Testimonials
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- www.godsendisaster.com
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HostingX.net Terms of Service
Ok, we have all kinds of "legalize" here (Acceptable use policy and Terms and Conditions). As a consumer, it is your responsibility to read it. To summarize:
ACCOUNTS CAN BE REFUSED AND/OR DISCONTINUED AT HostingX.net's DISCRETION.
This is a very careful and secure company and WE WILL check your customer input to confirm your information. Any irregularities will be cause for refusal. We do not have instant activation for this reason. but we do have HIGHLY satisfied customers on a clean service!
No IRC's, BNC's, Eggdrops, Unathorized SHELLL programs, Illegal or blatantly offensive material or Spamming from a site or server. Period. No Exceptions at any time for any reason. Customers who LOAD (Proof of use or public display NOT required) these programs or materials on any server will be terminated without recourse and billed (including penalties) and further pursued to THE FULLEST EXTENT of the LAW, including but not limited to lawsuits against the individuals responsible. Spamming using other resources with links directed back to sites on our servers IS involving us in the spamming not unlike using our actual server and can be grounds for termination without recourse.
Support Restrictions:
HostingX.net will make every effort to support information for configuring popular network/web software to use internet services. However we can in no way specifically test every piece of software that could conceivably be utilized with our systems, only provide general system-related information. The offer of any particular service does not constitute an obligation on HostingX.net's part to tutor the necessary skills to utilize that service, only to provide system-specific information.
Hosting, Reseller and Dedicated services are defined as servers and server space that is rented to Clients. This service is to provide the clients with knowledge and overview of the server. From time to time security updates, patches, kernel upgrades, and System Administration may be performed free of charge. In addition to these services System Administrator may make recommendations to improve the overall performance, security, and updates to the service. At the sole discretion of the System Administrator any installation, configuration, or tuning of the server may be considered billable, and you will be notified and requested to approve any additional charges. Any Support not included with your dedicated server, will be subject to a $75 an hour labor fee, billed in ½ hour increments during office hours between 9:00am – 5:00pm M-F (EST). HostingX.net reserves the right to perform maintenance, security checks, or management without client initiating such request. HostingX.net does not take responsibility for the overall security of servers.
Billing:
Accounts will be billed in advance for the month of service. If you sign up and receive service today, we will bill you today for the next 30 (or 28/31) days for service. No refunds will be processed without "cause" . If billing fails and we are unable to process payment for over 72 hours we will suspend services without further notice. If we are still unable to collect 7 days past payment due date we reserve the right to terminate the account and all files on our services without recourse.
Uptime Guarantee:
If your website and/or email becomes unavailable due to reasons at your facility (or related) we can not offer a refund. We will offer a refund for 2X the amount of time lost regardless of duration of downtime for any reason NOT related to customer error up to 100% of monthly charges refunded.
Cancellation Policy:
We offer a 30 day money back guarantee for cause on all shared hosting and reseller accounts. Cause is any demonstrated failure on our part to deliver services purchased. If you can provide us with a reason that we failed to provide the services you purchased from us we will be more than happy to give you a refund. There will be no refunds on services purchased on sale or with coupons. Domain name registrations are non-refundable.
CANCELLATIONS MUST BE PROVIDED IN WRITING TO SALES (sales@hostingx.net) 7 DAYS IN ADVANCE OF DISCONTINUATION OF SERVICES. Again, Pro-rated refunds are not given so be sure that we know your intention to leave within 7 days of billing. An account is not entitled to a refund if it does not comply with the Terms of Service or if it has been suspended for any reason.
a) What if we sign up for 1 year or 6 months in advance? Is refund available, is it full, prorated or percentage-based?
See above for specific service policy's. When offered, the refund is Pro-rated to the next months billing. If you sign up for a year at $120.00 and want to leave after 1 month we will refund $108.00 (11/12's of the purchase price). Same situation, you sign up for a year at $120.00 and leave after 45 days you could be eligible for a refund of $96.00 (10/12's of the purchase price) since you are already into the second month of service and that has already been accounted for.
b) Is there a timeline where refund eligibility becomes void? No, when entitled to a refund, you may receive compensation granted it complies with the terms of service.
