(referred to hereinafter as HOSTEXA) Terms, Conditions and Use Policy Applicable to the provision of Internet services by HOSTEXA
1. Services Provided
HOSTEXA provides Web Hosting which entails the rental of space to its customers on its servers allowing them to store data files etc the provision of tools to maintain their site and email accounts.
2. Use of Services
The services provided by HOSTEXA shall not be used in any manner or form by any of its customers who shall not allow or cause third parties to use those services for any unlawful illegal or immoral purpose such as the infringement of Federal or state copyright laws or the violation of any other Federal state or city law fraud money laundering drug dealing or trafficking prostitution pornography and other obscene material threatening causing or allowing violence bodily harm or damage to others or their property nor shall any customer use allow cause others to use the services in breach or in contravention of any of the generally accepted rules regulations conventions regarding the use of the internet or world wide web nor to carry out encourage or in any manner be involved in or permit email spamming mailbombing spoofing trolling hacking subscribing some third party to a mailing list without that persons permission newsgroup flooding posting information that is defamatory or infringes or violates anothers rights promoting and/or distributing viruses ping floods spawning unnecessary unwarranted processes posting adverts on any chat room actual or likely abuse misuse or overuse of any of the system resources. In the event that any customer engages in or permits knowingly or otherwise or users HOSTEXA'S servers as the source intermediary or destination address for spamming, bulk e-mail, hacking or use of warez HOSTEXA reserves to itself the right without prior notice to the customer to impose a penalty of $500 on the offending customer whose account will be forthwith terminated. No leniency will be shown by HOSTEXA in respect of the above.
Each customer accepts and agrees that the list above is not exhaustive that HOSTEXA is the final and sole arbiter of what constitutes a breach or violation of any of its services and that each customer indemnifies and holds harmless HOSTEXA its employees servants agents and the like from any and all costs claims expenses damages lawsuits which may arise or be suffered by anyone from the provision of services by HOSTEXA used by the customer. The customer acknowledges and agrees that there are limitations to the hardware/system of HOSTEXA and accordingly if any customer uses more than 10% of the system resources or if 30% or more of a customer's site's monthly traffic is from file downloads or if any such customer for whatever reason such as archival storage of data and CGI scripts causes the hardware/system of HOSTEXA to malfunction perform slowly poorly or experience other problems HOSTEXA reserves to itself the right in its sole discretion to take whatever steps are necessary to ensure that the system operates at an efficient level and that the other customers of HOSTEXA receive a reliable and stable service and are not adversely affected by a particular customer.
3. Termination of use of services
In the event that the customer
(a) is in the sole judgment of HOSTEXA in breach of these terms and conditions
(b) fails refuses or neglects to make payment on due date to HOSTEXA for any charges due by the customer to HOSTEXA
(c) has bankruptcy or insolvency proceedings instituted against it files or petitions for insolvency or bankruptcy or assigns all or any part of its assets to or for the benefit of its creditors
then on the happening or occurrence of any or all the above events HOSTEXA may at its discretion forthwith and without prior notice to the customer terminate the customers account and thereupon all content and files in the account shall be deleted without liability for compensation refund of the agreed package/account monthly payment or otherwise for any loss damages which the customer may as a result of such termination suffer. HOSTEXA shall be fully entitled to recover all money owing to it from the customer as at the date of termination notwithstanding termination due as a result of any of the above causes. Non-enforcement by way of termination of any breach or violation shall not constitute acceptance or consent by HOSTEXA to such breach or violation.
Notwithstanding the generality of the foregoing or anything else herein contained HOSTEXA makes no warranties whatsoever express or implied concerning the provision of its services and this includes warranties of merchantability or fitness for a particular purpose. HOSTEXA cannot and does not warrant or guarantee that it will provide a continuous service or that the service will not be disrupted or that there will be no interruption or delay or that its service will be provided at a or any particular time Consequently HOSTEXA expressly disclaims all and any liability or responsibility in respect of claims loss loss of data damages of any kind (including direct incidental consequential or special) suffered by or made against the customer arising out of the use or non-provision of services whether or not HOSTEXA is or was at fault or negligent.
You can view our spam policy here.
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