Terms of Service
This document (the “Agreement”) sets forth the principles, guidelines and requirements of the Terms of Service of ASPnix Web Hosting – ANAXA, LLC (the “Company”) governing the use by the customer (“Customer”) of Company’s services and products (“Services and Products”). These Terms of Service have been created to promote the integrity, security, reliability and privacy of Company’s facilities, network and Customer data contained within. The Company believes it provides one of the best services in the industry, and provides the following policies in the best interests of the Company and the Company’s clients. The Company retains the right to modify these Terms of Service at any time and from time to time and any such modification shall be automatically effective as to all customers when adopted by Company and published at aspnix.com website. Company shall be the sole and final arbiter as the interpretation of the following. By utilizing the Company’s services and products, the Customer agrees to be bound by the terms herein outlined.
2. Compliance with the Law
Customer shall not post, transmit, re-transmit or store material on or through any of Services or Products which, in the sole judgment of the Company (i) is in violation of any local, state, federal or non-United States law or regulation, (ii) is threatening, obscene, indecent, defamatory or that otherwise could adversely affect any individual, group or entity (collectively, “Persons”) or (iii) violates the rights of any person, including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations including, but not limited to, the installation or distribution of “pirated” or other software products that are not appropriately licensed for use by Customer. The Customer agrees to indemnify and hold harmless the Company from any claims resulting from the use of the services which damages the Customer or any other party. Customer shall be responsible for determining what laws or regulations are applicable to its use of the Services and Products.
3. Prohibited Uses of Services and Products
In addition to the other requirements of these Terms of Service, Customer may only use the Services and Products in a manner that, in the Company’s sole judgment, is consistent with the purposes of such Services and Products. If Customer is unsure of whether any contemplated use or action is permitted, please contact the Company as provided above. By way of example, and not limitation, uses described below of the Services and Products are expressly prohibited.
3.1. Services provided by ASPnix are not to be used for the transmission, storage, or presentation of any information, data or material that is in violation of any United States federal and/or local laws. Failure to comply with this section will result in immediate termination and/or suspension of the Account.
3.2. Any attempt to exploit a Service in any way is grounds for immediate termination of the Account.
3.3. The Customer is wholly responsible for any action taken on their Account in any way. The Customer is monetarily responsible for any action that is taken on their Account, regardless of if the Customer or a third party took the action.
3.3.1. In the case where a Customer believes their Account was compromised by a third party, it is the Customer’s responsibility to alert the company in writing to this fact as soon as possible. The Customer may be held liable for any service charges accumulated by any action taken by the third party.
3.4. ASPnix considers certain material to be unacceptable. If unacceptable material is found on a Site, or is linked to by a Site, the Account will be suspended and/or terminated as determined by the Company. Examples of unacceptable material include, but are not limited to:
3.4.1. Pornographic or adult material (shared hosting only)
3.4.2. Fraudulent activities of any kind
3.4.3. IRC and IRC related tools
3.4.4. Copyrighted material without explicit consent to use and/or distribute
3.4.5. Network/computer scanning or attack software
3.4.7. Software licenses, license generation software, software “cracks”
3.4.8. Site mirroring
3.4.9. Upload services of any kind
3.4.10. Spiders of any kind
3.4.11. RBL/DNSBL services
3.4.12. Computer viruses/malicious software of any kind
3.4.13. Proxy scripts or services
3.4.14. SMS Relay, or SMS notification scripts
3.4.15. Ponzi or pyramid schemes
3.4.16. Pharmacy or pharmacy-like services
3.4.17. Racist, hateful, or harassing content
3.4.18. Hacking related information or services
3.4.19. SPAM of any kind
3.4.20. Keep-alive tasks, or any scripts to keep customer’s website’s application pool alive and from going idle
3.4.21. Requesting a billing charge-back or filling a payment dispute
3.4.22. Harassing, threatening, use of vulgar or offensive language or insulting the Company, its employees or other customers
3.4.23. CCTV / surveillance system snapshots / screenshot images, videos or any other surveillance media
3.5. Backups are not to be stored on the Servers, whether the backup contains files from other systems, or files from content hosted on the Service. Any backup created of content on the Servers with the intention of being copied to a new medium off of the Services must be removed from the Servers within one week of the creation of the file. Any backups discovered that are in violation of this section will be removed by the Company without notice.
3.6. The companies servers are not to be used as a personal or business “backup” service. Our servers and allocated diskspace is for hosting website related content only. Any content found in violation of this will be removed without notice or notification.
3.7. Any unattended process or command is prohibited from being run on the Services at any time. Any process or command that listens on a network port or opens a file socket is prohibited from being run on the Services at any time. Any daemon is prohibited from being run on the Services at any time. Processes or commands found to be violating this section will be terminated immediately without notice. Further action is at the discretion of an Company.
