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| Terms of Service |
All users of Hostlx services, and all customers upon signing up for Hostlx services, agree to comply with Hostlx Terms of Use ("TOU"). The spirit of the TOU is to ensure customers are using Hostlx services with due regard to the rights of other Internet users and in conformity with the requirements of Hostlx network environment. The TOU are not exhaustive and Hostlx reserves the right to add, delete, or modify any provision of its TOU at any time without notice, effective upon either the posting of the modified TOU to hostlx.com or notification of the modified TOU. Any complaints about a customer's violation of the TOU should be sent to abuse@hostlx.com
When you agree to the terms, you are also agreeing to our Billing terms. Click here for more info on our billing terms. Except when expressly agreed to the contrary in writing by an authorized representative of Hostlx, this TOU supersedes any other agreement with Hostlx, whether written, oral, by conduct, or otherwise.
Any breach of this agreement by an individual purchasing or utilizing services by Hostlx.com, may result in the services of the individual being suspended or terminated with or without notice. |
| Hostlx Web Hosting Customer Restrictions |
| 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 reduce the resources used to an acceptable level. Hostlx will be the sole arbiter of what is considered to be a high server usage level. Please see our Abuse Terms for a detailed listing of our resources. Any Web Hosting account deemed to be adversely affecting server performance or network integrity would be suspended without prior notice. |
| Unacceptable Sites |
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| Hostlx considers certain material to be unacceptable. If unacceptable material is found on a Site, or is linked to
by a Site, the Account will be suspended and/or terminated as determined by an Employee. Examples of unacceptable material include, but are not limited to: |
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Pornographic or adult material |
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Upload services of any kind |
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Fraudulent activities of any kind |
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Spiders of any kind |
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IRC and IRC related tools |
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Computer viruses/malicious software of any kind |
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Copyrighted material without explicit consent to use and/or distribute |
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Proxy scripts or services |
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Network/computer scanning or attack software |
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Ponzi or pyramid schemes |
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Exploits |
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Pharmacy or pharmacy-like services |
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Software licenses, license generation software, software “cracks” |
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Racist, hateful, or harassing content |
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Site mirroring |
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Hacking related information or services |
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| Spamming |
| Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming") is prohibited, regardless of whether or not it overloads a server or disrupts service to Hostlx customers. The term "spamming" also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a Web site hosted on a Hostlx server, and selling or distributing software (on a Web site residing on a Hostlx server) that facilitates spamming. Violators will face immediate suspension. Hostlx reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision. |
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| Uptime Guarantee |
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| Hostlx.com guarantees that your website will be up and running at least 99.5% of the time during any given 12-month period. This guarantee includes network uptime, server uptime, web server and service uptime. It does not cover any areas where Hostlx.com has no direct influence, such as backbone provider failures, fibre-optic main line cuts, DNS or Domain Registrar issues with subscriber's domain name, connection issues between the client's location and Hostlx.com data center. This uptime guarantee is also not applicable if external issues such as Acts of God, Wars or any other natural or unnatural events that Hostlx.com cannot directly influence caused the service interruption. |
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| Ownership of Web Site |
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| The legal owner of customers' Web sites and accounts with Hostlx will be the individual or organization whose name is listed in Hostlx database as the owner. Customers will fully cooperate with and abide by any and all of Hostlx security measures and procedures in the event of any dispute over ownership of customers' Web sites and accounts with Hostlx. |
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| Illegal Use |
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| Hostlx 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, or that may directly facilitate the violation of any particular 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. Additionally, in purchasing Hostlx services, all Hostlx customers certify that they and/or the organization they represent in procuring services from Hostlx are not, nor have been designated, a suspected terrorist as defined in Executive Order 13224; are not owned or controlled by a 'suspected terrorist' as defined in Executive Order 13224; and are not on, are not a member of, related to, associated with, or controlled by any organizations on the list contained in the Annex to Executive Order 13224 and all updates thereto. |
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| Pornography and Child Pornography |
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| The use of Hostlx services to store, post, display, transmit, advertise or otherwise make available child pornography is strictly prohibited. Hostlx is required by law, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, its services. |
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| Indemnification |
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| Hostlx customers agree to protect, defend, hold harmless, and indemnify Hostlx, any third party entity related to Hostlx (including, without limitation, third party vendors), and Hostlx executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, and affiliates, from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses, arising out of or resulting in any from the customer's use of Hostlx services. |
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| Disclaimer |
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| The Hostlx 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. Hostlx expressly disclaims any representation or warranty that the Hostlx service will be error-free, secure or uninterrupted. No oral advice or written information given by Hostlx, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. Hostlx 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. |
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Limitation Of Liability
To the maximum extent permitted by applicable law, in no event, and under no theory of law or equity, will hostlx (including, without limitation, hostlx's executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, affiliates, third-party providers, merchants, licensors, or the like) or anyone else involved in creating, producing, or distributing hostlx's services, be liable for the loss of a domain name, or any business or personal loss, revenues decrease, expenses increase, costs of substitute products and/or hostlx services, or any other loss or damage whatsoever, or for any consequential, special, incidental, punitive or indirect damages of any kind arising out of any use of, or any inability to use, any hostlx services even if hostlx has been advised of the possibility of such damages.
