HostingMaxi.com Website Hosting Terms and Conditions
This Hosting Agreement governs your purchase and use, in any manner, of all Web site hosting, ordered by you and accepted by HostingMaxi.com and describes the terms and conditions that apply to such purchase and use of the Services. You AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED HEREIN. HostingMaxi.com reserves the right to change or modify any of the terms and conditions contained in this Agreement at any time and from time to time in its sole discretion, and to determine whether and when any such changes apply to both existing or future customers. HostingMaxi.com may make changes or modifications to referenced policies and guidelines without notice to you. Your continued use of the Services following HostingMaxi.com' posting of any changes or modifications will constitute your acceptance of such changes or modifications.
1. Payment. As consideration for HostingMaxi.com providing the Hosting Services hereunder, Customer agrees to pay HostingMaxi.com the aggregate monthly fee based on the monthly hosting services and the terms selected, or quarterly fee based on the quarterly hosting services and terms selected, semi-annually fee based on the semi-annually hosting services and terms selected or yearly fee based on the yearly hosting services and terms selected. Web hosting refund: If you are not satisfied within your first 30 days we will provide you with full refund for any web hosting package you have signed up with us. Domains refund: In case of some TLD we are able to provide full refund. These are: .com .net .org .biz .info .name .asia .mobi .tel .us .in .web.in .bz .mn .cc .tv We are able to provide full refund for above domains if your request for a refund is not older than 48 hours. We cannot provide refund for other TLDs and those TLDs will remain your property.
2. Provision of Services. HostingMaxi.com will provide Customer with the Services ordered that are described in the Hosting Package Features elsewhere in this document. Customer understands and agrees that HostingMaxi.com will host and create the Web site solely in accordance with the information provided by Customer.
3. Rights to the Web Site and Content. With the exception of any Third-Party Materials and Background Technology as set forth in Section 4, Customer owns the Customer Content. "Customer Content" means all content or information (including, without limitation, any text, music, sound, photographs, video, graphics, data, or software), in any medium, provided by Customer to HostingMaxi.com. "Third-Party Materials" means any content, software, or other computer programming material that is owned by an entity other than HostingMaxi.com, and licensed by HostingMaxi.com or generally available to the public, including Customer, under published licensing terms, and that HostingMaxi.com will use to display or run a Web site. HostingMaxi.com owns the rights to the design of the web site. If a customer stops paying the monthly fee for the web site upon cancellation the customer is not entitled to use the web site for any purposes whatsoever.
4. Limited License to the Background Technology. "Background Technology" means computer programming/formatting code or operating instructions developed by or for HostingMaxi.com and used to host or operate the Web site or a Web server in connection with a Web site. Background Technology includes, but is not limited to, any files necessary to make forms, buttons, checkboxes, and similar functions and underlying technology or components, such as style sheets, animation templates, interface programs that link multimedia and other programs, customized graphics manipulation engines, and menu utilities, whether in database form or dynamically driven. Background Technology does not include any Customer Content. Customer may not duplicate or distribute any Background Technology to any third party without the prior written consent of HostingMaxi.com. All rights to the Background Technology not expressly granted to Customer hereunder are retained by HostingMaxi.com. Without limiting the foregoing, Customer agrees not to reverse-engineer, reverse-assemble, decompile, or otherwise attempt to derive any source code of the Background Technology, except as allowed by law.
5. Limited License to Content. Customer hereby grants to HostingMaxi.com the limited, nonexclusive right and license to copy, distribute, transmit, display, perform, create derivative works from, modify, and otherwise use and exploit Web site, any Customer Content, or any Customer Marks provided to HostingMaxi.com hereunder, solely for the purpose of rendering HostingMaxi.com' Services under this Agreement. Such limited right and license shall extend to no other materials or for any other purpose and will terminate automatically upon termination of this Agreement for any reason.
Content Standards. Customer agrees not to provide Customer Content, and HostingMaxi.com will not intentionally provide to Customers any content, that (a) infringes on any third party's intellectual property or publicity/privacy rights; (b) violates any applicable law or regulation; (c) is defamatory, violent, clearly harmful, or obscene or pornographic or infringes on citizens' rights; or (d) contains any viruses, Trojan horses, worms, time bombs, cancel bots, or other computer programming routines that are intended to damage or interfere with any system, data, or personal information. If Customer is international, then Customer agrees to comply with all applicable local and national laws. HostingMaxi.com reserves the right to refuse any other subject matter it deems inappropriate.
6. Email services HostingMaxi has the explicit right to determine what email may leave or enter our network. Email may be filtered or deleted without notice as determined by an Employee. If an Account is found to be sending email that an Employee deems unfit to leave our network, the Account will be suspended. Customers are prohibited from using the Services to send SPAM. The recipients of any email sent from the HostingMaxi network must first consent to receiving email from the sending Account. Any violation of this section will result in immediate suspension and/or termination of the Account. Any email sent to a purchased list, or a list consisting of email address not gathered with consent to send email directly to any of the email addresses on the list is considered in violation of this section. HostingMaxi has the final say in determining if an email message is SPAM. A Customer shall not use the Services solely for email hosting. Any Account found to be used solely for email hosting will be warned in writing, and granted a 10-day grace period to seek new accommodations. If the Account is not relocated after the grace period has expired, the Account will be suspended. Any email stored in the “Trash” folder is considered to be deleted and may be removed from the server at any time without notice. “Postmaster” mailboxes shall not be used to store email. Any email within a “postmaster” mailbox may be removed from the server at any time without notice. Customers are prohibited from sending more than 600 emails in any 60-minute period. Violation of this section will result in the Account being suspended.
