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T This policy represents the Hexahost.com Terms of
Service ("TOS") in its entirety and supersedes any other written or
oral policy. This policy defines the terms of service all customers
agree to when they sign-up for hosting services with Hexahost.com.
Hexahost.com reserves the exclusive right to revise, change or amend
any portion of this Policy at any time, without advance notice to
customers.
Customers may view the most current version of this policy at:
http://www.Hexahost.com/policies/aup.html http://www.Hexahost.com/policies/privacy.html http://www.Hexahost.com/policies/warranty.html General Provisions In consideration for Hexahost.com maintaining one
or more accounts (each "Account"), you agree to the following terms
of service. "You" "Your" "Client" "Customer" or "Member." Each person or entity that applies for internet service or is a designate of any one who applies for internet service. Services provided by
Hexahost.com Hexahost.com will provide Internet server rental ("the
Service") to its members for the express purpose of allowing customers to
provide http Internet content to the general public. The Service allows
Hexahost.com members to maintain Internet websites, receive and maintain e-mail
accounts and access web space via FTP to upload files for their websites.
Hexahost.com provides the Services exclusively and makes no effort to edit,
control, monitor or restrict the content of data other than as necessary to
provide such Services. If any of the below activities are committed,
Hexahost.com can terminate client's account without notification. 3. Excessive Resource Usage Policy: *Applies to shared and reseller accounts. Resources are defined as CPU and/or RAM utilization. A website is considered using "excessive amounts of resources" when it monopolizes the system resources available, using an average of 8% or more, within a 24-hour period. There are numerous issues that could cause such problems, this includes: cgi scripts, FTP, HTTP, etc. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers. The client whom is using "excessive resources" will be asked to upgrade his/her package to one of our virtual private servers or dedicated server offerings or to seek alternative hosting arrangements. Hexahost.com will be the sole and final arbiter as to what constitutes a violation of this policy. 4. Upstream AUP Violation: Accounts that house insecure scripts which result in an upstream AUP violation will be charged a one-time fee of $10 for cleanup and reactivation. If your account causes a second upstream AUP violation as a result of the same script, your account will then be subject to termination at the sole discretion of Hexahost.com. 5. No "Spam": UCE/UBE or "Spam" originating from a server located on our network or associated with a Hexahost.com server is not tolerated. This includes any e-mail that promotes web sites hosted on a server located on the Hexahost.com network but is sent from an e-mail address not associated with that Hexahost.com account. Client shall not use their Hexahost.com services for chain letters, junk mail, bulk-email, or any use of distribution lists to any person who has not given specific permission to be included in such a process. Hexahost.com reserves the right to deactivate or terminate any account(s) upon any indication of such activity without notice. As part of our our deactivation policy no money will be refunded to the account holders. 6. False Information: You agree that you, as the person legally responsible for all use of this account, are at least 18 years of age. If you are under 18 years of age, you need to have parental consent in order to sign up, and the account must be ordered by a parent or guardian, in their own name. You agree to supply Hexahost.com with a current and truthful name, postal address and telephone number for our records, and you have a continued obligation to keep this information current. You also agree that you are an authorized user of any credit card or PayPal account that you supply to us, and you understand and agree that we have an obligation to fully investigate any possible fraudulent credit card or PayPal use and prosecute if wrong doing is found. 7. Licensed Software Only: Client agrees to use only properly licensed third party software in connection with Client's use of the Services. 8. Sharing of account space & resale restrictions: You agree and understand that the account you purchase is purchased either for yourself or on behalf of a client if you are a reseller. You understand that as a reseller, you are the individual solely responsible for all use of the account. 9. Back-Up Files: We perform routine daily backups of all users' data. However daily backup is not a guaranteed service. Periodicity of backup or accuracy/format of data and mode of data backup is up to Hexahost.com. Hexahost.com is not responsible for any user's data and all users are encouraged to perform their own daily backups. If a user is responsible for data loss, Hexahost.com may charge a one-time $10 data restoration fee, per incident, that requires a restore of backup to the user's account. DOMAIN NAME REGISTRATION: Customer must maintain a valid domain name that resolves through a Hexahost Domain Name Server (DNS) or system to their account and must notify Hexahost about any changes in domain names. Failure to notify Hexahost about domain name changes shall result in service interruption. Domain names once registered, fee charged for the same or/and domain/domains is/are non-refundable. As changes are no longer allowed after the registration request is submitted, customers should make a correct spelling check before buying their domain name. Since we are a domain name reseller all registered domains will automatically comply through our external reseller agreement. COMPLETE AND ACCURATE PERSONAL INFORMATION You agree to provide certain current, complete and accurate information about yourself both in your domain(s) WHOIS and in your account records. You agree to update this information once in a while to keep it complete, up-to-date and accurate. For all your domain name registrations' contact records, you must