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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 members will use the provided services in a manner consistent with any and all applicable laws of the State of Oklahoma and United States Federal Law. 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.
1. Client Content: Client agrees that web pages and files uploaded to servers will not violate any province, federal or foreign laws or regulations; infringe on any intellectual property rights of Hexahost.com or any third party; be defamatory, slanderous or trade libelous; be threatening or harassing; be discriminatory based on gender, race, age; promote hate; or contain viruses or other computer programming defects which result in damage to Hexahost.com or any third party. Customers may not run IRC, bots or clients. Unacceptable uses also include: Bulk unsolicited emailing, unsolicited emailings, newsgroup spamming, child porn or links to such sites, copyrighted MP3, illegal content, copyright infringement, trademark infringement, warez, cracks and software serial numbers. Any site with adult-oriented content, including but not limited to any pornographic material, is not allowed on our shared and reseller hosting platform. Hexahost.com will be the sole and final arbiter as to what constitutes a violation of this policy. Hexahost.com does not normally monitor the contents of clients servers, however if suspicion occurs, Hexahost.com reserves the right to investigate and terminate the clients subscription to the service.
2. Bandwidth Usage: Hexahost.com offers a generous amount of data transfer per month. Bandwidth is calculated on a recurring 30 days. Sites that use over the given limit in 30 days will automatically be suspended until the cycle is reset. You can request that your site be allowed to go over your bandwidth limit, however, a $1.00/per GB overage charge will be applied to your account. You can upgrade your plan within seven (7) days of the end of the month to avoid bandwidth overages.
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. Abusive behavior against staff: We believe in professional communication, no matter what the issue is. We will not tolerate any abusive behavior, abusive language or threats against any Hexahost.com staff member(s). By violating this policy, we reserve the right to suspend or permanently terminate your account(s) without prior notice and without any refund.
10. 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.
99.9% Server Service Level Agreement "SLA", all accounts
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