Terms of Services
Revision date: 15/04/2007
All services provided by ZaxiHosting ("ZaxiHosting") may
be used for lawful purposes only. Transmission, storage or presentation
of any information, data or material in violation of any United States
federal, state or city law is prohibited. This includes, but is not limited
to: copyrighted material, material we judge to be threatening or obscene,
or material protected by trade secret and other statute. The subscriber
agrees to indemnify and hold harmless ZaxiHosting from any claims resulting
from the use of service which damages the subscriber or any other party.
Prohibited are sites that promote any illegal activity or present content
that may be damaging to ZaxiHosting' servers, or any other server on
the Internet.
Examples of unacceptable content:
pirated software
hacker programs or archives
Warez sites
NOTICE: IF YOUR ACCOUNT IS FOUND TO CONTAIN ILLEGAL ACTIVITY, ILLEGAL
MP3 FILES, PIRATED SOFTWARE, HACKER PROGRAMS, WAREZ PROGRAMS, OR ANY OTHER
ILLEGAL FILES, YOUR ACCOUNT WILL BE TERMINATED IMMEDIATELY, WITHOUT NOTICE
Verification Details:
All Clients(Shared,Reseller,Dedicated Servers) Must complete an authorize form,to avoid paypal and/or chargebacks fraud activities.If you have questions about this,contact billing@zaxihosting.com
Please take care,that if you are NOT adult,we accept you as customers too.Complete the form,and our sales department,will assist you for more!
Refund Policy:
Shared & Reseller customers are eligible for a refund,if there is more than 8 hours downtime in the first 15 days of purchase
VPS & Dedicated customers are eligible for a refund,if the server/service have not been deployed,within 7 business days of your purchase
Traffic Usage
All account plans come with a predetermined amount of traffic allowance.
We monitor all accounts and we sets limits
IRC
We currently NOT allow irc
Server Abuse
Any attempt to undermine or cause harm to a server or customer of ZaxiHosting
is strictly prohibited. As our customer you are responsible for all your
accounts. Should you violate the Terms of Services outlined within, your
account will be cancelled without chance of refund.
Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole
discretion.
All sub-networks, distributive hosting sites and dedicated servers of
ZaxiHosting must adhere to the above policies, with the exception of
system resources and proxies script in respect to dedicated servers.
Billing
By the Account Activation Date of each month, ZaxiHosting shall either:
(1) debit the client's credit card Or Paypal (when such information has been provided
by the client); or
(2) deliver, by e-mail or regular mail, an invoice in accordance with
the applicable Service Fees for services rendered for the current month.
When an invoice is delivered to the client, payment shall be remitted
to ZaxiHosting by no later than the specified payment due date. ZaxiHosting
shall be entitled to immediately terminate this agreement for client's
failure to make timely payments. You will be provided with an invoice
on a monthly basis. All credit cards are billed automatically on a monthly
basis. It is the client's responsibility to ensure that they have sufficient
credit to cover this transaction. In the event that there is insufficient
credit, we will send an e-mail notification, at which point we will need
to be provided with another credit card account number within 24 hours.
If we do not receive a response within 24 hours, the account, and all
accounts under that account plan, will be suspended.
Money back guarantee & refund policy
We do not generally refund cancelled contracts. For example, if your contract is quarterly and you request a refund after two months, no refunds will be admitted. No refunds are issued for setup charges, add-on charges, domain-registrations, add-on purchases, SSL certificates or overage charges. In case of AUP violations, any and all refunds are forfeit.
Account Deactivations
Any account deactivated due to non-payment will require a reactivation
fee of $5.00 prior to reactivation.
Cancellation Refunds
We DO NOT refund partial monthly fees to accounts. We require 30 days
notice for a cancellation.
Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole
discretion.
Limitation of Liability
ZaxiHosting shall not be responsible for any claimed damages, including
incidental and consequential damages, which may arise from ZaxiHosting
' servers going off-line or being unavailable for any reason whatsoever.
Furthermore, ZaxiHosting shall not be responsible for any claimed damages,
including incidental or consequential damages, resulting from the corruption
or deletion of any web site from one of ZaxiHosting ' servers. All
damages shall be limited to the immediate termination of service.
