The MixMeNow LTD (hereinafter: "MixMeNow") renders web hosting services for its users based on the following provisions.
MixMeNow provides its users with an infrastructure, which enables the user to save electronic files on internet servers. After saving the files, the user receives a download link, through which his/her file can be downloaded over the internet anywhere in the world as well as a "Delete" link, with which his/her uploaded file can be removed from the server again.
The files saved with MixMeNow are treated confidentially.
The services provided by MixMeNow are essentially free-of-charge. However, MixMeNow does offer services, which considerably increase the performance and user comfort, for a charge.
II. Free Use
At its discretion, MixMeNow shall provide its users with download capacities.It limits the maximum number of permitted downloads per day per user.
Users of the MixMeNow infrastructure do not have the option of registering.
III. Services which incur a Charge
As well as the free use described in Number II., users of the MixMeNow infrastructure also have the option of expanding their accounts with a payable package, so that they can use additional services.
MixMeNow provides information on the MixMeNow.Net website about available premium packages, the services contained within the packages, the prices and payment options and additional usage conditions of each package. MixMeNow is entitled to remove individual packages at any time, to change the services contained within the packages or to offer new packages as part of its services. Users, who have already paid for a package that is no longer available, are entitled to terminate their contract without notice within one month of receiving notification about the change and shall receive a proportionate reimbursement of the package price they have already paid.
The commercial sale of accounts with or without chargeable services together with any other products and services requires the authorisation of MixMeNow. MixMeNow reserves the right to block accounts, which are used by several persons without the authorisation of MixMeNow or which have been sold on in a commercial manner without the authorisation of MixMeNow. Any damages which arise through the forwarding of passwords or unauthorised access to accounts shall not be reimbursed by MixMeNow if the unauthorised access is not the result of a deliberate intention or gross negligence of MixMeNow or its vicarious agents.
IV. Overuse or comercial usage
MixMeNow preserves the Right to block Traffic if the patterns of utilization indicate a commercial usage and/or the traffic exceeds the general level of private usage.
Customers willing to use Traffic in an extended way or for comercial purposes are welcome to contact our Sales-Team. MixMeNow will examine the issue and submit an individual offer of service to the customer.
To acquire the chargeable services, MixMeNow provides its customers with the option of acquiring prepaid credit using Plimus.com Payment provider.
Users, who choose to pay with Plimus, are forwarded to an SSL-encoded internet site of the payment provider, through which they can make the payment using an existing Plimus account or credit card. Plimus will then return the user to the MixMeNow internet site. As soon as Plimus has confirmed the receipt of payment to MixMeNow, MixMeNow shall provide the user with his/her premium password for services.
In any instance of theft of MixMeNow, or suspicion of misuse of your account, you must report immediately to MixMeNow Support Services and ask MixMeNow to place a block on your account. In the event that a criminal act has occurred, you must further report this to the local police and provide MixMeNow with the crime reference number. You must provide such assistance as is necessary to either MixMeNow or any law enforcement agencies in any subsequent investigation. You must assist MixMeNow in order to minimize any issue in loss or damage. Refunds can be issued within two months from the loss-incurring event. Applications after this deadline won’t be refunded.
VI. Availability; Data Security
Principally, MixMeNow shall provide the functions listed in Number I. (1) 24 hours per day and seven days per week. However, this availability only has a guaranteed monthly average availability rate of 99.5%. Times, during which the server cannot be accessed via the internet due to technical or other problems, which are not within the sphere of influence of MixMeNow (third party faults, force majeure, etc.), are excluded from this.
MixMeNow shall endeavour to keep necessary maintenance works as brief as possible. MixMeNow will only temporarily restrict the access to its services if the security or functionality of network operations urgently requires this. Should such restrictions (for example, to defend against hacker attacks) be required, MixMeNow will immediately inform its users of the background to this restriction. Should it be foreseeable that downtimes for maintenance or software updates will last longer than three hours, MixMeNow will notify its users of this at least three days before carrying out the work.
MixMeNow will inform users of accounts about changes to the General Terms and Conditions before they come into effect. If the user has acquired a chargeable product and changes are made to this product which disadvantage the user, then the user shall be entitled to terminate the contractual relationship within a period of four weeks after receiving notification of the changes. If the user does not make use of his/her right to terminate the contract, then the changes shall be deemed accepted and shall become effective components of the contract. MixMeNow shall be obligated to refer the user to this rule once again when providing notification of the new General Terms and Conditions.
Should a term of the contract or a condition in the General Terms and Conditions be or become wholly or partially ineffective, then the validity of the contract or the General Terms and Conditions shall remain unaffected by this. Another condition shall be put in place of the ineffective condition, which comes closest to the purpose of this condition in a legally effective manner. This shall also apply in the case that there is a loophole.
By using our site and/or service, you agree that we are authorized to block your access and delete your files for any violation of our Conditions of Use or for the following reason.
We have a policy of terminating, without notice and without recourse, accounts of subscribers or account holders who are repeat infringers of copyright, and you agree that we may apply that policy to your account or subscription in our sole judgment based upon a suspicion on our part or a notification we receive regardless of proof of infringement.
If you write programs aiming to violate our Conditions of Use, you will be prosecuted and made liable for any losses occurred.