HOSTEXA, Inc.
(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.
4. Disclaimer
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.
5. Spam
You can view our spam policy here.