Violations
Violations of these Acceptable Use Policies should be referred to info@zaxihosting.com.
All complaints will be investigated promptly. Failure to follow any term
or condition will be grounds for immediate account deactivation.
Disclaimer
ZaxiHosting cannot be held liable for system down time, crashes or
data loss. We cannot be held liable for any predicated estimate of profits
which a client would have gained if their site was functioning. You Must Have Your OWN Backups. Certain
services provided by ZaxiHosting are resold. Thus, certain equipment,
routing, software and programming used by ZaxiHosting are not directly
owned or written by ZaxiHosting. Moreover, ZaxiHosting holds no
responsibility for the use of our clients' accounts. Failure to comply
with any terms or conditions will result in the automatic deactivation
of the account in question. We reserve the right to remove any account,
without advance notice for any reason without restitution, as ZaxiHosting
sees fit.
Account Activation
By activating your account with ZaxiHosting, you agree to the above
policies and disclaimer. Upon requesting activation of an account, you
are required to accept these policies, guidelines and disclaimer, and
a copy of your acceptance is forwarded along with your activation request
to be maintained with your account information.
NOTICE: If you sign up for an account and fail to comply
with these terms, no refunds will be given. We will, however, advise you
by e-mail or phone prior to taking any action to provide you with an opportunity
to correct the problem.
Dedicated Servers Setup
Dedicated Servers can take anywhere from 1 day up to 7 business days.
Dedicated Servers Bandwidth Allocation
Dedicated servers bandwidth count as 1TB In and 1TB Out(2TB Total),Unless the server had unmetered line(10mbps,100mbps,etc)
Server Uptime Guarantee
ZaxiHosting guarantees 99.98% service (http, ftp, pop, imap, smtp) uptime on all hosting plans. Should we fail to deliver this for any given calendar month, your account will be refunded a pro-rated amount for the duration of excessive downtime.
ZaxiHosting reserves the right to amend any or all of the above policies,
guidelines and disclaimer without notification. We also retain the right
to increase any pricing and make changes to our account plans without
notification.
Privacy
Revision date: 15/04/2007
ZaxiHosting has created this privacy statement in order to demonstrate
our firm commitment to privacy. The following discloses the information
gathering and dissemination practices for this Web site.
Information Automatically Logged
We use your IP address to help diagnose problems with our server and
to administer our Web site. We use this information for no other reason.
Our customer's information will not be shared, rented or sold to any third party
Order Forms
Our site uses an order form for customers to request services. (128 bit
encryption). We collect sensitive information which is used only for our
purpose, not third party receives any type of information from us.
Contact information from the order forms is used to get in touch with
the customer when necessary.
Billing information that is collected is used to bill the user for services.
Unique identifiers are collected from Web site visitors to verify the
user's identity.
Demographic and profile data is also collected at our site.
We use this data to tailor our visitor's experience at our site showing
them content that we think they might be interested in, and displaying
the content according to their preferences.
Security
This site has security measures in place to protect the loss, misuse,
and alteration of the information under our control. We use strong SSL
encryption to ensure your privacy.
Third Parties
Information collected on this site is strictly for our use, NO OTHER
OUTSIDE PERSONS MAY VIEW YOUR PERSONAL INFORMATION SUCH BILLING INFORMATION,
ETC.
Contacting the Web Site
If you have any questions about this privacy statement, the practices
of this site, or your dealings with this Web site, you can contact: sales@zaxihosting.com
Acceptable Use Policy
Revision date: 15/04/2007
As a provider of web site hosting and other Internet-related services,
ZaxiHosting offers its customer (also known as "Subscribers")
and their customers and users the means to acquire and disseminate a wealth
of public, private, commercial and non-commercial information. ZaxiHosting
respects that the Internet provides a forum for free and open discussion
and dissemination of information. However, when there are competing interests
at issue, ZaxiHosting reserves the right to take certain preventive
or corrective actions. In order to protect these competing interests,
ZaxiHosting has developed an Acceptable Use Policy ("AUP"),
which supplements and explains certain terms of each customer's respective
service agreement, and is intended as a guide to the customer's rights
and obligations when using ZaxiHosting' services. This AUP will be revised
from time to time.
