Terms of Service
Midwest Internet Exchange LLC dba FD-IX.com
Terms of Service
These Terms of Service ("Terms") constitute a binding agreement between Midwest Internet Exchange LLC, doing business as FD-IX.com ("FD-IX"), and the customer ("Customer") governing the use of FD-IX services ("Services"). By ordering, accessing, or using any Service, Customer accepts these Terms.
1. Services
FD-IX provides interconnection, colocation, and related telecommunications services pursuant to applicable service orders executed between the parties. Each service order specifies the scope, pricing, term, and technical parameters for the applicable Service.
2. Ordering and Provisioning
Services are ordered by execution of a service order in a form approved by FD-IX. FD-IX will use commercially reasonable efforts to provision Services by the agreed ready-for-service date, subject to Customer cooperation and fulfillment of prerequisites.
3. Term and Termination
The term of each service order commences on the billing start date and continues for the agreed minimum term, renewing thereafter on a month-to-month basis unless terminated by either party in accordance with these Terms. Either party may terminate for material breach upon thirty (30) days' prior written notice if the breach remains uncured, or as otherwise provided herein. FD-IX may suspend or terminate Services immediately for non-payment, violation of the Acceptable Use Policy, or as required by law.
4. Charges and Payment
Customer shall pay all charges specified in each service order, including non-recurring and monthly recurring charges, within the payment period stated on the invoice. Late payments may accrue interest or administrative fees. All charges are exclusive of applicable taxes, which shall be billed to and paid by Customer.
5. Customer Obligations
Customer shall use the Services in compliance with all applicable laws, regulations, and FD-IX's Acceptable Use Policy, and shall provide FD-IX reasonable access to premises and equipment as required to deliver the Services. Customer shall not resell or share the Services without prior written consent.
6. Service Levels
If applicable, specific performance standards, measurement methods, and remedies are set forth in FD-IX's Service Level Agreement. Remedies are limited to the service credits described therein.
7. Limitation of Liability
FD-IX's total liability for any claim arising from the Services shall be limited to the remedies expressly provided in the Service Level Agreement. FD-IX shall not be liable for indirect, incidental, special, consequential, or punitive damages, or for any loss of data, revenue, profits, or business opportunities.
Important Notice
This limitation of liability is a fundamental element of the basis of the bargain between FD-IX and Customer. FD-IX would not be able to provide Services on an economically reasonable basis without these limitations.
8. Governing Law
These Terms shall be governed by the laws of the State of Indiana, without regard to its conflict of laws principles. The parties consent to the jurisdiction of the state and federal courts located in Hamilton County, Indiana.
9. Amendments
FD-IX may amend these Terms by posting revised terms on its website. Continued use of the Services following such posting constitutes acceptance of the changes.
Related Documents
These Terms of Service should be read in conjunction with:
Questions About Terms?
If you have questions about these Terms of Service, please contact us:
Email: [email protected]
Phone: +1 (463) 209-7100