3.7.1. Scheduled jobs (i.e. “cronjob”, “crontab”) may be run no more frequently than once every 5 minutes. Scheduled jobs may not take longer than five minutes to complete their task. Any scheduled jobs violating this section will be terminated, and disabled.
3.8. No action taken on the Services should result in a connection to a network outside of the Services unless express written consent has been obtained both from ASPnix and the network the Customer wishes to connect to. Accounts in violation of this section may be suspended.
3.9. Any effort to link to, or provide material that is not owned by the Customer will result in immediate suspension of the Account.
3.9.1. Any data and/or multimedia that is not explicitly owned by the Customer, and for which the customer does not have explicit written permission from the owner of the data and/or multimedia is prohibited on the Service. Examples include, but are not limited to the hosting of music or videos whether for personal or public use. Violation of this section may result in the material being removed with or without notice and/or the suspension of the Account at the discretion of the Company.
3.10. Services are not to be used for the sole purpose of load balancing. Services may not be used to provide storage for data that is not used directly on the Site. This includes, but is not limited to, utilizing the Services solely for the purpose of hosting images, videos, music, large downloads, SQL databases, or streams. Any Account violating this section will be suspended and may be terminated at the discretion of the Company.
3.11. Multimedia streaming is not permitted on the Services without first receiving written consent from the Company.
3.12. Services are not to be used to monitor, gather information about, or administer other servers or sites of any kind.
3.13. Sites must remain within the limits specified by the package the Customer selected regardless of whether or not they are strictly enforced. Violating this section is considered exploitation as per Section 3.2 and will result in suspension, and possibly termination, of the Account.
3.14. Violations of the rights of any Person protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations, including, but not limited to, the installation or distribution of “pirated” or other software products that are not appropriately licensed for use by Customer.
3.15. Actions that restrict or inhibit anyone, whether a customer of Company or otherwise, in its use or enjoyment of any of the Company’s Services or Products.
3.2. System and Network
3.2.1. Introduction of malicious programs into the Company’s network or server (e.g., viruses, worms, malicious code).
3.2.2. Effecting security breaches or disruptions of Internet communication. Security breaches include, but are not limited to, accessing data of which Customer is not an intended recipient or logging into a server or account that Customer is not expressly authorized to access. For purposes of this Section
3.2.2., “disruption” includes, but is not limited to, port scans, flood pings, packet spoofing and forged routing information.
3.2.3. Executing any form of network monitoring which will intercept data not intended for the Customer’s server.
3.2.4. Circumventing user authentication or security of any host, network or account.
3.2.5. Interfering with or denying service to any other user on Customer’s host (for example, denial of service attack).
3.2.6. Using any program/script/command, or sending messages of any kind, designed to interfere with, or to disable, a user’s terminal session, via any means, locally or via the Internet.
3.2.7. Creating an “active” full time ftp connection on a Company-provided account by using artificial means involving software, programming or any other method.
3.2.8. Any attempt to circumvent or alter monitoring, bandwidth tracking or utilization reporting, or other actions which have the effect of complicating the normal operational procedures of the Company, including but not limited to altering, removing or in any way modifying or tampering with Company created log files.
3.2.9. Restoring any service, customer or account that has been suspended by ASPnix without the permission of ASPnix will result in the suspension of the parent account, an AUP violation fine as outlined below, or termination of the account.
3.2.10. Any action which the Company determines, in its own judgment, will reflect poorly on the Company or negatively impact its operations.
3.2.11. Any action which the Company deems to be an unacceptable use of resources, business practice or otherwise unacceptable to the Company.
3.2.12. Any items created outside of our control panel in order to bypass restrictions or limits set by the hosting plan or the Company will be removed without notice. This includes, but not limited too; email accounts, email aliases, email groups, email lists, database users, databases, websites, domains, DNS zones and statistics sites.
3.3.1. Furnishing false or incorrect data for Customer contact / business details, contracts, quotes, credit card numbers or other billing information.
3.3.2. Attempting to circumvent or alter the processes any billing procedures or procedures to measure web space, time, bandwidth utilization, or other methods to document “use” of the Company’s Services and Products.
3.3.3. ASPnix utilizes FraudRecord to screen new orders for previous fraudulent activity and report existing clients who violate our Terms of Service. In case of a violation, you may be reported to FraudRecord for misbehaviour using one-way hashed information.
3.4.1. Sending unsolicited commercial email messages (UCE), including the sending of “junk mail” or other advertising material to individuals who did not specifically request such material, who were not previous customers of Customer or with whom Customer does not have an existing business relationship (“email spam”). Violation of this or any section of this Agreement will result in immediate account suspension and/or termination, as well as further penalties and refund ineligibility.