submit the following: full name, current postal address, e-mail address, voice telephone number, and if available, a fax number. You agree that the type of information you are required to provide may change in time and you understand that, if you do not provide the new, updated information, your registration may be suspended or terminated or may not be renewed. Failure to provide the requested information might prevent you from obtaining all Service(s). WHOIS The Internet Corporation for Assigned Names and Numbers (ICANN) - the organization that assumes responsibility for domain name allocation, requires that we collect information about you during the domain name registration process. This information includes your full name, mailing address, phone number, email address, and, if available, your facsimile number. ICANN then requires all registrars to make the following data accessible to the public on an interactive web page and using a "port 43" WHOIS service: your full name, mailing address, phone number, email address, if available your facsimile number, as well as the creation and expiration dates of your domain name registration and the name server information associated with your domain name. We will refer to this information as your "WHOIS Information". Please note that we may not be able to control in what manner or for what purposes members of the public might use the WHOIS Information. DOMAIN NAME DISPUTE POLICY: This Uniform Domain Name Dispute Resolution Policy (the "Policy") has been adopted by the Internet Corporation for Assigned Names and Numbers ("ICANN"), is incorporated by reference into your Registration Agreement, and sets forth the terms and conditions in connection with a dispute between you and any party other than us (the registrar) over the registration and use of an Internet domain name registered by you. Proceedings under Paragraph 4 of this Policy will be conducted according to the Rules for Uniform Domain Name Dispute Resolution Policy (the "Rules of Procedure"), which are available at http://www.icann.org/udrp/udrp-rules-24oct99.htm, and the selected administrative-dispute-resolution service provider's supplemental rules. Payment, Renewal, Cancellations 1. Payment Obligations: Full payment is required in advance before hosting service is established. Hexahost sends out invoices that are due every pay period. You are given seven (7) days to fully pay the invoice. If you have a credit card on file, your credit card will automatically be charged each renewal period unless cancelled. You warrant and represent that the information you supply in the Order Form (or other information that Hexahost.com may require) is accurate and truthful. All payment-due notices will be sent by e-mail. No bills or invoices will be sent by postal mail or fax. If payment was not received by the due-date, your account will be suspended. To have your account re-established, you will need to pay the monthly fees, plus a $10 re-connect fee. There is a $25 fee for bounced checks and a $50 processing fee for illegitimate charge backs. 2. Renewals: Your account will be automatically renewed under the same time and fee structure unless you give written notice to Hexahost.com seven (7) days before the renewal date that you do not wish to renew such account. 3. Cancellation & Refunds: In the event you cancel your service, you will be charged in full for the entire month in which you canceled your service. No refunds will be granted beyond the initial 30-day money back guarantee. Account cancellations for accounts with a negative balance will be passed on to collections, and all services rendered to the party with the negative balance will be terminated, including domain registrations. A $25 collections fee will be added to any accounts passed on to our third party collection agency. There is a $50 administrative fee for any illegitimate charge backs placed against us. Any illegitimate charge backs or threatened illegitimate charge backs are grounds for immediate account cancellation. Cancellations must be received at least seven (7) days prior to your renewal date. A cancellation request must be submitted through the account management site at https://www.Hexahost.com/billing OR a cancellation email, which includes your domain name, username and password, must be received by our Billing Department at billing@Hexahost.com. Terms of service for VPS ( virtual Private server ): 1. Disclosure to Law Enforcement: The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition Hexahost shall have the right to terminate all service set forth in this Agreement. 2. Service Rates: Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers. 3. Payments and Fees: Credit cards that are declined for any reason are subject to a $1.00 declination fee. Service will be interrupted on accounts that reach 25 days past due; 10 days past due for dedicated servers. Service interrupted for nonpayment is subject to a $10 reconnect charge; $100 for dedicated servers. Accounts not paid by due date are subject to a 10% late fee, or $5, whichever is greater. Accounts that are not collectable by Hexahost may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a "Processing and Collection" Fee of not less than $50. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS. 4. Refund and Disputes: All payments to Hexahost are nonrefundable. This includes any one time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in Hexahost's sole discretion is a valid charge under the provisions of the TOS and /or AUP, you agree to pay Hexahost an "Administrative Fee" of not less than $50 and not more than $150. 5. Failure to Pay: The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees. 6. Account Cancellation: All requests for canceling accounts must be made in writing with at least 30 days notice but not more than 60 days prior. You must have all account information to cancel. 7. Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury. 8. Support Boundaries: Hexahost, provides 24 x 7 technical support to our subscribers (except for few holidays and short company meetings when we close our center.) We limit our technical support to our area of expertise. The following is our guidelines when providing support: Hexahost provides support related to your server or virtual site physical functioning. Hexahost does not offer tech support for application specific issues such as cgi programming, html or any other such issue. Hexahost does not provide technical support for YOUR customers. If you can email, we encourage you to email support@Hexahost.com for assistance. If you are able to get online and have other questions, the answers may be on our home page at http://www.Hexahost.com - we encourage you to check there first. Lastly, the Help files in the program you are using may have the answer to your question so please do investigate these resources before calling tech support. 9. SPAM and Unsolicited Commercial Email (UCE): Hexahost takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of Hexahost may not use or permit others to use our network to transact in UCE. Customers of Hexahost may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service. 1. Violation of Hexahost's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Hexahost will initiate an immediate investigation (within 48 hours of notification). During the investigation, Hexahost may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Hexahost may, at its sole discretion, restrict, suspend or terminate customer's account. Further, Hexahost reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Hexahost will notify law enforcement officials if the violation is believed to be a criminal offense. 2. First violations of this policy will result in an "Administrative Fee" of $250 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $500 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $175 per hour that Hexahost personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account. 3. As our Customers are ultimately responsible for the actions of their clients over the Hexahost network, it is advisable that Customers develop a similar, or stricter, policy for their clients. 10. Network 1. IP Address Ownership: If Hexahost assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to Hexahost, and Customer shall have no right to use that Internet Protocol address except as permitted by Hexahost in its sole discretion in connection with the Services, during the term of this Agreement. Hexahost shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by Hexahost, and Hexahost reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN's new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting. 2. Bandwidth and Disk Usage: Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form (the "Agreed Usage"). Hexahost will monitor Customer's bandwidth and disk usage. Hexahost shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in Hexahost's sole and absolute discretion. If Hexahost takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. 3. System and Network Security: Users are prohibited from violating or attempting to violate the security of the Hexahost Network. Violations of system or network security may result in civil or criminal liability. Hexahost will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation: 1. Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access. 2. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization. 3. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing". 4. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. 5. Taking any action in order to obtain services to which such User is not entitled. 11. Notification of Violation: 1. Hexahost is under no duty to look at each customer's or user's activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities. 2. First violation: Any User, which Hexahost determines to have violated any element of this Acceptable Use Policy, shall receive an email, warning them of the violation. The service may be subject at Hexahost's discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations. 3. Second Violation: Users that Hexahost determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice. 4. We reserve the right, to drop the section of IP space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer's network, or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible. 12. Suspension of Service or Cancellation: Hexahost reserves the right to suspend network access to any customer if in the judgment of the Hexahost network administrators the customer's server is the source or target of the violation of any of the other terms of the AUP or for any other reason which Hexahost chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's machines were suspended. 13. Hexahost reserves the right to amend its policies at any time. All Sub-Networks, resellers and managed servers of Hexahost must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy. 14. Indemnification: Hexahost wishes to emphasize that in agreeing to the Hexahost Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies Hexahost for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to Hexahost or the bringing of any claim against Hexahost by any third-party. This means that if Hexahost is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against Hexahost, plus all costs and attorney's fees. 15. Miscellaneous Provisions: You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference. 1. A waiver by the Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof. 2. Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation. 3. Hexahost takes no responsibility for any material input by others and not posted to the Hexahost Network by Hexahost. Hexahost is not responsible for the content of any other websites linked to the Hexahost Network; links are provided as Internet navigation tools only. Hexahost disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy. 4. Hexahost is not responsible for any damages your business may suffer. Hexahost does not make implied or written warranties for any of our services. Hexahost denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Hexahost. 16. IRC Servers: Hexahost subscribers are not permitted to run IRC servers on the servers 17. Adult Content: - Adult Content or links to Adult Content are not permitted on Hexahost Servers. |
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