All customers must agree to comply with Naxtor-Host TM Terms and Conditions of Use prior to sign up. This policy was created to ensure that all of our customers receive equally high quality service.
Money-back Guarantee (contact email: info@naxtor-host.net)
We offer Conditional 30-day money back guarantee. Condition is a demonstrated failure on our part to provide the service you signed up for. We do not offer an "unconditional" money back guarantee. to prevent spammers from entering our system. You must request your claim at least 7 days before the end of the first month.
Billing Policy (contact email: billing@naxtor-host.net)
Recurring charges will occur at the beginning
of each service cycle(e.g. monthly or yearly)automatically,
unless otherwise agreed upon. All transactions
are handled by our partner paypal for us. All
transactions are in US dollars even though may
be displayed in other currencies. If you exceed
resources like space and bandwidth allocated
to you will be charged for the additional usage;
alternatively you can choose to upgrade to the
next plan.
Service Cancellation (contact
email: billing@naxtor-host.net)
You can choose to cancel our service at any
moment. If it is within first month of sign
up you will receive a full refund (see Money
back Guarantee. above) excluding any overage
charges, setup fees and addon charges. You must
email billing@naxtor-host.net
for Account cancellation for cancellation. We
reserve the right to cancel service at any time.
Non-payment (contact email: billing@naxtor-host.net)
Failure to pay the amount due in full within one week of due date will result in suspension of the account and failure to do so within 2 weeks from due date will result in termination in the account, unless otherwise agreed upon.
Uptime Guarantee
Our servers in most cases boast a 100% uptime. However if our uptime falls below 99.8% due to a fault on our end or due to the "acts of nature", and you bring that to our notice within 3 days of occurrence we will refund an equivalent of 2xdowntime subject to a maximum of your recurring service charge. Scheduled downtime for maintenance is not regarded as downtime.
CGI Scripts
Any CGI-scripts deemed to be adversely affecting server performance or network integrity will be shut down without prior notice.
Adult or Illegal Content
Due to the high system and network
demands of adult-oriented sites or links, pornography
and sex-related merchandising are prohibited.
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.
Unsolicited Email -
SPAM
Spamming, the sending of unsolicited mass email from or through a Naxtor-Host TM server or using an email address that is maintained on a Naxtor-Host TM machine is STRICTLY prohibited. Naxtor-Host TM 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 Naxtor-Host TM server as a mail drop for responses. Violators will be assessed a minimum fine of $200 and/or immediate suspension of service.
OWNERSHIP OF INTELLECTUAL
PROPERTY; CONFIDENTIALITY
It is understood and
agreed that during the term of this agreement
and thereafter you may come into possession
of information which is the confidential and
proprietary to Naxtor-Host TM. You
agree to the fact:
All rights are reserved and are exclusive to Naxtor-Host TM. No section(s) of the proprietary document may be transmitted, reproduced in any shape or form including electronically, mechanically including recording, photocopying, and/or scanning.
Limited Warranty:
Naxtor-Host TM represents and warrants to Customer that the Services will be performed (a) in a manner consistent with industry standards reasonably applicable to the performance thereof; (b) at least at the same level of service as provided by Naxtor-Host TM generally to its other customers for the same services; and (c) in compliance in all material respects with the applicable Service Descriptions. Customer will be deemed to have accepted such Services unless Customer notifies Naxtor-Host TM, in writing, within thirty (30) days after performance of any Services of any breach of the foregoing warranties. Customer's sole and exclusive remedy, and Naxtor-Host TM's sole obligation, for breach of the foregoing warranties shall be for Naxtor-Host TM, at its option, to re-perform the defective Services at no cost to Customer, or, in the event of interruptions to the Services caused by a breach of the foregoing warranties, issue Customer a credit in an amount equal to the current monthly service fees pro rated by the number of seconds in which the Services have been interrupted. Naxtor-Host TM may provision the Services from any of its data centers and may from time to time re-provision the Services from different data centers.
The foregoing warranties shall not apply to performance issues or defects in the Services (a) caused by factors outside of Naxtor-Host TM's reasonable control; (b) that resulted from any actions or inactions of Customer or any third parties; or (c) that resulted from Customer's equipment or any third-party equipment not within the sole control of Naxtor-Host TM. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, Naxtor-Host TM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES OR ANY SOFTWARE PROVIDED UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AND Naxtor-Host TM HEREBY EXPRESSLY DISCLAIMS THE SAME. WITHOUT LIMITING THE FOREGOING, ANY THIRD-PARTY SOFTWARE PROVIDED TO CUSTOMER HEREUNDER IS PROVIDED "AS IS" WITHOUT ANY CONDITION OR WARRANTY WHATSOEVER. Naxtor-Host TM DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE.