Hostlx's total cumulative liability, if any, to customer, or any third party, for any and all damages, related to the TOU or hostlx's services, including, without limitation, those from any negligence, any act or omission by hostlx or hostlx's representatives, or under any other theory of law or equity, will be limited to, and will not exceed, the actual dollar amount paid by the customer for the services which gave rise to such damages, losses and causes of actions during the 3-month period prior to the date the damage or loss occurred or the cause of action arose. |
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| Modifications |
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| Hostlx may discontinue, upgrade, replace, modify, or change in any way, without limitation, any software, application, program, data, hardware, equipment, or portions or components thereof, used to provide customers with Hostlx services. Certain changes to Hostlx services may affect the operation of customers personalized applications and content. Each customer is solely responsible, and Hostlx is not liable, for any and all such personalized applications and content, except as expressly agreed to by Hostlx. |
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| Backup of Data |
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Except where Hostlx has expressly agreed in writing to the contrary, customers are solely and entirely responsible, and Hostlx is in NO way responsible, for the management and backup of all customer data, and all updates, upgrades, and patches to any software that customers use in connection with Hostlx services. Hostlx servers are also NOT TO be used as a backup storage and are only indented for hosting web files.
Backups are not to be stored on the Servers, whether the backup contains files from other systems, or files from content hosted on the Service. Any backup created of content on the Servers with the intention of being copied to a new medium off of the Services must be removed from the Servers within one week of the creation of the file. Any backups discovered that are in violation of this section will be removed by an Employee without notice. |
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| Governing Law and Severability |
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| The TOU and any other agreement for Hostlx services, will be governed by and construed in accordance with the laws of the USA and India without reference to its conflicts of laws principles. Any litigation or arbitration between a customer and Hostlx will take place in India, and the customer will consent to personal jurisdiction and venue in that jurisdiction. If any provision or portion of the TOU or other Hostlx agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of the TOU or the agreement will continue in full force and effect. |
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| Independent Contractors |
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| Nothing in this Agreement will be construed as creating a partnership or relationship of employer and employee, principal and agent, partnership or joint venture between Hostlx and its customers. Each of Hostlx and its customers will be deemed an independent contractor at all times and will have no right or authority to assume or create any obligation on behalf of the other, except as may be expressly provided herein. |
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| Construction and Interpretation |
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| Wherever in this TOU the masculine, feminine, or neuter gender is used, it will be construed as including all genders, and wherever the singular is used, it will be deemed to include the plural and vice versa, where the context so requires. The division of the TOU into sections/paragraphs, and the insertion of headings/captions, are for convenience of reference only and will not affect the construction or interpretation of the TOU. Any rule of construction to the effect that any ambiguity is to be resolved against the drafting party will not be applicable in the construction or interpretation of the TOU. |
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| Complete Agreement and Exclusivity |
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| The TOU, and/or any other specific agreement for Hostlx services, constitutes the complete understanding and agreement between Hostlx and its customers. Except when expressly agreed to the contrary in signed writing by an authorized representative of Hostlx, the TOU supersedes any other written (including digitized/computerized) agreement, oral agreement, and/or agreement by conduct. This TOU, and/or any other specific agreement for Hostlx services is between Hostlx and its customers only and will not confer any rights in any third party except as otherwise expressly provided by Hostlx. |
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| Refusal of Service |
| We reserve the right to refuse service at our sole discretion. All sub-networks, distributive hosting sites of Hostlx.com must adhere to the
said policies. |
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| Billing and Renewal Terms |
| We list out a complete and detailed term for our billing terms. Click here for more info on our billing terms. |
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| Third Party Providers |
| You agree that certain services may be provided by third party providers of Hostlx and that your use of such services may be subject to further agreements, policies, terms, and conditions in addition to those contained or referenced in this Agreement. |
| Last Updated On:
14/02/2011 |
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