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The use of services from inxelnet.com, [hereafter referred
to as "inxelnet"] constitutes agreement to these
terms.
You may view our Privacy Policy here.
1.) Account Setup / Email
on file
We will setup your account after we have received payment
and we and/or our payment partner(s) have screened the order(s)
incase of fraud. It is your responsibility to provide us
with an email address which is not @ the domain(s) you are
signing up under. If there is ever an abuse issue or we
need to contact you, the primary email address on file will
be used for this purpose. It is your responsibility to ensure
the email address on file is current or up to date at all
times. Providing false contact information of any kind may
result in the termination of your account. In dedicated
server purchases or high risk transactions, it will be necessary
to provide government issued identification and possibly
a scan of the credit card used for the purchase. If you
fail to meet these requirements, the order may be considered
fraudulent in nature and be denied.
Transfers
Our transfers team will make every effort to help you move
your site to us, however, we can not make guarantees of
the transfer process. We provide this as a courtesy service
and can not make guarantees regarding its availability or
the amount of time it may take as each host is configured
a little differently. We will try our best, however, in
some cases we may be unable to assist you in a transfer
of data from an old host.
2.) Content
All services provided by inxelnet.com may only be used for
lawful purposes. The laws of the State of Florida, the State
of Texas, and the United States of America apply.
The customer agrees to indemnify and hold harmless inxelnet
from any claims resulting from the use of our services.
Use of our services to infringe upon any copyright or trademark
is prohibited. This includes but is not limited to unauthorized
copying of music, books, photographs, or any other copyrighted
work. The offer of sale of any counterfeit merchandise of
a trademark holder will result in the immediate termination
of your account. If you believe that your copyright or trademark
is being infringed upon, please email abuse@inxelnet.com
with the information required. A list of required information
may be found here. If the request is of a licensing issue,
we may require further documentation.
Examples of unacceptable material on all Shared and Reseller
servers include:
IRC Bots, Proxy Scripts / Anonymizers, Pirated Software
/ Warez, image, filedump, mirror, or banner-ad services
(similar to rapidshare, photobucket, or commercial banner
ad rotation), topsites, commercial audio streaming (more
than one or two streams), Escrow, High-Yield Interest Programs
(HYIP) or related sites, Investment sites (FOREX, egold
exchange), sale of any controlled substance without prior
proof of appropriate permit(s), AutoSurf sites, Bank Debentures,
Bank Debenture Trading Programs, Prime Banks Programs, lottery
sites, muds / rpg's, hate sites, hacker focused sites/archives/programs,
or sites promoting illegal activities, IP Scanners, Brute
Force Programs, Mail Bombers and Spam Scripts. Forums and
or websites that distribute or link to warez content are
prohibited.
Examples of unacceptable material on Dedicated servers include:
Pirated Software / Warez, Escrow, High-Yield Interest Programs
(HYIP) or related sites, Investment sites (FOREX, egold
exchange), sale of any controlled substance without prior
proof of appropriate permit(s), AutoSurf sites, Bank Debentures,
Bank Debenture Trading Programs, Prime Banks Programs, lottery
sites, hate sites, hacker focused sites/archives/programs,
or sites promoting illegal activities, IP Scanners, Brute
Force Programs, Mail Bombers and Spam Scripts. Forums and
or websites that distribute or link to warez content are
prohibited.
We reserve the right to refuse service to anyone. Any material
that, in our judgment, is obscene or threatening is prohibited
and will be removed from our servers with or without notice.
Failure to respond to email from our abuse department within
48 hours may result in the suspension or termination of
your services. All abuse issues must be dealt with via troubleticket/email
and will have a response within 48 hours.
If in doubt regarding the acceptability of your site or
service, please contact us at support@inxelnet.com and we
will be happy to assist you.
Potential harm to minors is strictly forbidden, including
but not limited to child pornography or content perceived
to be child pornography (Lolita):
Any site found to host child pornography or linking to
child pornography will be suspended immediately without
notice.
Resellers: we will suspend the site in question and will
notify you so you may terminate the account. We will further
monitor your activity; more than one infraction of this
type may result in the immediate termination of your account.
Direct customers: Your services will be terminated with
or without notice.
Violations will be reported to the appropriate law enforcement
agency.
It is your responsibility to ensure that scripts/programs
installed under your account are secure and permissions
of directories are set properly, regardless of installation
method. When at all possible, set permissions on most directories
to 755 or as restrictive as possible. Users are ultimately
responsible for all actions taken under their account. This
includes the compromise of credentials such as username
and password. It is required that you use a secure password.
If a weak password is used, your account may be suspended
until you agree to use a more secure password. Audits may
be done to prevent weak passwords from being used. If an
audit is performed, and your password is found to be weak,
we will notify you and allow time for you to change/update
your password.
3.)
Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited
e-mail, bulk emailing, and spam. "Safe lists"
and "double opt-in" will be treated as spam. Any
user who sends out spam will have their account terminated
with or without notice.
Please read http://www.inxelnet.com/mailpolicy.html
for our generalized mail policy.
