Host2x Terms of Service |
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By becoming a member and continuing service with us, you (Client, Customer, User, Member) agree to all the terms listed. The interpretation of these guidelines is at the sole discretion of Host2x (We, Us, Our, Host2x): ACCOUNT INFORMATION It is your responsibility to ensure your account information (including all contact information) on file is current or up to date at all times. Providing false contact information of any kind may result in the termination of your account along with the inability to use any Host2x services. BACKUPS AND DATA LOSS You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Host2x servers. Multiple backups will be performed on our web servers but it is not guaranteed that the backups contain the exact data you are looking for (e.g. the file may be older and newer than the version you wish to recover). Backups are maintained for shared hosting services only. TERMINATION Host2x may suspend or block access to a service or all services without notice for any of the following reasons: 1) To comply with any law, regulation, court order, government request, or any order requiring immediate action. 2) To prevent interference with, damage to, or degradation of Host2x's network. 3) To eliminate a hazardous condition to staff, users, or visitors. 4) Service misuse, fraudulent activity, agreement violation, or any other action that can negatively impact Host2x's network, staff, clients, or visitors. If at anytime a user who has an account in good standing wishes to cancel their services, they will be given a refund for the remainder of their paid services unless otherwise specified. Accounts suspended or terminated by Host2x will be subject to a Reactivation Fee if eligible to be reactivated. Suspended accounts are still required to meet payment obligations. Terminated accounts might be able to obtain the latest backup of their site upon payment of a Backup Retrieval Fee. All additional features, fees, and/or other charges are not included in the refund unless otherwise noted in writing by Host2x. Additional features include but are not limited to: domain names, SSL certificates, dedicated IP addresses, control panels, and other licenses. Consultation, support, website design, graphic design, and all other non-reoccurring services are not entitled to the same refund policies and are subject to management discretion when deciding a full or partial refund of such services. If you cancel your account and have any free domain names, you are required to provide payment for the registration and renewal of the domain, pay a Transfer Fee to Host2x to have the domain transferred to another registrar, or release ownership of the domain to Host2x. RESOURCE USAGE Web host users may not initiate the following: 1) Run any process that Host2x deems excessive. 2) Run any type of interactive real-time chat applications that require intense server resources. 3) Run stand-alone, unattended server-side processes at any point in time on the server. 4) Run any software that interfaces with an IRC (Internet Relay Chat) network. 5) Run any bit torrent application/script, tracker, or client. 6) Provide or operate a free public hosting service unless approval from management for each service. 7) Participate in any file-sharing/peer-to-peer activities. 8) Run a proxy site (private or public). 9) Use our services for file hosting/storage only. BANDWIDTH AND DISK SPACE You agree to not exceed the total allotted disk space or bandwidth. Should your account pass the allocated amount we reserve the right to suspend your account until either the following month when your bandwidth resets or an overage fee is paid. In extreme cases we will terminate your account. We reserve the right to alter our plans and services at any time. PAYMENT INFORMATION Paid Services: You agree to supply appropriate payment for the services received from Host2x, in advance of the time period during which such services are provided except for services that are billed on an hourly basis. Suspended account data and all backups will be purged from our servers within 30 days of the due payment date. Contacting sales/billing will allow your suspended account data to be retained until such time you are able to renew your account if circumstances allow. In the event of non-payment, Host2x reserves the right to take ownership of any domains registered through us until payment is received or an agreement is reached. Free Services: All payments and donations are non-refundable. You agree that any payment made is of your own free will and not required to use our free services thus you will not dispute or request a refund of any payment provided regardless of the circumstances. If you choose the option to upgrade to a paid account or purchase a virtual server you must pay the required amount on time or a late fee will be added to your current balance owed. INDEMNIFICATION You agree that you shall defend, indemnify, save and hold Host2x harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Host2x, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. You agree to defend, indemnify and hold harmless Host2x against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Host2x; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from Host2x's servers. THIRD PARTY PRODUCTS Any merchandise products or services available to users or members from links from this web site are provided by third parties who are not necessarily affiliated or connected with Host2x. To the fullest extent permissible by law, Host2x excludes all liability under any circumstances (including negligence) for any special or consequential damages that result from the use of, or the inability to use, the materials on this site. Applicable laws may not apply to all those who access the web site. DISCLAIMER Host2x will not be responsible for any damages you or your business may suffer. Host2x makes no warranties of any kind, expressed or implied for services we provide. Host2x disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Host2x and its employees. PRIVACY POLICY Your personal information will always remain private. We will never sell or share your personal information with any other person or company for our benefit. We will however always assist with government, law enforcement, and other legal requests. By signing up for our services you agree to receive e-mails from us including, but not limited to, newsletters, announcements, specials, contests, and other information. You may opt-out at any time and an unsubscribe link will be provided in all promotional e-mails. You are unable to opt-out of announcements relating to our service or account related e-mails. We comply with the CAN-SPAM Act of 2003. PROHIBITED USAGE 1. Transmission, distribution, or storage of any material in violation of any applicable law or regulation is prohibited. 2. Sending or utilizing Unsolicited Bulk Email ("UBE", "spam"). 3. Running Unconfirmed Mailing Lists. All mailing lists run by Host2x customers must be Closed-loop ("Confirmed Opt-in"). 4. Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other company. 5. Operating an account on behalf of, or in connection with, or reselling any service to, any persons or firms listed in the Spamhaus Register of Known Spam Operations(ROKSO) database at www.spamhaus.org. 6. Unauthorized attempts by a user to gain access to any account or computer resource. 7. Obtaining or attempting to obtain service by any means with intent to avoid payment. 8. Unauthorized access, alteration, destruction, or any attempt thereof, of any information of any Host2x customers or end-users by any means. 9. Knowingly engage in any activities designed to harass, or that will cause a denial-of-service to any other user whether on the Host2x network or on another provider's network. 10. Using Host2x's Services to interfere with the use of the Host2x network. 11. Containing or linking to sites that contain anything Host2x considers illegal, overly obscene, insulting, or otherwise distasteful. 12. Transmit, publish, or link to any material that would make Host2x a target for attacks, threats, or any other form of negative action. COMMUNICATIONS During the course of any communication with staff or other members, you must make all attempts to remain professional and respectful. Violation of this regardless of the chat medium used may result in termination of your account. CUSTOMER RESPONSIBILITY Each Host2x customer is responsible for the activities of its users and, by accepting service from Host2x, is agreeing to ensure that its customers/representatives and/or end-users abide by this Policy and Terms of Service. ADDITIONAL TERMS You also agree to follow any guidelines, rules, requirements, or restrictions listed within our Knowledge Base, forum, website, e-mails, or any other document or communication we provide and maintain. ALTERING TERMS OF SERVICE Host2x reserves the right to alter the Terms of Service at anytime without prior notice. Continuation of service after the revised Terms of Service has been available will constitute an agreement to follow the updated Terms of Service. If at any time you feel you are unable to agree to its terms please contact us immediately. |
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