3.4.2. Sending UCE referencing an email address for any domain hosted by the Company;
3.4.3. Sending UCE referencing a domain or web site hosted by the Company regardless of the source of the email sender (otherwise known as spamvertising a web site);
3.4.4. Sending UCE referencing an IP address hosted by the Company;
3.4.5. Posting advertisements on IRC, ICQ, or any other public chat system containing an email address hosted by the Company, a domain hosted by the Company, an IP address belonging to the Company.
3.4.6. The Company will be the sole arbiter as to what constitutes a violation of these provisions.
3.4.7. Harassment, whether through language, frequency or size of messages.
3.4.8. Unauthorized use, or forging, of mail header information.
3.4.9. Solicitations of mail for any other E-mail address other than that of the poster’s account or service with the intent to harass or to collect replies.
3.4.10. Creating or forwarding “chain letters” or other “pyramid schemes” of any type.
3.4.11. Use of unsolicited email originating from within the Company’s network or networks of other Internet Service Providers on behalf of, or to advertise, any service hosted by the Company, or connected via the Company’s network.
3.4.12. Activities deemed to be unsolicited marketing efforts or otherwise harassing in any way.
3.4.13. Activities which violate the more email policies as are posted at Company web site plan descriptions.
3.5. Customer Support
3.5.1. The Company promotes a mutually professional relationship with its customers. Abusive, threatening, obscene or otherwise harassing communications with agents of the Company, via telephone, email, online chat or other means will result in immediate account termination not withstanding any other terms of this agreement. Violation of this or any section of this Agreement will result in refund ineligibility.
3.5.2. “Fast-Track” Ticket Priority upgrade rules and information…
- Is a one-time, non-refundable fee unless the agent fails to respond to the ticket with 15 minutes of the ticket being submitted to our system
- Is paid for a single ticket only and is non-transferable
- Does not promise resolution of any technical issues within the 15-minute response time
- The 15-minutes response time guarantees an initial response from a Customer Support agent within the time period
4. Bandwidth & Utilization
In addition to the other terms of this agreement, which apply to all plans, bandwidth and utilization, by its nature, is subject to a number of differing and/or additional terms.
4.1 The Company provides a generous amount of data transfer per account to our Customers so that they may create their Websites and have a significant amount of site visitors without having to worry about additional charges for traffic. While most Customers will not exceed their monthly data transfer limit we recognize that others may occasionally or consistently need more.
4.1.1. The Company reserves the right to review and limit bandwidth on any hosting account package or domain exceeding usage over and above the specified maximum package limits in accordance with the current price list published on the web site. Customers exceeding their monthly data transfer allotment as monitored by Company will be given the opportunity to pay for excess usage at a rate specified with hosting package purchased. If Customer does not purchase additional bandwidth resources in order to come into compliance then Company reserves the right to either throttle the site’s bandwidth usage or suspend the site at its sole discretion.
4.1.2. Customer agrees to purchase additional monthly data transfer when their website accounts exceed the monthly allotment during any month. A list of available data transfer packages available for purchase is maintained on Company web site.
4.1.3. Customer may not use Customer’s Website to store Web pages, files or data for other IP addresses or domain names, nor may Customer use its Website as a repository for file data transfer such as auction image hosting. Customer may not use Customer’s Website for “Warez group” download transfers. The Company reserves the right to make this determination, in its sole and absolute discretion.
4.1.4. The storage and distribution of music format files via the Company network is prohibited if the Customer does not own the full copyright of such files. Distribution of music files even if the Customer has the copyright must be done solely via the Customer’s web site and not through third party external web sites linking direct to the files for download. Customer must prevent the direct linking to such files from external sites through anti-leaching scripts or other means available on the Internet.
4.1.5. The Company does not permit sites on the shared servers and virtual private servers (VPS) that use more than 20% of system resources, or sites which in the Company’s view are detrimental to the enjoyment of the Company services by the Company’s other clients, or are in the sole and final judgment of the Company, detrimental to network or business operations. If at any time the Customer’s website generates enough data transfer to affect the performance of the other customer sites on the server, the Company reserves the full right to offer Customer the option of upgrading to a hosting plan that would be more suitable such as dedicated server plans or if serious enough to suspend or terminate the Customer’s web site.
4.1.6. Customer may not consume more than the allowed resources described above for a period lasting longer than 1 hour (60 minutes). The Company may take whatever steps necessary to provide its services, and to provide for the enjoyment of such services by all of the Company clients, and to ensure that certain clients do not utilize services to the detriment of other clients. Customers with Websites that do not comply with these simple rules, or who seek to take advantage of the Company data transfer traffic plan in any detrimental way will at the discretion of the Company, have their sites canceled and/or removed from the servers and have service charges assessed. The Company will be the sole and final arbiter as to Websites or usages of resources that constitute violation or intent to violate our policies. Websites which the Company must suspend or cancel due to violation of these rules are not eligible to receive a refund for unused service, and are subject to charges for bandwidth and usage of resources as is posted on Company web site. Acceptance of these Terms of Services, and/or use of Company’s services constitute an acceptance of any fines, penalties or service charges which might arise out of violation of these policies.
