Where the content states: “We” includes IXIY Hosting or any party acting on IXIY Hosting’s implicit instructions. "You" includes the person purchasing the services or any party acting on the customer’s instructions. “Member” includes the purchaser of services or any party acting on the purchaser’s instructions. “The Registrant” includes the person applying for a domain name or any party acting on the Registrant’s instructions. “The Registry” refers to the relevant domain names Registry. “Server” means the computer server equipment in connection with the provision of the Services. “Web Site” means the area on the Server allocated by us to you for use by you as a site on the Internet. “TOS” includes this agreement. IXIY Hosting reserves the right to modify this policy at any time, effective immediately upon posting of the modification to this URL: http://www.ixiy.com/tos/ In consideration of the mutual covenants herein, the parties agree to the following, which shall apply during the term of this agreement:1. Domain Name Registration
1.1 We make no representation that the domain name you wish to register is capable of being registered by or for you or that it will be registered in your name. You should therefore not assume registration of your requested domain name(s) until you have been notified that it has or they have been registered. Any action taken by you before such notification is at your risk.
1.2 The registration and use of your domain name is subject to the terms and conditions of use applied by the relevant naming authority; you shall ensure that you are aware of those terms and conditions and that you comply with them. You shall have no right to bring any claim against us in respect of refusal to register a domain name. Any administration charge paid by you to us shall be non-refundable notwithstanding refusal by the naming authority to register your desired name.
1.3 We shall have no liability in respect of the use by you of any domain name; any dispute between you and any other person must be resolved between the parties concerned in such dispute. If any such dispute arises, we shall be entitled, at our discretion and without giving any reason, to withhold, suspend or cancel the domain name. We shall also be entitled to make representations to the relevant naming authority but will not be obliged to take part in any such dispute.
1.4 We shall not release any domain to another provider unless full payment for that domain has been received by us.
2.1 We make no representation and give no warranty as to the accuracy or quality of information received by any person via the Server and we shall have no liability for any loss or damage to any data stored on the Server.
2.2 You shall effect and maintain adequate insurance coverage in respect of any loss or damage to data stored on the Server.
2.3 You represent, undertake and warrant to us that you will use the Web Site allocated to you only for lawful purposes. In particular, you represent, warrant and undertake to us that:
2.3.1 you will not use the Server in any manner which infringes any law or regulation or which infringes the rights of any third part; nor will you authorize or permit any other person to do so.
2.3.2 you will not post, link to or transmit:
- (a) any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, pornographic, blasphemous, profane or otherwise objectionable as determined by IXIY Hosting in any way.
- (b) any material containing a virus or other hostile computer program.
- (c) any material which constitutes, or encourages the commission of a criminal offence, or which infringes any patent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction.
2.3.3 you will not send bulk email, whether opt-in or otherwise, from our network. Nor will you promote a site hosted on our network using bulk email.
2.3.4 you will not employ programs which consume excessive system resources including, but not limited to, processor cycles and memory. We do not host IRC, IRC bots, or other server resource intensive programs.
2.3.5 If you surpass your allotted disk/bandwidth usage as set forth in your purchased plan, you agree to purchase the excess in blocks as set forth in our "plans" section. Such payment to be immediate and non-disputable.
2.4 We reserve the right to remove any material which we deem inappropriate from your web site without notice. We do not host Warez, Underage Adult, Pornographic, or Copyrighted MP3 content.
2.5 You shall keep secure any identification, password and other confidential information relating to your account and shall notify us immediately of any known or suspected unauthorized use of your account or breach of security, including loss, theft, or unauthorized disclosure of your password or other security information.
2.6 You shall observe the procedures which we may from time to time prescribe and shall make no use of the Server which is detrimental to our other customers.
2.7 You shall procure that all mail is sent in accordance with applicable legislation (including data protection legislation) and in a secure manner.
2.7.1 Sending unsolicited mail messages, including, without limitation, commercial advertising and informational announcements, is expressly prohibited. A Member shall not use another site’s mail server to relay mail without the express permission of the site.
2.7.2 It is contrary to policy for Members to use our servers to effect or participate in any of the following activities:
To post to any Usenet or other newsgroup, forum, e-mail mailing list or other similar group or list articles which are off-topic according to the charter or other owner-published FAQ or description of the group or list.
