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The use of services from IXOMsoft.com [hereafter referred to
as "IXOMsoft"] constitutes agreement to
these terms.
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
The customer agrees to indemnify and hold harmless IXOMsoft 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@newfrontierscs.com.
Examples of unacceptable material include:
IRC Bots, Proxy Scripts / Anonymizers, Pirated Software / Warez, ".img" / image hosting only sites that do not host
an actual domain name, Escrow, High-Yield Interest Programs(HYIP) or
related sites, Investment sites (FOREX, egold
exchange), 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
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 abuse@newfrontierscs.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.
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.newfrontierscs.com/toa/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.
IXOMsoft 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.
IXOMsoft 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 IXOMsoft.
4.) Payment Information
You agree to supply appropriate payment for the services
received from IXOMsoft, in advance of the time
period during which such services are provided. You agree that until and
unless you notify IXOMsoft 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 via the cancel@newfrontierscs.com provided.
If you require assistance with this provision, please contact sales@newfrontierscs.com
IXOMsoft 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. IXOMsoft
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 IXOMsoft
servers.
6.) Cancellations and Refunds
IXOMsoft 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 email at cancel@newfrontierscs.net .
7.) 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 any type of interactive real-time chat applications that require
server resources. Remotely-hosted services are fully allowed.
c) Run stand-alone, unattended server-side processes at any point in time
on the server. This includes any and all daemons, such as IRCD.
d) Run any software that interfaces with an IRC (Internet Relay Chat)
network.
e) Run any bit torrent application, tracker, or client.
f) Participate in any file-sharing/peer-to-peer activities
g) Run any gaming servers such as counter-strike, half-life,
battlefield1492, 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")
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.
10.) Shared Account
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.
11.) 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
iXOMsoft.com, and the right to increase the amount of resources given to
plans at any time.
12a.) Indemnification
Customer agrees that it shall defend, indemnify, save and hold IXOMsoft harmless from any and all demands,
liabilities, losses, costs and claims, including reasonable attorney's fees
asserted against IXOMsoft, 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 IXOMsoft against
liabilities arising out of; (1) any injury to person or property caused by
any products sold or otherwise distributed in connection with IXOMsoft; (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 IXOMsoft's server.
12b.) Arbitration
By using any IXOMsoft services, you agree to
binding arbitration. If any disputes or claims arise against IXOMsoft or its subsidiaries, such disputes will be
handled by an arbitrator of IXOMsoft's choice.
All decisions rendered by that arbitrator will be binding and final. You
are also responsible for any and all costs related to such arbitration.
13.) Disclaimer
IXOMsoft shall not be responsible for any damages
your business may suffer. IXOMsoft makes no
warranties of any kind, expressed or implied for services we provide. IXOMsoft 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 IXOMsoft and its
employees.
14.) Disclosure to law enforcement
IXOMsoft 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.
15.) Changes to the TOS
IXOMsoft reserves the right to revise its
policies at any time without notice.
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