5. Account Terms and Termination
For the purposes of Section 5 of this agreement, the term “Thirty Day Guarantee Period”, the “Seven Guarantee Period” and the “Five Day Guarantee Period” shall be defined as the period extending from the date a Customer signs up his or her domain hosting account with the Company through the thirtieth (30) day following the initial signup of the Customer’s account. The Money Back Guarantee Period for refunds is only valid for the first 30, 7 or 5 days of service. The refund Guarantee Period does not reset each billing cycle.
5.1. Our technicians will make every effort to help you move your website to us. Migrations are provided as a courtesy service. We do not make any guarantees regarding the availability, possibility, or time required to complete an account migration. Every hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult, if not impossible, to migrate some or all account data. In some cases we may not be able to assist you in a transfer of data from an old host. The “Hassle-Free Migration” service is available for thirty (30) days from your sign up date. Migrations outside of the thirty (30) day period will incur a charge; please contact a member of our sales department to receive a price quote. In no event shall the Company be held liable for any lost or missing data or files resulting from a migration to or from the Company. You are solely responsible for backing up your data in all circumstances. The Company shall not be held liable for any issues that occur during or after a migration – including, but not limited to application bugs, design problems, incompatibilities, pre-existing issues, hosting company software configuration differences or missing features. It is the Customer’s responsibility to make sure that The Company’s hosting services and features fit the requirements before signing up and requesting migration.
5.2. Customer must notify the Company of a cancellation request a minimum of seven (7) calendar days prior to the billing renewal date. If the Customer notifies the Company less than seven (7) calendar days before the billing renewal date, a refund will not be issued unless the Customer’s cancellation request is submitted during the “Thirty Day Guarantee Period”, the “Seven Guarantee Period” and the “Five Day Guarantee Period”. Cancellation requests must be completed through the ASPnix Billing System by submitting a “Cancellation Request”. Requests received through chat, ticket, email, or telephone and any other means other than by the “Cancellation Request” form will not be honored.
5.2.1. All refunds requested within the initial “Thirty Day Guarantee Period”, the “Seven Day Guarantee Period” and the “Five Day Guarantee Period” shall receive a full refund of only the hosting fees paid to Company. Setup fees, domain registration fees and/or any optional add-on-service fees, are always non-refundable.
5.2.2. Refunds if any are due will be issued within 10 business days of receipt of the cancellation request and can only be refunded to the same person who initially made the payment and only via the same means. Company cannot refund a credit card other than the same credit card that was initially used to make payment.
5.2.3. Pro-rated refunds will not be issued. All sales are final after the “Thirty Day Guarantee Period”, the “Guarantee Period” and the “Five Day Guarantee Period”days from sign up day. Customer credit will not be refunded except for those credits given automatically for over payments or deposits. Refunds are not issued for payments made using the Public Pay (Clan Pay, Group Pay) payment system.
5.2.4. In the event a Public Pay (Clan Pay, Group Pay) transaction is disputed or “chargeback”, the Customer will be responsible for payment of the disputed payment amount, including, but not limited to any chargeback fees and payment processing fees.
5.2.5. Refunds are not offered or issued for payments made through Bitcoin or made using the Bitcoin payment system. All sales and payments made through the Bitcoin system are final.
5.3. Customer will not receive a refund for account suspension or termination for violation of policies.
5.4. By submitting a credit card or payment information on the order form, Customer agrees to authorize all one time and recurring charges to the account and any other balances incurred due to overages of limits, additions of extras to the account, service charges and/or any other fees, and to be bound to the terms of this Agreement. Customer agrees that the credit card provided on the credit card payment form will be stored securely within the Company’s billing system database.
5.5. Customer agrees that package or hosting plan resources can change or be changed at any time.
5.6. Customer will not receive a refund for any setup fees, domain registration, renewal and transfer fees, additional features (ActiveSync, Dedicated IP, SQL Reporting Services or any other account / service addons) or resource fees or any other fees.
5.7. Customer will be charged a 20% late fee for each invoice that remains unpaid beyond the due date on the invoice. An additional $25 account reactivation fee may also be charged if an account becomes suspended due to billing-related issues. Accounts are suspended the day after their renewal date if payment is not received by the renewal date. It is the Customers’ responsibility to maintain a valid and working email address listed with the company billing department at all times while service is being provided. Renewal notices are sent via email to the contact email listed on customers account prior to the renewal date. Failure to receive a renewal notice does not constitute grounds for nonpayment of renewal.