Sites advertised via SPAM (Spamvertised) may not be hosted
on our servers. This provision includes, but is not limited
to SPAM sent via fax, email, instant messaging, or usenet/newsgroups.
No organization or entity listed in the ROKSO
may be hosted on our servers. Any account which results
in our IP space being blacklisted will be immediately suspended
and/or terminated.
inxelnet.com reserves the right to require changes or disable
as necessary any web site, account, database, or other component
that does not comply with its established policies, or to
make any such modifications in an emergency at its sole
discretion.
inxelnet.com reserves the right to charge the holder of the
account used to send any unsolicited e-mail a clean up fee.
This cost of the clean up fee is entirely at the discretion
of inxelnet.com.
4.) Payment Information
You agree to supply appropriate payment for the services
received from inxelnet.com, in advance of the time period during
which such services are provided. You agree that until and
unless you notify inxelnet.com of your desire to cancel any
or all services received, those services will be billed
on a recurring basis.
Cancellations must be done in writing. Once we receive
your cancellation and have confirmed all necessary information
with you via e-mail, we will inform you that your account
has been canceled. At this time, your account with us has
been canceled. If you do not hear back from us or receive
an e-mail confirming this cancellation, please contact us
immediately.
As a client of inxelnet.com, it is your responsibility to
ensure that your payment information is up to date, and
that all invoices are paid on time. inxelnet.com provides a
10 day grace period from the time the invoice is due and
when it must be paid. Any invoice that is overdue for 10
days and not paid will result in a $10 late fee and/or an
account suspension until account balance has been paid in
full.
Invoices that have been paid more than once with multiple
Paypal Subscriptions can only be added as credit towards
the account and cannot be refunded via Paypal. If you require
assistance with this provision, please contact sales@inxelnet.com
inxelnet.com reserves the right to change the monthly payment
amount and any other charges at anytime.
5.) Backups and Data Loss
Your use of the service is at your sole risk. inxelnet.com
is not responsible for files and/or data residing on your
account. You agree to take full responsibility for files
and data transferred and to maintain all appropriate backup
of files and data stored on inxelnet.com servers.
6.) Cancellations and Refunds
inxelnet.com reserves the right to cancel
the account at any time with or without notice.
Any abuse of our staff in any medium or format will result
in the suspension or termination of your services.
Customers may cancel at any time via a cancellation form.
inxelnet.com gives you an unconditional 45 day money back guarantee
on managed shared hosting, and reseller solutions for any
customer who paid the first invoice with a credit card or
with Paypal.
The following methods of payments are non-refundable, and
refunds will be posted as credit to the hosting account:
Bank Wire Transfers
Western Union Payments
Checks
Money orders
There are no refunds on dedicated servers, administrative
fees, install fees for custom software, or domain name purchases.
Refund requests after the intitial 45 days will be refunded
on a prorated basis of any unused time.
Only first-time accounts are eligible for a refund. For
example, if you've had an account with us before, cancelled
and signed up again, you will not be eligible for a refund
or if you have opened a second account with us.
Violations of the Terms of Service will waive the refund
policy.
7a.) Resource Usage
User may not:
a) Use 25% or more of system resources for longer then 90
seconds. There are numerous activities that could cause
such problems; these include: CGI scripts, FTP, PHP, HTTP,
etc.
b) Run stand-alone, unattended server-side processes at
any point in time on the server. This includes any and all
daemons, such as IRCD.
c) Run any type of web spider or indexer (including Google
Cash / AdSpy) on shared servers.
d) Run any software that interfaces with an IRC (Internet
Relay Chat) network.
e) Run any bit torrent application, tracker, or client.
Please note that you may link to torrents off server, but
may not host or store them.
f) Participate in any file-sharing/peer-to-peer activities
g) Run any gaming servers such as counter-strike, half-life,
battlefield1942, etc
h) Run cron entries with intervals of less than 15 minutes
When using PHP include functions for including a local file,
include the local file rather than the URL. Instead of include("http://yourdomain.com/include.php")
use include("include.php")
7b.) INODES
The use of more than 50,000 inodes on any shared account
may potentially result in suspension. Accounts found to
be exceeding the 50,000 inode limit will automatically be
removed from our backup system to avoid overusage. Every
file on your account uses up 1 inode.
Simply exceeding the limit does not constitute grounds
for suspension however accounts that constantly create and
delete large numbers of files on a regular basis or causing
file system damage may cause your account to be flagged
for review.
8.) Bandwidth Usage
You are allocated a monthly bandwidth allowance. This allowance
varies depending on the hosting package you purchase. Should
your account pass the allocated amount we reserve the right
to suspend the account until the start of the next allocation,
suspend the account until more bandwidth is purchased at
an additional fee, suspend the account until you upgrade
to a higher level of package, terminate the account and/or
charge you an additional fee for the overages. Unused transfer
in one month cannot be carried over to the next month.
9a.) Money back Guarantee
On dedicated servers and colocation no full refund will
be honored -- the 45 day money back guarantee does not apply.