One important aspect of the Internet is that no one party owns or controls
it. This fact accounts for much of the Internet's openness and value,
but it also places a high premium on the judgment and responsibility of
those who use it, both in the information they acquire and in the information
they disseminate to others. When subscribers obtain information through
the Internet, they must keep in mind that ZaxiHosting cannot monitor,
verify, warrant or vouch for the accuracy and quality of the information
they acquire. For this reason, the subscriber must exercise his or her
best judgment in relying on information obtained from the Internet, and
also should be aware that some material posted to the Internet may be
sexually explicit or otherwise offensive. Because ZaxiHosting cannot
monitor or censor the Internet, and will not attempt to do so, ZaxiHosting
cannot accept any responsibility for injury to its subscribers resulting
from inaccurate, unsuitable, offensive or illegal Internet communications.
When subscribers disseminate information from the Internet, they must
keep in mind that ZaxiHosting does not review, edit, censor or take
responsibility for any information its subscribers may create. When users
place information on the Internet, they have the same liability as other
authors for copyright infringement, defamation and other harmful speech.
Also, because the information created is carried over ZaxiHosting'
network and may reach a large number of people, including both subscribers
and non-subscribers of ZaxiHosting, subscribers' postings to the Internet
may affect other subscribers and may affect ZaxiHosting' goodwill,
business, reputation or operations. For these reasons, subscribers violate
ZaxiHosting policy and the Service Agreement when they, their customers,
affiliates or subsidiaries engage in the following prohibited activities:
Spamming:
Sending unsolicited bulk and/or commercial information over the Internet.
It is not only harmful because of its negative impact on consumer attitudes
toward ZaxiHosting, but also because it can overload ZaxiHosting'
network and disrupt service to ZaxiHosting' subscribers. Also,
maintaining an open SMTP relay is prohibited. When a complaint is received,
ZaxiHosting will investigate and shutdown the account that is
SPAMing. A $250 charge for violating this policy will be charged to the
person initiating the SPAM. Furthermore ZaxiHosting reserves
the right to prosecute for this violation. A $1.00 charge will be assessed
PER EMAIL sent should ZaxiHosting choose to pursue and prosecute.
As for the limits,800 emails per hour(NOT SPAM) is the hard limit for every account.
Adult-Oriented Content:
ZaxiHosting does allow Legal USA adult content
Large File Policy:
ZaxiHosting is not for file hosting and distribution - as such,
customers may not host any files larger than 500MB in size that are observed
to be available for the sole purpose of download. Such files include but
are not limited to .ISO, audio/video files, .EXE files. If you are unsure
whether your file is against this policy, please e-mail sales@zaxihosting.com.
Obscene Speech or Materials:
Using ZaxiHosting' network to advertise, transmit, store, post, display,
or otherwise make available child pornography or obscene speech or material
is prohibited. ZaxiHosting is required by law to notify law enforcement
agencies when it becomes aware of the presence of child pornography on
or being transmitted through its network.
Defamatory or Abusive Language:
Using ZaxiHosting' network as a means to transmit or post negative,
defamatory, harassing, abusive or threatening language.
Forging of Headers:
Forging or misrepresenting message headers, whether in whole
or in part, to mask the originator of the message.
Illegal or Unauthorized Access to Other Computers or Networks:
Accessing, illegally or without authorization, computers, accounts or
networks belonging to another party, or attempting to penetrate security
measures of another individual's system (often known as "hacking").
Also, any activity that may be used as a precursor to an attempted system
penetration (i.e., port scan, stealth scan or other information-gathering
activity).
Distribution of Internet Viruses, Worms, Trojan Horses or Other
Destructive Activities:
Distributing information regarding the creation of and sending Internet
viruses, worms, Trojan horses, pinging, flooding, mail bombing or denial
of service attacks. Also, activities that disrupt the use of or interfere
with the ability of others to effectively use the network or any connected
network, system, service or equipment.