5.7.1 While Customers’ services are suspended, company reserves the right to advertise on Customer’s domains.
5.8. Customer shall pay the fees and other charges for Products and Services ordered from Company as published on this site at the time of order. Company reserves the right to change rates, resources, and availability without notice; any changes in price will take effect upon renewal of the existing hosting account and immediately for new purchases.
5.8.1. Customer agrees that the Company reserves the right to change its fees, features, and discount offerings and the Customer agrees to be bound by any changes of fee, feature, and/or discounts for future purchases if so made. Customer will not pay more than what is listed on company site at the time that customer ordered a specific service for the period of service agreed to.3
5.8.2. The Company keeps and stores all account details, services, domain registrations, addons and all other purchased services in the Company’s billing and client area system. If the account is closed, cancelled, terminated or is fraudulent, no details are removed. The Company stores and saves all details for in-house records, records keeping, tracking and for future reference related to billing questions, gateway questions, and PCI compliance.
5.8.3. Customer agrees to pay $125 an hour fee for diagnosing and fixing any failing scripts that are found to be a Customer’s error.
5.8.4. The Company reserves the right to terminate this agreement, and to delete the Website from its hardware, immediately upon the occurrence of any of the following events:
- Nonpayment of any charges due from Customer.
- Breach of any term or condition of this agreement by Customer.
- Commencement of any lawsuit or proceeding against Customer arising from or relating to its use of the Web site, whether or not such suit names the Company as a party or seeks any recovery from the Company.
5.8.5. Payment for any charges is due at the time of signup and renewal respectively. All payments must be in U.S. Dollars. Accounts which have balances outstanding shall be deemed to be in default and subject to termination of service. Customer shall be responsible for all costs of collection, including reasonable attorney’s fees and court costs, in event of a default for nonpayment of any amounts due the Company.
5.9. It is the customer’s responsibility to maintain an active email address and notify company of any changes to the account administrative contact. Customers needing to update their information must do so through their online secure account Control Panel. Failure to maintain accurate contact information and a working email address will prevent the Customer from receiving important account notices and information and therefore is a serious matter.
5.10. Customer agrees to pay a “violation fine” for each and any infractions, or violations of our Acceptable Use Policy or Terms of Service agreements. Customer agrees to the procedures and rules described below for policy violations.
- 1st Complaint, $50 fine, services suspended until violation fine paid.
- 2nd Complaint, $100 fine, services suspended until violation fine paid.
- 3rd Complaint, Services are immediately terminated, no questions asked.
5.11. Services that remain unpaid after 30 days (from the due date of the past-due invoice) will be terminated unless otherwise noted by the Company or if the customer has made other arrangements.
5.12. The purchase price of all services remains the same for the life of the account. This applies to promotional pricing, increase in pricing and decreases in service fees. Additional fees such as the “Online Processing Charge” do not apply. Addon services and other non-service fees do not apply.
5.13. The Company reserves the right to terminate Customer’s services at anytime without notice or refund.
5.14. In the event when Customer filed a Chargeback Request with bank to get money back and still willing to continue relations with the Company, there is $35 “Chargeback Compensation Fee” charged to the Customer’s account. Customer will also be reported to FraudRecord at https://www.fraudrecord.com/.
5.15. Rules and requirements for the Priority Fast-Track support system are as follows…
- Guaranteed 15-minute response time does not guarantee any technical issues are resolved within that timeframe, but does guarantee an initial response within 15 minutes
- The upgrade applies only to the ticket it was purchased for and is non-transferable
- Once an upgraded ticket has been closed, the ticket cannot be reopened with Priority status
- Once a ticket has been upgraded, it cannot be used for any other technical support issues other than the original issue
6. Indemnification of Provider/Relationship of Parties
6.1. Customer agrees to indemnify and hold the Company harmless from any lawsuit, claim, charge, or expense, including reasonable attorney fees and costs of defense, for any matter arising from or relating to Customer’s Website provided hereunder.
6.2. Nothing contained herein shall be deemed to create a relationship between the Company and Customer in the nature of a partnership, joint venture, editor/publisher or otherwise. Both parties acknowledge and agree that the Company has no interaction with the data or substance of Customer’s Website, except as necessary to maintain the Website on the web server.
7.1. Customer agrees to take all steps reasonable, necessary, and prudent to protect Customer’s login ID and password and is responsible for maintaining login security.
7.2. Customer agrees not to attempt to undermine or cause harm to any server, software, system or customer of the Company.