Forms of Payment:
HostingX.net accepts MasterCard and Visa, American Express and PayPal as payment options. We will not accept company or personal checks nor wire transfers.
Privacy Statement:
HostingX.net follows the strict guidelines of our customer privacy statement. Please make sure you understand this statement fully. Please click here to read the privacy statement.
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Acceptable Use Policy (AUP)
Use of HostingX.net Service constitutes acceptance and agreement to HostingX.net AUP as well as HostingX.net TOS (Terms of Service)
HostingX.net reserves the right to revise, amend, or modify this AUP, our TOS (Terms of Service) and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our TOS (Terms of Service). All users of HostingX.net Internet services, and their clients, must comply with this AUP and our TOS (Terms of Service).
IMPORTANT NOTICE: Payments To HostingX.net have a 30 day money back guarantee for cause
We support the uncensored flow of information and ideas over the Internet and do not actively monitor subscriber activity under normal circumstances. Similarly, we do not exercise editorial control over the content of any web site, e-mail transmission, newsgroups, or other material created or accessible over or through the services, except for certain proprietary Web sites. However, in accordance with our TOS (Terms of Service), we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP. HostingX.net may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. Your violation of this AUP may result in the suspension or immediate termination of either your HostingX.net account or other actions as detailed below without notice, based upon the nature of the violation. Adult hosting is OK.
Hosting only Customers:
Please remember, your unlimited E-Mail Services, domains and/or subdomains are for YOUR use.
They are not intended to be used for re-sale, promotional offerings or any other type of distribution. Any email, domain or subdomain service being abused may be grounds for account termination or suspension without refund at HostingX.net's discretion.
Usage of Server Resources:
Customer agrees that Customer shall not use excessive amounts of server resources (such as, but not limited to, CPU time & memory usage) on any of HostingX.net's servers. Any violation of this policy may result in corrective action by HostingX.netluding assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken in HostingX.net's sole and absolute discretion. If HostingX.net 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.
This document is intended to provide a basic understand of HostingX.net Acceptable Use Policy. The following are guidelines for the establishment and enforcement of HostingX.net AUP. If a HostingX.net account violates this Acceptable Use Policy or our TOS, we reserve the right to terminate your service without notice. We prefer to advise customers of inappropriate behavior and any necessary corrective action, however based on the nature of the violation, could result in immediate termination of service.
The following constitute violations of this AUP:
Illegal Activities:
HostingX.net services may not be used for illegal purposes, or in support of illegal activities. HostingX.net reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.
Harm or Endangerment to other people:
You may not use HostingX.net service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography, or use HostingX.net service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.
Forgery or impersonation:
Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.
Unsolicited E-mail, News Bombing (SPAM):
Use of the HostingX.net service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type will result in the immediate suspension of the offending HostingX.net account. Spam complaints will be sent to the e-mail address on file. Failure to respond to complaints within a 24 hour timeframe will result in the HostingX.net staff suspending the offending account by whatever means necessary. Should the account become re-activated without the express written consent of HostingX.net, the offending account will be immediately terminated, and may result in suspension / termination of the server itself. Anyone hosting websites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server immediately removed from our network. The server will not be reconnected until such time that you agree to remove any and all traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been completely removed. Severe violations may result in immediate and permanent removal of the server from our network without notice to the customer. Any server guilty of a second violation will be immediately and permanently removed from our network without notice. Malicious intent to impede another person's use of electronic mail services or news will result in the immediate termination of the offending HostingX.net account.
HostingX.net fully supports Double opt-in safelists as long as they are on their own dedicated servers.
These types of sites use a great deal of resources and can't be supported through our website or reseller programs. We also require that these list be carefully policed and comply with all state (Massachusetts) and federal (United States) law (regardless of where the site are located). Failure to abide by these laws constitutes spamming and will be subject to our spamming policy. Please review it below, it is quite severe and will be enforced without exception or limits.
Copyright or trademark infringement:
Use of the HostingX.net service to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software. Use of the HostingX.net service to collect, or attempt to collect, personal information about third parties without their knowledge or consent. Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.