To send mass e-mailings; whether unsolicited, opt-in, or otherwise.
To engage in any of the foregoing activities using the service of another provider, but channeling such activities through a IXIY Hosting provided server, or using a IXIY Hosting provided server as a mail drop for responses.
To falsify user information provided to IXIY Hosting or to other users of the service in connection with use of a IXIY Hosting service.
2.7.2(a) Consequences of Violation:
When IXIY Hosting becomes aware of an alleged violation of its Acceptable Use Policy, IXIY Hosting will initiate an investigation. During the investigation IXIY Hosting may restrict Member’s access in order to prevent further possible unauthorized activity. Depending on the severity of the violation, IXIY Hosting may, at its sole discretion, restrict, suspend, or terminate Member’s account and/or pursue other civil remedies. If such violation is a criminal offense, IXIY Hosting will notify the appropriate law enforcement department of such violation.
2.7.2(b) You shall be held liable for any and all costs incurred by IXIY Hosting as a result of your violation of these terms and conditions. This is including, but is not limited to, attorney fees and costs resulting from Postmaster responses to complaints from and the cleanup of unsolicited commercial mailings and/or unauthorized bulk mailings and/or news server violations. IXIY Hosting’s current hourly rate for Postmaster responses to complaints and cleanup of unsolicited commercial mailings and/or unauthorized bulk mailings and/or news server violations is US $100 per hour, with a minimum one (1) hour charge, plus US $1 for each bulk-email or Usenet message sent, plus US $1 per complaint received. Server maintenance fees of $85 per hour.
2.7.3 IXIY Hosting does not issue service credits for any outages incurred through service disablement resulting from Policy violations.
2.8 Any access to other networks connected to IXIY Hosting must comply with the rules appropriate for those other networks.
2.9 While we will use every reasonable endeavor to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorized users or hackers and we shall be under no liability for non-receipt or misrouting of email or for any other failure of email.
3.1 Excessive CPU, Bandwidh or Disk Space Usage has the ability to compromise our shared hosting environment. This is the result of using the system in a manner that encumbers disk space, processors or other system resources beyond the allowances of your specific plan type and to the degree that your usage compromises the hosting accounts of our other customers.
3.2 Excessive resource usage - cgi scripts or other executable code that consumes an undue amount of CPU time (defined dynamically by IXIY Hosting at will) will be reprioritized if possible, or we will ask you to discontinue its use either permanently or the script is altered by yourself or third party to operate in a less resource-hungry manner. Failure to cease operator of the offending executable will be considered as server abuse. IXIY Hosting reserves the right to terminate any process which it deems to be using excessive resource usage.
3.3 Background processes - background process (that is, application or utilities that are started from within an interactive shell login, and set to run permanently in the background on a server) are not to be initiated without prior arrangement with use. We reserve the right to examine all code before it is run on the server. Running of background processes without prior arrangement in and confirmation in writing from IXIY Hosting is server abuse.
3.4 Mailing Lists - If your mailing list exceeds 1,500 addresses you should contact IXIY Hosting requesting permission to send the mailing through the IXIY Hosting servers prior to sending any messages. Sending a large mailing through mailing list software other than IXIY Hosting pre-installed software can adversely affect the flow of email. Should such a large mailing disrupt normal services or create unacceptable server loads, the account associated with the mailing risks termination. Mailing lists operated on IXIY Hosting servers must be double opt-in with specific clear instructions in order to opt-out.
3.5 Pornography - IXIY Hosting prohibits the storage and transmission (inbound and outbound) of pornography with the exception of softcore erotic art. Written permission must be obtained before any pornographic material is stored and/or transmitted through IXIY Hosting servers.
3.6 Copyright software, Warez, destructive applications, copyright media, proprietary computer information and hacking & cracking sites are strictly prohibited on any portion of our services and network. Customers storing & transmitting (inbound and outbound) files that violate copyright or other federal laws are grounds for instant termination of service.