7.3. Customer agrees to maintain Customers’ computing equipment responsibly, including running virus software.
7.4. Uploading a virus or worm or any harmful code or program of any kind to a Company server will result in account termination, service charges and/or prosecution.
7.5. Customer acknowledges that the Company cannot provide technical support for any software and/or script that the Customer installs, other than variable name changes. Customer also acknowledges that the Company does not supply technical support for third party software, other than initial configuration. The Company supplies technical support for Web hosting issues only. The Company shall be the sole arbiter as to what constitutes a “Web host” issue.
7.6. The following section applies to the “Free WHMCS License” offer – Any violations will result in the revocation / suspension of the license
- The offer is only valid on reseller packages and is not valid with any other offer
- The license is for use within the Company’s network and services only
- The license is valid for use with the original purchaser / company only
- The license is valid only for the life of the account
- The offer is void if the customer cancels or becomes terminated
- The customer agrees that the Company is not responsible for any support, installation issues, bugs, errors, or otherwise misuse of the application
Any attempt to undermine or cause harm to the Company server or another customer’s Web presence is strictly prohibited. Any violation of the above Terms of Service will result in grounds for account termination, with no refunds given; the Company reserves the right to remove any account without prior notice. Violation of these Terms of Service may result in legal action, service charges or a combination thereof.
Customer acknowledges that by reason of their relationship, both the Customer and the Company may have access to certain products, information and materials relating to the other part’s business, which may include business plans, customers, software technology, and marketing plans that are confidential and of substantial value to either party, respectively, and which value would be impaired if such information were disclosed to third parties. Consequently, both the Company and the Customer agree that it will not use in any way for its own account or for the account of any third part, nor disclose to any third part, any such information revealed to it by either part, as the case may be. The Customer and the Company further agrees that each will take every appropriate precaution to protect the confidentiality of such information. In the event of termination of this agreement, there shall be no use or disclosure by either party of any such confidential information in its possession, and all confidential documents shall be returned to the rightful owner, or destroyed. The provisions of this section shall survive the termination of the agreement for any reason. Upon any breach or threatened breach of this section, either party shall be entitled to injunctive relief, which relief will not be contested by the Customer or the Company.
10. Refusal of Service
10.1. The Company reserves the right to refuse service to anyone it so deems as a potential risk of violation of these Terms of Service.
10.2. If any of these Terms of Service are failed to be followed it will result in grounds for immediate account deactivation, termination or suspension and the Customer’s web site files and emails permanently deleted from Company’s servers.
11.1. USE OF THE COMPANY’S SERVICES AND PRODUCTS IS AT CUSTOMER’S SOLE RISK. NEITHER THE COMPANY NOR ITS EMPLOYEES, AGENTS, RESELLERS THIRD PARTY INFORMATION PROVIDERS, MERCHANTS LICENSERS OR THE LIKE, MAKE ANY WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, THAT THE COMPANY’S SERVICES AND PRODUCTS WILL NOT BE INTERRUPTED OR BE ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MIGHT BE OBTAINED FROM THE USE OF THE COMPANY’S SERVICES AND PRODUCTS OR AS TO THE ACCURACY, OR RELIABILITY OF ANY INFORMATION SERVICE OR MERCHANDISE CONTAINED OR PROVIDED THROUGH THE COMPANY’S SERVICE, UNLESS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT. THIS INCLUDES LOSS OF DATA, WHETHER RESULTING FROM DELAYS, ON DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY THE COMPANY AND ITS EMPLOYEES OR OTHER CAUSES.
11.2. THE SOLE CUMULATIVE LIABILITY OF THE COMPANY FOR ALL CLAIMS MADE BY THE CUSTOMER, OR ANY OTHER PARTY, REGARDLESS OF FORM, INCLUDING ANY CAUSE OF ACTION BASED ON CONTRACT, TORT OR STRICT LIABILITY, SHALL NOT EXCEED THE TOTAL AMOUNT OF ALL FEES AND CHARGES PAID TO THE COMPANY BY THE CUSTOMER.
11.3 THE COMPANY IS NOT RESPONSIBLE FOR CUSTOMER DATA. THIS INCLUDES, BUT NOT LIMITED TO… EMAIL, SQL DATABASES, HOSTING SPACE, SITE FILES, SITE CONTENT, AND ANY OTHER DATA STORED WITHIN THE COMPANY’S SERVERS AND SERVICES. IT IS ALWAYS THE CUSTOMERS RESPONSIBILITY TO MAINTAIN AN ACTIVE LOCAL BACKUP OF ALL DATA AT ALL TIMES.
