Terms of Service

This agreement is between you ("Customer") and The Universes ("The Universes", "we"), for all products/services ("service", "services") provided to you and supersedes any proposal or prior agreement, oral or written, and any other communications relating to the subject matter of this agreement.

General
The services offered by The Universes are subject to change and limitation at The Universes' sole discretion, as is any pricing schedule. The Universes reserves the right to supplement and/or amend, at any time, the terms and conditions of in this Agreement ("Terms of Service"). The Universes will post all changes on this page 30 calendar days before the change goes into effect. If Customer objects to any change in service, Customer will be entitled to cancel their account. Customer's continued use of The Universes services after the effective date of such modified general terms and conditions, policies, or changes in services will constitute Customer's acceptance of such modified terms.

Virtual Private Servers
Customers with a Virtual Private Server ("VPS") or Hybrid Server from The Universes, mst also agree to the terms set in the VPS Terms Addendum (http://www.theuniverses.com/terms/vps). All terms in the VPS addendum are incorporated by reference into this Agreement as if fully set forth herein.

Customer Responsibility
Customer represents and warrants that the information it provides to The Universes in contact/customer information forms is true, accurate, current and complete. Customer agrees to maintain and update this information to ensure that it is true, accurate, current and complete.

Customer may only use The Universes' services for lawful purposes and the Customer agrees to abide by all State and Federal Laws pursuant to services delivered in California and the United States of America.

Cancellation
Customer must cancel at least 7 days prior to account renewal. Cancellations must be sent in the form of a Ticket in the Orbit Customer Portal (https://orbit.theuniverses.com). By terminating your service, you agree that you have received all services, rights, and other obligations owed to you by The Universes under this Agreement.

Payments, Refunds, Chargebacks
All invoices must be paid by the due date on the invoice. In the event an invoice is past due, The Universes may immediately terminate this Agreement, and/or withhold or suspend Services. In the event The Universes receives a Chargeback and/or Paypal dispute, The Universes may immediately terminate all services provided to the Customer and charge the Customer a $30 administrative fee. Any losses or expenses experienced by the Customer, due to actions taken by The Universes in response to the Customers non-payment, is not the responsibility of The Universes. Such termination or denial will not relieve Customer of responsibility for the payment of the invoice(s).

All monthly and one-time service fees and charges paid to The Universes are NON-REFUNDABLE. Quarterly, semi-annual, annual, and longer payment cycles for services are eligible for pro-rated refunds, however any discounts given for those payment terms will be forfeited and deducted from the refund.

Customer Abuse
The Universes has a zero tolerance for abusive language and/or abusive behavior towards our company and/or service we provide and/or our employees. Any Customer deemed at our sole discretion to be abusive to our company and/or service we provide and/or our employees will result in immediate irrevocable account termination without any refund. Threats to sue, slander, libel, etc., are all considered forms of abuse and will result in immediate irrevocable account termination without any refund.

Force Majeure
The Universes shall be excused from any delay or failure in performance hereunder caused by reason of any occurrence or contingency beyond its reasonable control, including but not limited to, acts of God, earthquake, labor disputes and strikes, riots, war, and governmental requirements.

Indemnification
Customer agrees to indemnify, defend and hold harmless The Universes and it's employees 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, all attorney's fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of or relating to any service(s) provided to the Customer by The Universes.

Exclusion of Warranties
THE UNIVERSES PROVIDES SERVICES ON AN "AS IS" BASIS, AND WITHOUT ANY WARRANTY OF ANY KIND, whether express or implied, including, but without limitation, any implied warranty of merchantability, or fitness for a particular purpose.

While The Universes makes reasonable efforts to maintain The Universes services, many factors are not within The Universes' control. Therefore, The Universes does not warrant, and is not responsible for (even if caused by the negligence of The Universes) any loss of data, delays, non-delivery or misdelivery of information, lack of access, slows response time, or service interruptions or errors.

Limitation of Liability and Damages
THE TOTAL AGGREGATE LIABILITY OF THE UNIVERSES TO THE CUSTOMER SHALL NOT EXCEED THE AMOUNT PAID TO THE UNIVERSES BY THE CUSTOMER. IN NO EVENT SHALL THE UNIVERSES BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS OR LOSS OF BUSINESS, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED UPON BREACH OF CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE.

Governing Law/Disputes
The agreement shall be governed by the laws of the State of California, exclusive of its choice of law principles, and the laws of the United States of America, as applicable. The Agreement shall not be governed by the United Nations Convention on the International Sale of Goods. Exclusive venue for all disputes arising out of or relating to the agreement shall be the State and Federal courts in San Diego County, California, and each party agrees not to dispute such personal jurisdiction and waives all objections thereto.