Terms of Service

Unless otherwise specified below, Bitmixers abides by the Terms of Service as provided by the colocation facility.

Note: If you have a Bitmixers account but choose to not agree to all or any of the following terms and conditions after reading this agreement in full, please Bitmixers support (support@bitmixers.com) to cancel your account.

Service Agreement

You (the Bitmixers customer and/or user, hereafter collectively referred to as "you") agree to purchase and/or use Bitmixers services in accordance with the terms and conditions of this Service Agreement ("Agreement").

  1. Rates: Rates are set forth per the original hosting agreement or email you originally recieved upon becoming a client. Bitmixers LC will provide 30 days written notice prior to a change in our prices. In the event that you do not wish to continue your account paying the changed base price, you, the customer, have 10 days from the date of notification of the effective increase to provide Bitmixers LC with a written request to terminate services and incur no termination liability. Otherwise, the existing service will be billed at the new base prices. However, you will continue to be responsible for all charges up to 30 days from the date the Bitmixers LC notice was received.
    1. Cancellation: Bitmixers may cancel and/or terminate service with 30 day written notice to you, the customer, for any reason.
    2. Only a written request to terminate service relieves you and/or your company from the obligation to pay your charges. An act of default will accelerate payment to be due at once, and any type of credit agreement will be immediately and automatically terminated.
    3. To terminate service, you must provide Bitmixers LC with 45 days written notice. There is NEVER a termination charge when a customer upgrades to a higher level of service.
  3. Bitmixers LC always reserves the right to change its rates and otherwise modify these Terms and Conditions by notifying you 30 days in advance of the effective date of such changes. These Terms and Conditions hereby supersede all previous representations, understanding, or agreements and shall prevail notwithstanding any variance with terms and conditions of ANY and ALL orders submitted.
  4. If you are declared in default, Bitmixers LC will have all rights and remedies provided by law. Bitmixers LC may terminate your account and take any physical equipment and/or software products provided by Bitmixers LC subject to applicable state law, including the right to enter the premises where the physical equipment and/or software is kept in order to repossess it. You agree to pay Bitmixers LC's costs on demand as well as any reasonable attorney's fees and legal expenses incurred as a result of Bitmixers LC's exercise of any default remedies under this agreement.
  5. Severability. If any provision of this Agreement is not valid according to the law, all other provisions will remain in force. If any provision is stricken, both parties agree to negotiate a mutually acceptable substitute provision.
  6. Waiver. Bitmixers LC's failure to insist upon your complying with any term or provision of this lease or it's waiver of any default shall not be construed as waiving any such term or provision and shall not preclude Bitmixers LC from taking action regarding any subsequent default.
  7. Governing laws. This agreement shall be governed by the internal laws of the State of Utah.
  8. THESE TERMS AND CONDITIONS CANNOT BE MODIFIED EXCEPT BY WRITTEN AMENDMENT BY THE PARTIES. NO AGENT, EMPLOYEE OR REPRESENTATIVE OF Bitmixers LC HAS THE AUTHORITY TO BIND THE PARTIES TO ANY RESPRESENTATION OR WARRANTY UNLESS SUCH IS SPECIFICALLY INCLUDED IN THESE TERMS AND CONDITIONS, THE Bitmixers LC INTERNET SERVICE ORDER FORM OR WITH A WRITTEN AMENDMENT THERETO. NOTICE TO PARTIES OF DISPUTES ARISING UNDER THIS AGREEMENT SHALL BE SENT BY REGISTERED MAIL TO THE PARTIES AT THE ADDRESS SHOWN ON THE MOST RECENT SERVICE ORDER. THIS AGREEMENT IS GOVERNED BY THE LAWS OF THE STATE OF UTAH.
  9. ALL USERS DESIRING CONNECTIVITY ON THE INTERNET ARE SUBJECT TO THE ACCEPTABLE USE POLICY.
  10. Use of Bitmixers LC services by you as a company and/or an individual constitutes acceptance of these Terms and Conditions in full.