11.4 We also are concerned with the privacy of online communications. In general, the Internet is neither more nor less secure than other common communications media, including mail, facsimile and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, we urge our customers to assume that all of their on-line communications are insecure. We cannot take any responsibility for the security of communications transmitted over our facilities. We will comply fully, however, with all applicable laws concerning the privacy of our customers’ on-line communications. In particular, we will not intentionally monitor or disclose any private electronic mail messages sent or received by our customers unless required to do so by law. We may, however, monitor our service electronically to determine that our facilities are operating satisfactorily. Also, we may be required to disclose information transmitted through our facilities in order to comply with court orders, statutes, regulations or governmental requests. Finally, we may disclose information transmitted over our facilities where necessary to protect us and our customers from harm, or where such disclosure is necessary to the proper operation of the system. We are not responsible for loss of customer content or data. We do backup our database systems daily and customer hosting spaces weekly, but cannot guarantee the content is up-to-date or can be recovered in the event of system or hardware failure. It is always the customer’s own responsibility to have a full backup of their data at all times. There are no backups performed on dedicated, virtual or email systems. We expect that our customers who provide web hosting services to others will comply fully with all applicable laws concerning the privacy of online communications. A customer’s failure to comply with those laws will violate our policy. Finally, we wish to emphasize that in signing up for services and therefore agreeing to the Terms of Service, customers indemnify us for any violation of the customer of the Terms of Service, or of law or corporate policies, that results in loss to us or the bringing of any claim against us. This means that if we are sued because of activities of the customer that violate any law, the Terms of Service, the customer will pay any damages awarded against us, plus costs and reasonable attorneys’ fees. We hope this Policy Statement is helpful in clarifying the obligations of Internet users, including us and our customers, as responsible members of the Internet.
11.5. The Company reserves the right to revise or change these Terms of Service at any time.
11.6. This Agreement shall be governed in all respects under the laws of the State of Colorado applicable to contracts made, accepted and performed wholly in Colorado, without application to principles of conflict of laws, and the Customer and the Company agree that the sole venue and jurisdiction for any disputes arising from this Agreement shall be the appropriate federal or state court located in the State of Colorado.
12. Domain Registration Agreement
For domain name registrations obtained by the Customer through the Company, in addition to this Agreement and notwithstanding any other term of this Agreement, you agree to be bound by the terms and conditions of the Uniform Domain Name Dispute Resolution Policy (the “Policy”) which has been adopted by the Internet Corporation for Assigned Names and Numbers (“ICANN”), and 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 over the registration and use of an Internet domain name registered by you. You may read the Policy at www.icann.org/udrp/udrp-rules-24oct99.htm.
12.1. Customer acknowledges that all fees billed for domain registration will be billed directly to the Customer’s credit card by Company and will appear as ASPnix – ANAXA, LLC on credit card statement.
12.2. By registering a domain name through the Company, the Customer is establishing a relationship with the registrars “SRSPlus”, “eNom” or “OpenSRS” separate from the Company and this Agreement.
12.3. Domains registered through the Company are only valid during the term that the customer maintains an active hosting account with us. The company does not allow domain registrations, renewals and transfers (in) for non-hosted customers. If a customer cancels their hosting service(s) all registered domains are set to cancelled and must me transferred out to another registrar at that time. If the customer maintains any registered domains with us after that these domains will not renew and the customer will not receive a renewal invoice and will not be able to renew the domain without an active hosting account.
12.4 All domains are automatically renewed within 30 days of their expiration date if the automatic payment is successful. If the Customer does not wish to auto-renew the domain the customer will need to contact our support department to disable auto renew before the 30 day window for the renewal of the domain.
12.5. Any domains registered with with the Company are allowed to be hosted with the Companies services only. Use of any other 3rd party nameserver or service is prohibited.
12.6. The Company is in the domain name hosting business. All customer accounts are setup with the understanding that the Customer will transfer authoritative DNS control of the domain hosted to the Company, i.e., the Company requires the Customer to update the domain name registration of any domain hosted by the Company to list the Company’s domain name servers as the hosting entity. The Company does not provide extended access to its network through non-authoritative DNS means for any purpose other than initial account setup.
12.7. The following section applies to the “Free Domain for Life” offer
- The offer is only valid on annual web hosting packages (excluding TeamSpeak, Hosted Email, Mail Relay and DNS Hosting services)
- The offer is only valid for the life of the account
- The domain cannot be used with any other hosting company or servers and can only used with the Company’s servers
- The offer is void if the customer cancels or becomes terminated
- The offer does not include additional renewals fees if the customer’s account becomes suspended for non-payment
- The company will renew the domain each year automatically for the life of the account if the account is paid in full and on time
13. Software Development, WHMCS Modules and Gateways
13.1. You accept the software “as is,” and we make no warranty as to its use, performance, or otherwise. To the maximum extent permitted by applicable law, we disclaim all other representations, warranties, and conditions, express or implied, statutory or otherwise, including, but not limited to, implied warranties or conditions of merchantability, satisfactory quality, fitness for a particular purpose, title, and non-infringement. The entire risk arising out of use or performance of the software remains with you.