Facilitation a Violation of this AUP:
Advertising, transmitting or otherwise making available any software,
program, product or service that is designed to violate this AUP, which
includes the facilitation of the means to spam, initiation of pinging,
flooding, mail bombing, denial of service attacks and piracy of software.
Export Control Violations:
Exporting encryption software over the Internet or otherwise, to points
outside the United States.
Usenet Groups:
ZaxiHosting reserves the right not to accept postings from newsgroups
where we have actual knowledge that the content of the newsgroup violates
the AUP.
Other Illegal Activities:
Engaging in activities that are determined to be illegal, including, but
not limited to, advertising, transmitting or otherwise making available
ponzi schemes, pyramid schemes, fraudulently charging credit cards and
pirating software.
Other Activities:
Engaging in activities, whether lawful or unlawful, that ZaxiHosting
determines to be harmful to its subscribers, operations, reputation, goodwill
or customer relations.
As we have pointed out, the responsibility for avoiding harmful activities
just described rests primarily with the subscriber. ZaxiHosting will
not, as an ordinary practice, monitor the communications of its subscribers
to ensure that the comply with ZaxiHosting' policy or applicable law.
However, when ZaxiHosting becomes aware of harmful activities, it may
take any action to stop the harmful activity, including, but not limited
to, removal of information, shutting down a web site, implementing screening
software designed to block offending transmissions, denying access to
the Internet, or any other action deemed appropriate by ZaxiHosting.
ZaxiHosting is also aware that many of its subscribers are themselves
providers of Internet services, and that information reaching ZaxiHosting'
facilities from those subscribers may have originated from a customer
of the subscriber or from another third party. ZaxiHosting does not
require its subscribers who offer Internet services to monitor or censor
transmissions or web sites created by customers of its subscribers. ZaxiHosting
reserves the right to directly take action against a customer of its subscribers.
Also, ZaxiHosting may take action against the ZaxiHosting' subscriber
because of activities of a customer of the subscriber, even though the
action may affect other customers of the subscriber. Similarly, ZaxiHosting
anticipates that subscribers who offer Internet services will cooperate
with ZaxiHosting in any corrective or preventive action that ZaxiHosting
deems necessary. Failure to cooperate with such corrective or preventive
measures is a violation of ZaxiHosting policy.
ZaxiHosting will not intentionally monitor private electronic mail
messages sent or receive by its subscribers, unless required to do so
by law, governmental authority or when public safety is at stake. ZaxiHosting
may, however, monitor its service electronically to determine that its
facilities are operating satisfactorily. Also, ZaxiHosting may disclose
information, including, but not limited to, information concerning a subscriber,
a transmission made using our network, or a web site, in order to comply
with a court order, subpoena, summons, discovery request, warrant, statute,
regulation or governmental request. ZaxiHosting assumes not obligation
to inform the subscriber that subscriber information has been provided
and, in some cases, may be prohibited by law from giving such notice.
Finally, ZaxiHosting may disclose subscriber information or information
transmitted over its network where necessary to protect ZaxiHosting
and others from harm, or where such disclosure is necessary to the proper
operation of the system. However, ZaxiHosting will never sell information
to other services or outside companies.
ZaxiHosting expects that its subscribers who provide Internet services
to others will comply fully with all applicable laws concerning the privacy
of online communications. A subscriber's failure to comply with those
laws will violate ZaxiHosting policy. Finally, ZaxiHosting wishes
to emphasize that, in signing the Service Agreement, subscribers indemnify
ZaxiHosting for any violation of the Service Agreement, law or ZaxiHosting
policy resulting in loss to ZaxiHosting or the bringing of any claim
against ZaxiHosting by any third party. This means that, if ZaxiHosting
is sued because of a subscriber's or customer of a subscriber's activity,
the subscriber will be responsible for payment of any damages awarded
against ZaxiHosting, plus costs and reasonable attorney's fees.
We hope this AUP is helpful in clarifying the obligations of Internet
users, including ZaxiHosting and its subscribers, as responsible
members of the Internet. Any complaints about a subscriber's violation
of this AUP should be sent to sales@zaxihosting.com.