3.6a Warez Sites are sites that are typically used by “hackers” to trade (upload/download) illegally pirated copies of software programs with one another. IXIY Hosting Hosting has a zero-tolerance policy on all Warez Sites. Sites that become a trading post for “warez” programs will be reported to any and all regulatory, administrative, and/or governmental authorities for prosecution. In addition to your account being deleted from our servers, you may face legal action that can be taken against you by the programmers/software companies of the copyrighted software.
3.7 Any incident of server abuse is grounds for immediate and unconditional account termination. Common examples of abusive practices are listed below and IXIY Hosting Hosting reserves the right of interpretation as to what constitutes abusive practices. In short, if you are unsure that your actions may be perceived as an abuse of service, contact IXIY Hosting Hosting directly to check with us before proceeding.
3.7a Ignorance of your actions and consequences does not exempt you from liability.
3.7b IXIY Hosting reserves the right to financially penalise any customer violating this agreement. The amount the customer is penalised is determined by IXIY Hosting. The customer agrees to pay all financial penalties placed by IXIY Hosting in full and within 30 days.
3.8 Email abuse - Unsolicited Commercial Email (‘Spam’) is implicitly forbidden. This is considered server abused and is grounds for immediate termination.
3.9 Trafficking of illegal content - in the same way that storing illegal content on your account is banned, likewise is the utilization of your account to traffic illegal content, by any means or method, it must not reside on nor pass through a IXIY Hosting servers.
3.10 IRC sessions - Using IXIY Hosting Hosting servers to run an Internet Relay Chat (IRC) session is grounds for immediate termination. This includes the use of BNC and other redirection servers to indicate a source address on any IXIY Hosting Hosting server. Running IRC from our servers makes them targets for attack. Don’t run IRC sessions, IRC bots, IRC servers or IRC proxies. IRCs, Chat Rooms, MUDs, etc. Also software used in the maintaining of an IRC connection (daemons), ‘bouncers’, ‘eggdrops’ and the like are strictly prohibited.We will give no warning before terminating this activity and the account responsible.
3.11 Hacking / Denial of Service - Network activity that constitutes an attack on any internet host from a IXIY Hosting is grounds for immediate termination of likely prosecution.
3.12 Proxy websites and such are prohibited.
3.13 IXIY Hosting backs up data for its own use and disaster recovery. IXIY Hosting makes it backups to an offsite location. We do not make any guarantees on the integrity and reliability of the backups. The customer is encouraged to make their own backups.
3.14 IXIY Hosting guarantees a 99.8% server uptime to shared hosting customers. The following credit schedule applies:
99.50 - 99.79 = 30% service credit
99.00 - 99.49 = 50% service credit
98.00 - 98.99 = 80% service credit
95.00 - 97.99 = 100% service credit
3.14a Customers claiming credit under our uptime guarantee must do so by opening a ticket within 72 hours of the incident with their username, main account domain and latest order number. All requests after 72 hours of the downtime incident happening will be void.
3.15 IXIY Hosting has the final say and will determine the uptime of our servers and will base its uptime on our own monitoring systems. External monitoring statistics set up by customers will not be considered as evidence of uptime/dowtime.
3.16 Only one promotion can be used when ordering. Multiple promotions cannot be combined together and used together. Only one promotion per paying account. IXIY Hosting reserves the right to refuse a promotion to a customer.
3.16a IXIY Hosting reserves the right to revoke a promotion already being used or a new promotion introduced with or without prior notice.
3.16b IXIY Hosting reserves the right to reduce the advertised time of the promotion running time with or without prior notice.
4.1 All charges payable by you for the Services shall be in accordance with the scale of charges and rates published from time to time by us on our web site and shall be due and payable in advance of our service provision. We reserve the right to change pricing at any time although all pricing is guaranteed for the period of pre payment.
4.2 Payment is due each anniversary month, quarter or year following the date the Services were established until closure notice is given. If you choose to pay by credit or debit card you authorize IXIY Hosting to debit your account renewal fees from your card.
4.3 All payments made online must be in US Dollars.
4.4 Without prejudice to our other rights and remedies under this Agreement, if any sum payable is not paid on or before the due date, we shall be entitled forthwith to suspend the provision of Services to you.
