You must agree to the below terms of service before you can create your HX-GROUP Web Hosting account. Our shopping cart will not permit you to make any purchases unless you agree to the below terms of service.
Our terms of service (TOS) are designed to provided to our customers a clear and transparent understanding of what we expect of them while they are using our service(s). The use of HX-GROUP service(s) represents your acceptance and agreement to HX-GROUP’s (TOS), regardless of whether you have read them or not.
If a HX-GROUP Web Hosting account is used to violate our (TOS) we reserve the right to cease your service without notice. We prefer to advise customers of inapt activities and any necessary corrective action. However, blatant violations of the (TOS) will result in instantaneous termination of service. Our failure to implement this policy, for whatever reason, shall not be interpreted as a waiver of our right to do so at any time.
As a member of our hosting community, you must use your hosting account access ethically and responsibly.
1) ACCOUNT SETUP
We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. All new orders are usually activated instantly. If you have not been activated within this time frame, please click here to contact our billing department.
2) CONTENT & ACTIVITIES
All services provided by HX-GROUP Web Hosting may only be used for lawful purposes. This includes, but not limited to: copyrighted material, material we judge to be threatening or obscene. The customer agrees to indemnify and hold harmless HX-GROUP from any claims resulting from the use of our services. Examples of Totally Unacceptable material: IRC Bots. Warez Sites. MP3's (unless You are the Artist). Password sharing sites. Sites that run any type of proxy script. Pirated Software. Hacked programs and archives.
2.1) Distribution of Malicious Code: Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data and/or computer systems are prohibited. Examples of this are computer viruses, Trojan-horse programs and Internet-based worms. Such an offense will result in the immediate termination of the offending account.
2.2) Infringement Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right: Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated. It is not permitted to use of the HX-GROUP to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources and the unauthorized transmittal of copyrighted software.
2.3) File Hosting File hosting and file storage of any type is strictly prohibited on any and all servers within the HX-GROUP Web Hosting network. You MAY NOT use your HX-GROUP account as a download or file storage repository. Our services are strictly offered for website hosting only. This does NOT mean that you can not have downloads on your site. This means you can not operate a site that specializes in downloads like Download.com or similar and you may not use your HX-GROUP account as storage repository for MP3, games, video, photos, images, audio or music files. Your account may not exceed 10% of used space in MP3, games, video, photos, images, audio or music files.
3) SPAM / EMAIL POLICY
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists” and “double Opt-in” will be treated as spam. Any user who sends out spam will have their account terminated without notice. HX-GROUP Web Hosting reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with this policy, at its sole discretion. HX-GROUP also reserves the right to make any such modifications in an emergency at our sole discretion. HX-GROUP reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is left entirely to the discretion of HX-GROUP. Bulk Email / Mass Email scripts of any type are not permitted on any HX-GROUP server. The send mail rate on all HX-GROUP servers is capped at 300 emails per hour per account, any more than this will be bounced back to the sender. If you require more than this, please open a support ticket stating the reason why the 300 limit should be raised on your account and the EXACT source of your mailing list.
3.1) Usenet Spamming
HX-GROUP Web Hosting has a zero tolerance policy for the use of its servers for the posting of messages or commercial advertisements, which violate the rules, regulations, FAQ or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.
4) PAYMENT INFORMATION
You agree to supply appropriate payment for the services received from HX-GROUP Web Hosting, in advance of the time period during which such services are provided. You agree that until and unless you notify HX-GROUP of your desire to cancel any or all services received, those services will be billed on a recurring basis.
5) BACKUPS AND DATA LOSS
Shared Web Hosting
Your use of the HX-GROUP Shared Web Hosting service is at your sole risk. HX-GROUP is not responsible for any and all files and data residing on your account on our servers. HX-GROUP does not maintain backup copies of customers web sites, data bases or e-mail. HX-GROUP cannot guarantee that the contents of a Web site will never be deleted or corrupted, or that a backup of a web site will always be available. You agree to take full and sole responsibility for any and all files and data transferred to our servers and to maintain all appropriate backups of any any and all files and data stored on any HX-GROUP server to which you have an account on.
Cloud Web Hosting
Your use of the HX-GROUP Cloud Web Hosting will guarantee for youre site, backups, emails and files availability of 100%, 24/7/365. HX-GROUP maintain backup copies of customers web sites, data bases or e-mail. HX-GROUP can guarantee that the contents of a Web site will never be deleted or corrupted, or that a backup of a web site will always be available. We agree to take full and responsibility for any and all files and data transferred to our servers and to maintain all appropriate backups of any and all files and data stored on any HX-GROUP server to which you have an account on.
