Upon signing up for TuXs' services, all
customers agree to comply with TuXs' Terms of
Use. The spirit of this policy is to ensure our
customers are using TuXs' services with due regard
to the rights of other Internet users and in
conformity with the requirements of Sh3lls.Net's
network environment.
Refund Policy
Customer has seven days to do a "trial
version" with our package. In these seven
days period the customer has the right to cancel
or demand a full refund if they are not satisfy
with the service. However, after exceeding this
seven day period the customer will not be entitled
to a full refund and they will be billed until
a cancellation is incited. However, customers
are entitled to a pro rate refund for any unused
days in a given month. This refund policy applies
to only TuXs Web hosting Services. It does not
applies to domain registration, as there is no
refund in case of domain registration.
Illegal Use
TuXs servers may be used for lawful purposes
only. Transmission, storage, or distribution
of any information, data, or material in violation
of any applicable law or regulation is prohibited.
This includes, but is not limited to: copyrighted
material; trademarks; trade secrets or other
intellectual property rights used without proper
authorization; material that is obscene, defamatory,
constitutes an illegal threat, or violates export
control laws. Examples of unacceptable content
or links include: pirated software, hacker programs
or archives, Warez sites, MP3.
Adult Content
Due to the special system and network requirements
of adult-oriented sites, pornography and sex-related
merchandising are allowed only after prior permission
from TuXs. This includes sites that may infer
sexual content or provide links to adult content
elsewhere. This is also true for sites that promote
any illegal activity or content that may be damaging
to our servers or any other server on the Internet,
or provide links to such sites.
Security
Violations of system or network security are
prohibited and may result in criminal and civil
liability. Examples include but are not limited
to the following: unauthorized access, use, probing,
or scanning of systems security or authentication
measures, data, or traffic; interference with
service to any user, host, or network including,
without limitation, mail bombing, flooding, deliberate
attempts to overload a system, broadcast attacks;
forging of any TCP-IP packet header or any part
of the header information in an email or a newsgroup
posting.
Server Resources
Any web site that uses a high amount of server
resources (such as, but not limited to, CPU time,
memory usage, and network resources) will be
given the option to either pay additional fees
(which will depend on the resources required),
reduce the resources used to an acceptable level,
or upgrade its service to a Dedicated Server
plan. TuXs shall be the sole arbiter of what
is considered to be a high server usage level.
Any web hosting account deemed to be adversely
affecting server performance or network integrity
will be shut down without prior notice.
IRC
TuXs does not allow IRC or IRC bots to be operated
on our the web hosting servers. But allowed on
the irc/shell servers.
UCE (Unsolicited Commerce Email) - SPAM
Spamming, the sending of unsolicited mass email
from or through a TuXs server or using an email
address that is maintained on a TuXs machine
is STRICTLY prohibited. TuXs will be the sole
arbiter as to what constitutes a violation of
this provision. Customers are also in violation
of this provision if they engage in spamming
using the service of another ISP or IPP, but
channel activities through a TuXs server as a
mail drop for responses. Violators will be assessed
a minimum fine of $500 and will face immediate
suspension.
Server Abuse
Any attempts to undermine or cause harm to a
TuXs server or customer are strictly prohibited.
Service Availability
Our server will maintain a 99.9% uptime, if this
uptime is not met, TuXs may allow a service refund
at our discretion, and upon client request. TuXs
however cannot be held responsible for network
issues between your location and the server.
We shall have the right to suspend the Services
at any time and for any reason without notice,
but if such suspension lasts or is to last for
more than 30 days you will be notified of the
reason.
The Services provided to you hereunder and
your account with us cannot be transferred or
used by anyone other than you. No more than one
login session under any one account may be used
at any time by you. User programs may be run
only during login sessions. If your account is
found to have been transferred to another party,
or shows other activity in breach of this sub
clause, we shall have the right to cancel the
account and terminate the Services and/or this
Agreement immediately.
Server Backups
Most of our servers are provided with backup
equipment and automated procedures. For liability
reasons we cannot guarantee these backups at
any given point in time. Backups are typically
made on a secondary hard drive on the same server,
therefore cannot be stored off site.
If restoration of files, or database is required,
please submit a support request. Restore request
may take more time than most other support requests.
We offer up to two free, full, or partial restores
per client, per month. Resellers with many customers
may be allotted more at TuXs's full discretion.
Sub-Accounts and Reseller Accounts
Multi-Domain and Reseller accounts are for
all legal purposes synonymous. A reseller may
create sub-accounts within his/her own domain
space, and sub-lease this space. The reseller
account becomes the parent account to the sub-account.
It is the responsibility of the reseller to
supply technical support to their own clients.
TuXs and it's agents, will not supply technical
support to the clients of our resellers without
prior arrangements.
A reseller must take full responsibility for
their own payments to TuXs regardless of their
payment arrangements with their own clients.
All users on TuXs servers are required to follow
the rules in this Terms of Service. A reseller
may, impose more restrictive rules on their own
clients, but not less restrictive.
Legal
TuXs expects that its subscribers who provide
Internet services to others will comply fully
with all applicable laws concerning the privacy
of on-line communications. A subscriber's failure
to comply with those laws will violate TuXs policy.
Finally, TuXs wishes to emphasize that in signing
the service agreement, subscribers indemnify
TuXs for any violation of the service agreement,
law, or TuXs policy, that results in loss to
TuXs or the bringing of any claim against TuXs
by any third-party. This means that if TuXs is
sued because of a subscriber's or customer of
a subscriber's activity, the subscriber will
pay any damages awarded against TuXs , plus costs
and reasonable attorneys' fees.
Actions Taken by TuXs
The failure by a customer to meet or follow any
of the above Terms of Use is grounds for account
deactivation. TuXs will be the sole arbiter as
to what constitutes a violation of the Terms
of Use. TuXs reserves the right to remove any
account without prior notice.
When TuXs becomes aware of an alleged violation
of its Terms of Use, TuXs will initiate an investigation.
During the investigation, TuXs may restrict a
customer's access in order to prevent further
potentially unauthorized activity. Depending
on the severity of the violation, TuXs may, at
its sole discretion, restrict, suspend, or terminate
a customer's web hosting account and/or pursue
other civil remedies. If such violation is a
criminal offense, TuXs will notify the appropriate
law enforcement authorities of such violation.
TuXs does not issue credits for outages incurred
through service disablement resulting from Terms
of Use violations.
Limitation Of Liability
TuXs customers agree to indemnify and hold
harmless TuXs from any claims resulting from
the use of our services that damages them or
any other party. The TuXs service is provided
on an as is, as available basis without warranties
of any kind, either express or implied, including,
but not limited to, warranties of merchantability,
fitness for a particular purpose or non-infringement.
TuXs expressly disclaims any representation or
warranty that the TuXs service will be error-free,
secure or uninterrupted. No oral advice or written
information given by TuXs, its employees, licensors
or the like, will create a warranty; nor may
you rely on any such information or advice. TuXs
and its partners and suppliers will not be liable
for any cost or damage arising either directly
or indirectly from any transaction or use of
the service.
Modification
TuXs reserves the right to add, delete, or modify
any provision of its Terms of Use at any time
without notice.
Last
Updated: 17/06/2010 |
