The following Policy is intended for all domains residing on Hostnix, including regular hosting clients, resellers, and their clients. By using Hostnix services, you agree to abide by our policies.

1. CONTENT

     All services provided by Hostnix may only be used for lawful purposes only. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, pornography or material protected by trade secret and other statute. Customer agrees to indemnify and hold harmless Hostnix from any claims resulting from the use of the service that damages the subscriber or any other party.

     Examples of unacceptable content or links: pirated software, wares sites, and hacked programs or archives.

     Hostnix will act as the sole arbiter as to what constitutes a violation of this condition. Hostnix will fully co-operate with the law enforcement in dealing with unlawful activities performed on our network.

2. FEES

     Once an order has been placed though our order form, all customers agree to pay accordingly to what he/she has ordered.

3. PRICE CHANGE

     Hostnix reserve the right to change the price of any services at any time with a 30 days notice to the current customers. Contract pricing customers will not be affected by any price change throughout the contract period.

4. HARDWARE MAINTENANCE

     Hostnix is responsible for Hardware failure for our Virtual servers. We will replace malfunctioning hardware as soon as possible.

5. CUSTOMER SUPPORT

     Customer support are provided through e-mail and online contact forms.

6. TECHNICAL SUPPORT

     We encourage you to contact our technical support teams through email.

7. CGI SCRIPTS

     You have full access to cgi-bin. However we reserve the right to audit the content of your script to ensure no hacking or any kind of security issues are compromised or cause harm to Hostnix Network.

8. BACK-UP

     As all Internet servers are directly connected to the Internet at all times, the content of the servers are exposed to hacker’s attacks, viruses and other adverse effects. For these and many other reasons customer may loose the all the contents of his/her server(s). We back-up our servers on a daily basis. Hostnix will not be liable for any loss of data even if backups were created.

9. BANDWIDTH/TRAFFIC USAGE

     All plans have a set allotment of Bandwidth available for use. Any bandwidth usage that is over the the limit of the monthly allotment will be charged according to the terms that is set forth in the order form. Unused bandwidth may not be carried over to the following month.

10. EMAIL

     Spamming and mail bombing is strictly prohibited. Any customer who use their e-mail for spamming will have their account terminated immediately. All fees and pre-paid services will not be refunded. Hostnix will act as the sole arbiter as to what constitutes a violation of this condition.

11. CHAT ROOMS, BULLETIN BOARDS, REFERRAL AND DOWNLOAD SITES

     We do allow clients to install their own chat rooms or bulletin board systems. However, chat rooms and bulletin boards usually demand large amounts of bandwidth, therefore all clients are required to pay additional bandwidth fees related to their chat rooms or bulletin boards. We encourage our customers to look at our virtual dedicated hosting solutions in order to run such functions. Hostnix will act as the sole arbiter as to what constitutes a violation of this condition.

12. BACKGROUND RUNNING PROGRAMS

     Hostnix may allow certain program to run in the background. This request will be review per case by case. There is a fee associated with this service.

13. SERVER ABUSE

     Any customers found to abuse our servers would have their account immediately suspended. Any account that excessively uses the server resources may be temporarily stopped to provide optimal server resources for other users. If any account is found to be affecting server performance at a continued duration of time, it may be disabled. This includes the operation of IRCD servers, game servers, and the like.

14. UPTIME

     Hostnix does not guarantee 100% uptime. We will do everything we could to provide the best uptime wthin our capability. Customers are thus advised that his/her service may be down (cease functioning) for many reasons. We highly recommend that customers purchase our complex hosting solution if they have critical applications which cannot tolerate any down time. Hostnix does not guarantee minimal downtime, nor will be responsible for any damages/loss caused by the server being down.

15. NETWORK SECURITY

     Violation of Network System such as, but not limited to unauthorized access, trying to breach the network security is prohibited. At anytime where a security breach is detected, the involved accounts will be immediately shut down. Our technicians will investigate the matter immediately and if the problem is found to be caused by the customer, then the customer would be responsible to fully compansate Hostnix for the cost of the technician/s time. Security Recovery issues are billed at $200.00 per hour.