4.5 IXIY Hosting provides a 3-day no interest credit period to the customer to allow resolution of any payment issues. IXIY Hosting reserves the right to reduce the credit period time at its own discretion at anytime. IXIY Hosting reserves the right to impose a late fee of no more than $5 for unagreed late payments.
4.6 IXIY Hosting will suspend your account if outstanding bills have not been paid in within 5 days. IXIY Hosting reserves the right to suspend the account.
4.6a If after 7 days outstanding bills owed to IXIY Hosting have not been paid in full and no further credit arrangements have been made, IXIY Hosting will terminate all hosting accounts and deactivate all other services purchased through IXIY Hosting until all owed amounts have been paid in full.
4.7 After account suspension, IXIY Hosting will not provide you with any account backups unless the full outstanding bill has been paid in full before backups are deleted.
4.8 IXIY Hosting reserves the right to impose a re-activation fee for accounts that have been suspended
4.9 IXIY Hosting reserves the right to impose a late fee for circumstances where your bill has not been paid in full and on time
5.1 If you fail to pay any sums due to us as they fall due, we may suspend the Services and/or terminate this Agreement forthwith without notice to you.
5.2 If you break any of these terms and conditions we may suspend the Services and/or terminate this Agreement forthwith without notice to you.
5.3 If you are a company and you go into insolvent liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors, we shall be entitled to suspend the Services and/or terminate this Agreement forthwith without notice to you.
5.4 No refunds will be made for Services suspended in accordance with 5.1, 5.2 and 5.3.
5.5 We reserve the right to suspend the Services and/or terminate this Agreement at any time. In the event of this, You will a be entitled pro rata refund based upon the remaining period of membership.
5.6 You may cancel the Services at any time by logging into the Ticket Desk Support System (for verification) and requesting cancellation of services.
5.7 During the first 7 days of Services, you are entitled to a refund of fees paid with the exclusion of domain name registration, data transfer fees, and excessive support requests should you decide to cancel the Services for just cause. IXIY Hosting shall be the sole arbitrator as to the validity of your claim of just cause and will subtract the aforementioned fees from any money due.
5.7.1 You will not be entitled to a refund on these basis if you have previously had an account with IXIY Hosting under any plan or service.
5.7.2 Allow 30 (thirty) days for refund payments to process. If you have not received refund within this time allotment; please contact us.
5.8 Where payment has been made by credit or debit card, any refund will only be issued to the same credit or debit card.
5.9 On termination of this Agreement or suspension of the Services we shall be entitled immediately to block your Web Site and to remove all data located on it.
6.1 You shall indemnify us and keep us indemnified and hold us harmless from and against any breach by you of these terms of business and any claim brought against us by a third party resulting from the provision of Services by us to you and your use of the Services and the Server including, without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred by us in consequences of your breach or non-observance of this Agreement.7. Limitation Of Liability
7.1 All conditions, terms, representations and warranties relating to the Services supplied under this Agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded, subject always to sub clause.
7.2 Nothing in these terms and conditions shall exclude our liability for death or personal injury resulting from our negligence.
7.3 Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by you in respect of the Services which are the subject of any such claim.
7.4 In any event no claim shall be brought unless you have notified us of the claim within one year of it arising.
7.5 In no event shall we be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.
7.6 You are responsible for monitoring Bandwidth and Disk space usage of your site. This is easily done from your Control Panel. If you go over the amount indicated in your current plan; you will assessed a surcharge as set forth in our pricing structure.
8.1 Any notice to be given by either party to the other may be sent by either email, fax or recorded delivery to the address of the other party as appearing in this Agreement or ancillary application forms or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error free transmission report, or if sent by recorded delivery shall be deemed to be served two days following the date of posting.9. Support
9.1 On our site you will find links to all the information to get your web site up and running. All information pertaining to your account should have been included in the Welcome Letter you received when we created your account. If you did not receive a welcome letter email, please contact our Support Team. There are several reasons an email may not reach you; first and foremost is if the domain you have contracted services for is the same domain your welcome email was sent to.
9.2 The support feature of our service at present time consists of our Support System solving server related problems only.
9.2.1 If you require support for your scripting, there are several online tutorials available we can help you find. You may purchase our technicians‘ services at the rate of $40 per hour, with one half hour minimum billed. We reserve the right to waive this fee at any time.
