to, display or use in any manner said trademarks without Templore’s prior written permission.