16. IP ADDRESSES

     Customers has the option to purchase more IP addresses. Customer agrees to justify the use of all IP addresses. Customer agrees to return the unused IP addresses to Hostnix. You may only used IP/s addresses that we provide. Any IP address that you use that is not from us will be immediately revoked and taken off our Network.

17. PAYMENTS

     All setup and monthly fees is due in advance. Customer support fees are billed on an hourly rate and should be prepaid.

18. PASSWORD PROTECTIONS

     Customers are responsible in protecting their password. At any time where you feel that your password security has been breached, please reset the password immediately or report any problem to our technical teams.

19. BILLING INFORMATION UPDATES

     Customers are responsible to update their information (IE: billing info, address change, credit card change).

20. RECURRING BILLING

     We will only send out invoices and monthly statement by request. A small fee might apply for montly invoice. We will send out e-mail when we have successfully billed your credit card. All credit cards are billed automatically every month. If for any reason your credit card charges are denied, we will notify you regarding the denied charges. It is the customer’s duty to ensure that their credit card information is up-to-date. Any accounts that is past due after 10 days will be deactivated.

21. SUSPENSION OF SERVICE

     If we believe that you have violated Hostnix TOS, then we can and will suspend your service immediately until a thorough investigation has been completed. There is a $50.00 Reactivation fee for accounts that has violated Hostnix Virtual Hosting TOS.

22. SERVICE TERMINATION FOR NON-PAYMENT

     Both parties agree that the services will be terminated for non-payment of amounts due. The restoration of the service is subject to $50 fee. Hostnix will NOT be responsible for any damages caused by termination of services for non-payment. Hostnix fully reserve the right to permanently delete the account within 60 days of “non payment. We will bill the remaining outstanding balance to the customers.

23. COLLECTION AGENCY

     Should any charges remain outstanding for more than 90 days, we will turn outstanding charges to collections agencies. Should this occur, you will be charged with the applicable collection fee from the Collection Agency.

24. CANCELLATION

     Customer can terminate the services with advance notice in writing only to the billing department by mail or e-mail to: billing@hostnix.com. There is no reimbursement and no pro-rate if customer decides to terminate the services before the end of a prepaid term, regardless of the reason for the termination. Hostnix will not refund the setup fee for the cancellation of any accounts. Cancellation of contract payments are subject to one month fee of contract agreement.

25. REFUSAL OF SERVICE

     We reserve the right to refuse, cancel, or suspend service at our sole discretion.

26. IDEMNIFICATION

     Customer agrees that they shall not hold Hostnix liable of any claims, liabilities, losses, costs, damages, expenses, including attorneys' fees and court costs that arise from any judgments directly or indirectly created by the our services.

27. LIMITED LIABILITY

     Hostnix shall not be liable under any circumstances for any damages the customer’s businesses may suffer for any reason, even if Hostnix has been advised of the possibility of such damages. If a problem occurs that is within Hostnix's control, we will issue credits based on the length of the downtime according to the customer’s service plan. As the Internet is unpredictable, customers are aware that Network availability is not guaranteed to be 100% available. Hostnix shall not be liable for any claims resulting from the corruption or deletion, of any website or data in Hostnix's servers.

28. EXCUSED PERFORMANCES

     Hostnix shall not be responsible for any delay resulting directly or indirectly from natural disaster such as fire, shortages of facilities, acts of civil or military authority, catastrophes, or any other circumstances beyond Hostnix reasonable control. In case this happens, the customers will have to make arrangements with Hostnix to defer the service to a mutually agreed date and time.

29. ENTIRE AGREEMENT

     This Agreement supersede all prior and current, oral or written understandings and agreements between Hostnix and the customer involved. Any prior statements that are not written in this agreement, even if they are promised orally or written, are deemed void. Customers hereby acknowledge and will abide by all the rules set forth in this agreement.

30. COMPLAINTS

     All complaints will be investigated promptly. In the case that an account is being investigated, Hostnix reserves the right to suspend, restrict or terminate the account(s) in question. We will deactivate customer’s account(s) if the above rules are not followed.

     Please report violations to: abuse@hostnix.com.