13.2. You may not give copies to another person, or duplicate the Software by any other means, including electronic transmission. You may make one copy of the Software in machine-readable form for backup purposes only; provided that the backup copy must include all copyright or other proprietary notices contained on the original. You may not rent, sublicense, assign, lease, loan, resell for profit, distribute, publish or network the Software or related materials or create derivative works based upon the Software or any part thereof.
13.3. You may not use the Software to engage in or allow others to engage in any illegal activity where the Software is accessed and used. You may not use the Software to engage in any activity that will violate the rights of third parties, including, without limitation, through the use, public display, public performance, reproduction, distribution, or modification of communications or materials that infringe copyrights, trademarks, publicity rights, privacy rights, other proprietary rights, or rights against defamation of third parties.
13.4. The Software is licensed to you by ASPnix Web Hosting – ANAXA, LLC for use only under the terms and conditions of the License. ASPnix Web Hosting – ANAXA, LLC reserves all rights not granted to you. The Software in its entirety is protected by U.S. and international copyright laws and treaty provisions. ASPnix Web Hosting – ANAXA, LLC owns and retains all right, title and interest in and to the Software, including all copyrights, patents, trade secret rights, trademarks, service marks and other intellectual property rights therein. Our Software is divided into Custom Development and Products. Custom Developments are based on open source code and they are being entirely owned by customer and his/her company. Exceptions are renting, sublicensing, assigning, leasing, loaning, reselling for profit, distributing, publishing or networking rights. Every attempt of these must be agreed with ASPnix Web Hosting – ANAXA, LLC.
Your possession, installation, or use of the Products does not transfer to you any title to the intellectual property in the Software, and you will not acquire any rights to the Products except as expressly set forth in this Agreement. All copies of the Products made hereunder must contain the same proprietary notices that appear on and in the Products, including all Products copyright notices embedded in any design template which must remain unaltered from the original and visible at all times.
13.5. ASPnix Web Hosting – ANAXA, LLC will only support modules that are based on the latest major release build of WHMCS. ASPnix will not provide updates, releases or source code for older versions of modules. Previous major releases are supported up to 6-months from the latest major release of WHMCS. Afterwards, customers will be required to upgrade to the latest major release of WHMCS to maintain support.
13.6. You agree any licensed (non Open-Source) versions of products will perform a periodic license check (also known as a call home). This license check will send information about your system(s) and network to our billing and licensing systems. The information sent to our systems includes…
- The product’s license key
- Your system’s public IP address
- The product’s installation path
- Your system’s unique id (if applies – Windows products and software only)
- Your system’s installation URL (if applies – WHMCS products and modules only)
13.7. To the maximum extent permitted by applicable law, ASPnix Web Hosting – ANAXA, LLC, internet brands and its affiliates will not be liable for any indirect, special, incidental, or consequential damages (including damages for loss of business, loss of profits, or the like), whether based on breach of contract, tort (including negligence), product liability or otherwise, even if ASPnix Web Hosting – ANAXA, LLC, internet brands or its representatives or affiliates have been advised of the possibility of such damages and even if a remedy set forth herein is found to have failed of its essential purpose. The limitations of the damages set forth herein are fundamental elements of the basis of the bargain between ASPnix Web Hosting – ANAXA, LLC and you; ASPnix Web Hosting – ANAXA, LLC would not have been able to provide the software to you without such limitations.
13.8. By ordering, downloading, installing, accessing, using or entering into any interaction with the Software (or authorizing any other person to do so) you are indicating that you are aware that no refunds are offered or given.
14.1. You are establishing a shared pc session with a ASPnix support staff member.
14.2. ASPnix does not accept any liability for lost data or any installed programs on your computer, including any computer protection (firewall or virus scanner). Data security is the sole responsibility of the customer. Liability is restricted to intent and gross negligence.
14.3. ASPnix accepts no liability for faults for which is it not responsible, even if they occur around the time when the support is provided.
14.4. By continuing and downloading Teamviewer via the link provided by ASPnix, you hereby confirm your acceptance of the Terms and Conditions of the online support and start the TeamViewer software.
14.5. Please note that this service is only available during our business hours subject to prior arrangement by a support ticket or live chat with our support staff.
- The agent cannot access your PC without your express consent.
- The agent cannot collaborate with you without your express consent.
- No third-party programs will be installed on your PC without your express consent.
- It is not possible for data to be removed from your PC unnoticed and without authorization.
- You can end the shared session at any time.
Please Note: By starting the TeamViewer Software, you automatically acknowledge our liability exclusion statement regarding the use of TeamViewer.
Last updated: 2016-09-23