5.1) Termination of Data and Customer Privacy
For your privacy, all data and files from terminated and canceled accounts are immediately deleted and purged from our servers. This includes any and all back ups. Please make sure to back up all your files and data before canceling your HX-GROUP account.
5.2) Emergencies and Special Situations
We reserve the right to take any proactive steps we deem necessary to maintain the security, connectivity, performance and services of our network, infrastructure and customers, including but not limited to actions requiring us to deactivate web sites, shut down our network, or review the content on web sites to evaluate the reason for perceived behaviors. In rare instances, we may need to completely delete a web site or account because of some significant failure, security breach or other emergency. In such cases, we do our best to backup a deleted web site, but we cannot ever guarantee a full restore of a web site.
5.3) Account Security
Misuse of your account is your sole responsibility, even if your friends, family member, guest, or employee committed the activity. Henceforth, you must take actions to ensure that others do not gain access, which you do not approve of, to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Your password provides access to your account. It is your responsibility to keep your password secure. We are not responsible for ANY misuse of your account due to the authorized or unauthorized distribution of your password. Sharing your password and account access with unauthorized users is prohibited. You should take precautions to prevent others from using your account since you will be held responsible for such use. Attempting to obtain another user’s account password is strictly prohibited and may result in termination of service. You must adopt adequate security measures to prevent or minimize unauthorized use of your account. Users who violate systems or network security may incur unlawful or civil liability. HX-GROUP will oblige fully with examinations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.
You may cancel your HX-GROUP account at any time you desire. If you joined HX-GROUP via the yearly payment option and you cancel before the year has expired. Your HX-GROUP account will remain active until exactly 365 days have passed from the date of your last yearly Payment. After which it will be terminated unless you renew your billing before the 365 days has expired. If you joined HX-GROUP via the monthly payment option. Your account will be terminated 30 days after your last payment was received by HX-GROUP. HX-GROUP will treat all files and data of terminated accounts exactly as outlined in the above clause 5.1.
6.1) Cancellation for lack of payment
Any account that has unpaid invoices that are more than 3 days outstanding will be suspended. Inovice that are more than 15 days outstanding will be terminated.Before HX-GROUP will terminate any account for lack of payment, HX-GROUP will send email to the account holder. HX-GROUP will treat all files and data of terminated accounts exactly as outlined in the above clause 5.1.
7) REFUSAL OF SERVICE
HX-GROUP reserves the right to refuse service at its discretion. HX-GROUP will treat all files and data of terminated accounts exactly as outlined in the above clause 5.1.
8) RESOURCE USAGE
Users may not initiate the following:
a) Use 5% or more of system resources (This included CPU and memory) There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc. If this clause is breached it will trigger an auto kill failsafe mechanism on the server which will auto suspend the violating account.
b) Run any type of interactive real-time chat applications that require server
resources. Remotely-hosted services are permitted.
c) Run stand-alone, unattended server-side processes at any point in time
on the server. This includes any and all daemons, such as IRCD.
d) Run any software that interfaces with an IRC (Internet Relay Chat) network.
e) Offer services to third parties that are run off of HX-GROUP’s servers.
f) Run any gaming servers or games scripts for single or multi player games.
g) Run an email server offering free or paid email accounts to the general public.
Example: Hotmail, Yahoo Mail, GMail ,etc…
H) Operate a online radio and or movie service that uses our servers.
9) PRICE CHANGE
The amount you pay for hosting will never increase from the date of purchase. We reserve the right to change prices listed on HX-GROUP, and the right to increase the amount of resources given to plans at any time.
9.1) Auto Rebilling
For your convenience your HX-GROUP account will auto rebill on a monthly, annually or tri-annual basis, (depending on which billing package you have selected at time of purchase). If you do not want your account to auto rebill, you must notify us at least 2 calendar days (48 hours) before the date that the re-billing is due to take place. Failure on your part to notify us of your desire not to be rebilled, will result in your account being rebilled and you agree to hold harmless and indemnify HX-GROUP from any and all claims of wrongful billing.
HX-GROUP will not be responsible for any damages your business may suffer. HX-GROUP makes no warranties of any kind, expressed or implied for services we provide. HX-GROUP disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non deliveries, hardware and software failures, hacking, sabotage, terrorist attacks, wrong delivery, Force Majore and any and all service interruptions caused by HX-GROUP and its employees.
11) CHANGES TO THE (TOS)
HX-GROUP reserve the right to revise, alter and update the above (TOS) without notice at anytime at its sole discretion and can apply any and all changes and updates retroactively.