Limitation of Liability:
IN NO EVENT WILL Naxtor-Host TM'S LIABILITY IN CONNECTION WITH THE SERVICES, ANY SOFTWARE PROVIDED HEREUNDER OR ANY ORDER, WHETHER CAUSED BY FAILURE TO DELIVER, NON-PERFORMANCE, DEFECTS, BREACH OF WARRANTY OR OTHERWISE, EXCEED THE AGGREGATE SERVICE FEES PAID TO Naxtor-Host TM BY CUSTOMER DURING THE 12-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.
Naxtor-Host TM CANNOT GUARANTEE CONTINUOUS SERVICE, SERVICE AT ANY PARTICULAR TIME, INTEGRITY OF DATA, INFORMATION OR CONTENT STORED OR TRANSMITTED VIA THE INTERNET. Naxtor-Host TM WILL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO, OR ANY CORRUPTION, ERASURE, THEFT, DESTRUCTION, ALTERATION OR INADVERTENT DISCLOSURE OF, DATA, INFORMATION OR CONTENT TRANSMITTED, RECEIVED OR STORED ON ITS SYSTEM.
EXCEPT AS EXPRESSLY PROVIDED BELOW, NEITHER PARTY SHALL BE LIABLE IN ANY WAY TO THE OTHER PARTY OR ANY OTHER PERSON FOR ANY LOST PROFITS OR REVENUES, LOSS OF USE, LOSS OF DATA OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS, LICENSES OR SERVICES OR SIMILAR ECONOMIC LOSS, OR FOR ANY PUNITIVE, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR SIMILAR DAMAGES OF ANY NATURE, WHETHER FORESEEABLE OR NOT, UNDER ANY WARRANTY OR OTHER RIGHT HEREUNDER, ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OR NON- PERFORMANCE OF ANY ORDER, OR FOR ANY CLAIM AGAINST THE OTHER PARTY BY A THIRD PARTY, REGARDLESS OF WHETHER IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES.
The limitations contained in this Section apply to all causes of action in the aggregate, whether based in contract, tort or any other legal theory (including strict liability), other than claims based on fraud or willful misconduct. The limitations contained in Section 15(c) shall not apply to Customer's indemnification obligations.
Notwithstanding anything to the contrary in this Agreement, Naxtor-Host TM's maximum liability under this Agreement for all damages, losses, costs and causes of actions from any and all claims (whether in contract, tort, including negligence, quasi- contract, statutory or otherwise) shall not exceed the actual dollar amount paid by Customer for the Services which gave rise to such damages, losses and causes of actions during the 12-month period prior to the date the damage or loss occurred or the cause of action arose.
Customer understands, acknowledges and agrees that if Naxtor-Host TM takes any corrective action under this Agreement because of an action of Customer or one if its customers or a reseller, that corrective action may adversely affect other customers of Customer or other reseller customers, and Customer agrees that Naxtor-Host TM shall have no liability to Customer, any of its customers or any Reseller Customer due to such corrective action by Naxtor-Host TM.
This limitation of liability reflects an informed, voluntary allocation between the parties of the risks (known and unknown) that may exist in connection with this Agreement. The terms of this section shall survive any termination of this Agreement.
Indemnification:
Customer agrees to indemnify, defend and hold harmless Naxtor-Host TM and its parent, subsidiary and affiliated companies, and each of their respective officers, directors, employees, shareholders, attorneys and agents (each an "indemnified party" and, collectively, "indemnified parties") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney's fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of or relating to Customer's use of the Services, (ii) any violation by Customer of the AUP, (iii) any breach of any representation, warranty or covenant of Customer contained in this Agreement or (iv) any acts or omissions of Customer. The terms of this section shall survive any termination of this Agreement.
Disclaimer:
You acknowledge and agree that Naxtor-Host TM accepts no responsibility or liability for, and employs no control over, the content of the information passing through Naxtor-Host TM's host servers, network hubs, or the Internet. All services performed thereunder are performed "as is" and without warranty against failure of performance including, without limiting to, any failure due to computer hardware or communication systems. Except as expressly provided in this Agreement, Naxtor-Host TM does not make and hereby disclaims, and you hereby waive all reliance on, any representations or warranties, arising by law or otherwise, in reference to the Plan(s), including, but without limiting to, implied warranties of merchantibility, fitness for a particular purpose, non-infringement, or developing from course of dealing, course of performance, or usage in trade.