7. Backup. We will make every attempt to retain weekly backups, which are available only for a short period in event of server failure. However, as with any data storage systems, backups can fail. We encourage you to perform your own backups on a periodic basis or sign up for our daily backup service. Backup service is provided to you as a courtesy. HostingMaxi is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on HostingMaxi servers. Because the Services permit Users to electronically transmit or upload content directly to the User Web site, User shall be fully responsible for uploading all content to the User Web site and supplementing, modifying and updating the User Web site, including all back-ups. Any account over 2 GB in size will not be backed up onto our backup servers and in the event of server failure, will not be recoverable. HostingMaxi shall not be responsible for any damages to the User Content, the User Web site or other damages or any malfunctions or service interruptions caused by any failure of the User Content or any aspect of the User Web site. User is solely responsible for making back-up copies of the User Web site and User Content. HostingMaxi does not maintain backup copies of any user content or materials, including without limitation any User Web sites, data bases, web files, or e-mail or other user data or information, or other content or materials. HostingMaxi cannot guarantee that the contents of a Web site will never be deleted or corrupted, or that a back-up of a Web site will always be available. Users should always keep up-to-date copies of all such materials and content to a local computer and Hostingmaxi strongly suggest that Users regularly make additional copies (on tape, CD, multiple floppies, another desktop, or elsewhere) to ensure the availability of such files, content or materials.
8. CGI Scripts: Each account comes with its own cgi-bin. You are free to use any CGI scripts you wish, however we reserve the right to disable any CGI script that effects normal server operation without prior warning.
9. Banned Scripts: The following scripts are banned from use on our servers and may not be uploaded or run. Reasons for banning them include adverse effects on server load, invitations to hackers/spammers/criminal activity, etc. IRC egg drops Proxy servers Mail bombers Anonymous mailers IP spoofers Port scanners Hivemail Telnet or SSH Access Scripts nph-proxy (and other scripts what operates like proxy) UBB (Ultimate Bulletin Board, all versions) lstmrge.cgi phpShell FormMail.cgi, FormMail.pl from Matt's Script Archive are not allowed.
10. Support. HostingMaxi.com agrees to provide reasonable technical support by email to Customer during HostingMaxi.com's normal technical support hours.
11. Term and Termination. (a) This Agreement is effective as of the Effective Date and shall continue unless terminated; (b) HostingMaxi.com may terminate this Agreement after five (5) days' written notice to Customer if Customer materially breaches this Agreement, including, without limitation, failure to pay, and fails to cure such breach during such five (5) day period; and (c) upon the termination of this Agreement, Customer will pay HostingMaxi.com for all Services provided to Customer by HostingMaxi.com prior to termination. Sections 2, 3, 4, 5, 12 and 14 will survive termination of this Agreement.
12. Warranty Disclaimer. Except as expressly provided in this Agreement, the Services are provided "as is," and HostingMaxi.com expressly disclaims all warranties and conditions of any kind, express, implied, or statutory, including, without limitation, the implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose. Interruption of Service: You hereby acknowledge and agree that HostingMaxi.com will not be liable for any temporary delay, outages or interruptions of the Services. Each party acknowledges that it has not entered into this Agreement in reliance upon any warranty or representation except those specifically set forth herein. Unless an approval process is specified herein or in a Statement, all Hosting provided by HostingMaxi.com to a Customer will be deemed accepted when delivered.
13. Indemnity. (a) Customer Indemnity. Customer will defend HostingMaxi.com against any third-party claim, action, suit, or proceeding alleging any breach of the covenants contained in Section . Subject to Section 11, Customer shall indemnify HostingMaxi.com for all losses, damages, liabilities, and all reasonable expenses and costs incurred by HostingMaxi.com as a result of any such third-party claim, action, suit, or proceeding. (b) HostingMaxi.com' Indemnity. HostingMaxi.com will defend Customer against any third-party claim, action, suit, or proceeding alleging any breach of the covenants contained in Section 6. Subject to Section 11, HostingMaxi.com shall indemnify Customer for all losses, damages, liabilities, and all reasonable expenses and costs incurred by Customer as a result of any such third party claim, action, suit, or proceeding. (c) Mechanics of Indemnity. The indemnifying party's obligations are conditioned upon the indemnified party: (i) giving the indemnifying party prompt, written notice of any claim, action, suit, or proceeding for which the indemnified party is seeking indemnity; (ii) granting control of the defense and settlement to the indemnifying party; and (iii) reasonably cooperating with the indemnifying party at the indemnifying party's expense.
14. Limitation of Liability. HostingMaxi.com's LIABILITY HEREUNDER SHALL NOT EXCEED THE AMOUNT PAID BY CUSTOMER TO HostingMaxi.com DURING THE THREE (3) MONTH PERIOD BEFORE THE ACTION AROSE. HostingMaxi.com SHALL NOT BE LIABLE FOR (A) ANY LOSS OF USE, LOSS OF DATA, OR INTERRUPTION OF BUSINESS OR (B) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS), REGARDLESS OF THE FORM OR ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF HostingMaxi.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER ACKNOWLEDGES THAT THESE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THIS AGREEMENT, AND ABSENT SUCH LIMITATIONS, HostingMaxi.com WOULD NOT ENTER INTO THIS AGREEMENT.
15. Disclaimer HostingMaxi cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. All services provided by HostingMaxi are resold by other companies.. Thus, equipment, routing, software, and programming used by HostingMaxi are not directly owned or written by HostingMaxi . Moreover, HostingMaxi holds no responsibility for the use of our clients accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as HostingMaxi sees fit. FURTHERMORE, HostingMaxi retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.