We reserve the right to refund a prorated amount or no refund
at all.
Each of inxelnet.com's managed shared and reseller servers
carry a 45 day unconditional money back guarantee on them.
If you are not completely satisfied with our services within
the first 45 days of your service, you will be given a full
refund of the contract amount. Remember, this is only for
monthly shared or reseller packages and does not apply to
dedicated servers, administrative fees, install fees for
custom software, or domain name purchases.
9b.) Uptime Guarantee
If your shared / reseller server has a physical downtime
that is not within the 99.9% uptime you may receive one
month of credit on your account. Approval of the credit
is at the discretion of inxelnet.com dependant upon justification
provided. Third party monitoring service reports may not
be used for justification due to a variety of factors including
the monitor's network capacity/transit availability. The
uptime of the server is defined as the reported uptime from
the operating system and the Apache Web Server which may
differ from the uptime reported by other individual services.
To request a credit, please contact sales@inxelnet.com
with justification. All requests must be made in writing
via email. Uptime guarantees only apply to shared / reseller
solutions. Dedicated servers are covered by a network guarantee
in which the credit is prorated for the amount of time the
server is down which is not related to our uptime guarantee.
10.) Reseller: Client Responsibility
Resellers are responsible for supporting their clients.
inxelnet.com does not provide support to our Reseller's Clients.
If a reseller's client contacts us, we reserve the right
to place the client account on hold until the reseller can
assume their responsibility for their client. All support
requests must be made by the reseller on their clients'
behalf for security purposes. Resellers are also responsible
for all content stored or transmitted under their reseller
account and the actions of their clients'. inxelnet.com will
hold any reseller responsible for any of their clients actions
that violate the law or the terms of service.
11.) Shared (non-reseller
accounts) / Semidedicated Servers
Shared accounts may not resell web hosting to other people,
if you wish to resell hosting you must use a reseller account.
Semidedicated servers are not backed up. You must maintain
your own backups.
12.) Dedicated Servers
inxelnet.com reserves the right to reset the password on a
dedicated server if the password on file is not current
so that we may do security audits as required by our datacenter.
It is the responsibility of the client to ensure that there
is a valid email address and current root password on file
for their dedicated server on file to prevent downtime from
forced password resets. inxelnet.com reserves the right to
audit servers as needed and to perform administrative actions
at the request of our datacenter. Dedicated servers are
NOT backed up by us and it is the responsibility of the
client to maintain backups or have a solution for this.
You may purchase an additional hard drive and maintain backups
to it as the most simple solution. Please contact sales@inxelnet.com
if you wish to obtain a secondary hard drive. It is your
responsibility to maintain backups.
13.) Price Change
The amount you pay for hosting will never increase from
the date of purchase. We reserve the right to change prices
listed on inxelnet.com, and the right to increase the amount
of resources given to plans at any time.
14a.) Indemnification
Customer agrees that it shall defend, indemnify, save and
hold inxelnet.com harmless from any and all demands, liabilities,
losses, costs and claims, including reasonable attorney's
fees asserted against inxelnet.com, its agents, its customers,
officers and employees, that may arise or result from any
service provided or performed or agreed to be performed
or any product sold by customer, its agents, employees or
assigns. Customer agrees to defend, indemnify and hold harmless
inxelnet.com against liabilities arising out of; (1) any injury
to person or property caused by any products sold or otherwise
distributed in connection with inxelnet.com; (2) any material
supplied by customer infringing or allegedly infringing
on the proprietary rights of a third party; (3) copyright
infringement and (4) any defective products sold to customers
from inxelnet.com's server.
14b.) Arbitration
By using any inxelnet.com services, you agree to submit to
binding arbitration. If any disputes or claims arise against
inxelnet.com or its subsidiaries, such disputes will be handled
by an arbitrator of inxelnet.com's choice. An arbitrator from
the American Arbitration Association or the National Arbitration
Forum will be selected in the state of Texas. Arbitrators
shall be attorneys or retired judges and shall be selected
pursuant to the applicable rules. All decisions rendered
by the arbitrator will be binding and final. The arbitrator's
award is final and binding on all parties. The Federal Arbitration
Act, and not any state arbitration law, governs all arbitration
under this Arbitration Clause. You are also responsible
for any and all costs related to such arbitration.
15.) Disclaimer
inxelnet.com shall not be responsible for any damages your
business may suffer. inxelnet.com makes no warranties of any
kind, expressed or implied for services we provide. inxelnet.com
disclaims any warranty or merchantability or fitness for
a particular purpose. This includes loss of data resulting
from delays, no deliveries, wrong delivery, and any and
all service interruptions caused by inxelnet.com and its employees.
16.) Disclosure to law enforcement
inxelnet.com may disclose any subscriber information to law
enforcement agencies without further consent or notification
to the subscriber upon lawful request from such agencies.
We will cooperate fully with law enforcement agencies.
17.) Changes to the TOS
inxelnet.com reserves the right to revise its policies at any
time without notice.
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