Network disruptions :
Use of the HostingX.net service for any activity which affects the ability of other people or systems to use HostingX.net Services or the Internet. This includes "denial of service" (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. HostingX.net will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data. HostingX.net, does not allow the hosting of IRC, IRC Bots, or eggdrops or Unauthorized SHELL programs on our network. Accounts found hosting this material will be subject to immediate cancellation without refund. Use of the HostingX.net service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of HostingX.net or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending HostingX.net account is subject to immediate termination.
Security:
You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server.
Network Security:
HostingX.net accounts operate on shared network resources. Excessive use or abuse of these resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in termination of your account.
REPORTING VIOLATIONS OF HostingX.net AUP
HostingX.net requests that anyone who believes that there is a violation of this AUP direct the information to the Abuse Department at abuse@hostingx.net if possible, please provide the IP address used to commit the violation, date and time of the violation, and evidence of the violation.
HostingX.net will charge a $200.00 site clean-up fee for any abuse of the terms listed above PLUS, ALL TIME AND RESOURCES TO TRACK AND TRACE ABUSE WILL BE BILLED AT HostingX.net $75.00 PER HOUR.
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Terms of Service (TOS)
All Terms and Conditions of this TOS (Terms of Service) our AUP (Acceptable Use Policy) and SLA may be modified at our sole discretion without prior warning. Changes to this TOS does not constitute grounds for early contract termination or non-payment. Please check back regularly for any updates.
Use of HostingX.net Service constitutes acceptance and agreement to HostingX.net AUP (Acceptable Use Policy) as well as HostingX.net TOS (Terms of Service). From herewith in this TOS, AUP, and SLA, the usage of “us”, “we”, “our”, “ours” shall constitute reference to HostingX.net, the usage of “you”, “your”, “they”, “them” shall refer to client / customer of HostingX.net.
Acceptance of Contractual Agreement
1. Client agrees that by placing an order either by means of electronic ordering (web order form) or submitting a written contract, and receipt of such order by HostingX.net, that you are agreeing to our TOS and AUP.
No Modifications of said contract by customer is allowed.
2. HostingX.net will provide, and Customer will purchase and pay for, the Services, and service fees specified in the Order for the applicable Service Description. Customer acknowledges that the service, and service fees have been communicated to the customer, and that they are aware of all applicable charges as per contract, AUP and TOS. Customer also understands that any promotional offers unless specified in contractual terms will not be applicable to their individual service.
3. In connection with any Hosting Services, if Customer’s actual bandwidth usage in any month exceeds allotted amount, specified in Customer’s contract, Customer's site will be Suspended.
Payment:
Establishment of this service is contingent upon receipt of payment from Customer to HostingX.net Subsequent payments are due on the anniversary date of the month for that month’s service. Any setup fees will be charged full setup fee pricing, and are applied at time of initial request of such services.
Payments and Fees:
Payment is due on the defined monthly recurring billing date of each month. Service will be interrupted on accounts that reach 3 days past due. Service interrupted for nonpayment is subject to the setup fee for that service for reconnection. Accounts that are not collectable by HostingX.net will be turned over to an outside 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 Fifty($50.00) nor more than One Hundred, Fifty($150.00)
Delinquent Accounts:
HostingX.net may temporarily deny service or terminate this Agreement upon failure of Customer to pay charges when due. Such termination or denial will not relieve Customer of responsibility for the payment of all accrued service fees, or any collection fees. For dedicated servers, if account is suspended there will be a $25 dollar reconnect fee.
Account Cancellation:
All requests for canceling any service / services must be made in writing with at least 30 days notice but not more than 60 days prior written notice sent by e-mail from the ORIGINAL address used to sign up for services (as a security pre-caution). Confirmation Receipt of cancellation will be sent within 24 hours of our normal cancellation department hours of 9AM to 5PM EST Monday - Friday
Refunds and Disputes:
All billing disputes must be reported within 30 days of the time the dispute occurred. Disputed charges to your credit card issuer, also known as chargebacks, in HostingX.net discretion which is valid, under the terms and conditions of our AUP and TOS, will result in service interruption, and reconnection fees to restore the desired service. Domain name registrations are non-refundable.
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