9.2.2 IXIY Hosting has the final say and will determine our best effort in providing free custom support for Wordpress blog.
9.2.2a IXIY Hosting reserves the right to refuse the request for free Wordpress blog custom support.
9.2.2b IXIY Hosting reserves the right to revoke custom support for free Wordpress blog with or without prior notice.
9.3 Support can only be addressed in English through our Support System.
9.4 All Support requests are to be processed through our Support System. Any other request for support, except as noted in Section 9.5, will be considered a breach of our TOS.
9.5 In the event of a server outage or other such emergency, you are free to contact us in any manner.
10.1 Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.11. Torturous Conduct
11.1 No one shall post defamatory, scandalous, or private information about a person without their consent, intentionally inflicting emotional distress, or violating trademarks, copyrights, or other intellectual property rights.
11.2 Any abuse towards any IXIY Hosting employee will not be tolerated. You are expected to request and respond to support and other issues in a professional manner. When emailing IXIY Hosting or utilizing the Ticket Desk Support System, refrain from using caps, exclamation points, and other forms of written yelling. Any cursing, yelling, or further intentional disruptive behavior aimed at IXIY Hosting or it&rsqou;s employees shall be considered a violation of this TOS.
11.3 Any threat; whether verbally, orally, written, or delivered by second parties directed towards IXIY Hosting or any of it&rsqou;s employees, partners, equipment, and concerns shall be construed as a violation of this TOS.
11.4 Any conduct viewed as violating this section shall be considered a violation of this TOS. IXIY Hosting will be the sole arbitrator in regards to what is deemed a violation.
11.5 No refunds shall be given when the contents of this section necessitates removal of the account.
12.1 These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement.
12.2 IXIY Hosting reserves the right to amend these TOS at any time.
12.3 It is your responsibility to check these Terms of Service on occasion for any such amendments.
IXIY Hosting » Acceptable Use Policy
In order to provide a professional service, we have set up a few guidelines for users of our service. Some of these guidelines may seem strict, but they ensure a safe, functional, and trusted environment for all our customers to publish their information on the Web.
Many of our competitors do not require their customers to comply with these guidelines. If any of our potential customers are unwilling or unable to comply with these guidelines, we respectfully invite them to visit one of our competitors.
Web and FTP Site Content Policies:
We do not allow any of the following content to be published on any of our servers:
- Content of a pornographic, sexually explicit, or adult nature.
- Content of an illegal nature (including copyrighted material).
- Pirated software sites Hate sites or content that could be reasonably considered as slanderous or libellous IXIY Hosting representatives will decide upon content that is questionable regarding any of the aforementioned criteria.
- Users posting any of the above content on their sites may have their Web and/or incoming anonymous FTP services temporarily suspended. They will then be contacted by IXIY Hosting and given the opportunity to remove the content in question before having their services reinstated. A repeated offense may cause cancellation of service without refund of any fees.
Email Usage Policies:
IXIY Hosting does not support unsolicited email messages sent by users of our system (also known as junk email or SPAM). Users sending unsolicited email messages from our system will have all of their services temporarily suspended. They will then be contacted by IXIY Hosting and informed of the suspension before having their services reinstated. A repeated offense may cause cancellation of service without refund of any fees. IXIY Hosting does not allow any hosting account to give out free or paid email hosting on a public level. Reseller accounts are exempt from this, however spam guidelines still apply. It is up to the reseller to monitor and control outgoing junk email/spam.
Customers caught using our system for illegal activities, including but not limited to breaking into remote systems, credit card fraud, theft, vandalism, threats, or violence, will have their accounts immediately cancelled without refund of any fees.
Right To Refuse Service:
IXIY Hosting reserves the right to refuse service to anyone for any reason. We enforce this policy to ensure a professional environment for the users of our system. This includes any programs, such as CGI programs that are using excessive amounts of system resources. Excessive amounts is defined as any amount that results in substantial degradation of server performance. IXIY Hosting is the sole determinant of what constitutes degraded server performance. On some occasions, we allow heavy usage depending on the situation. However, additional fees may apply.