This Web Hosting Agreement is between 3dx Hosting ("Provider") and you, the customer ("You").
BY ACCEPTING THIS AGREEMENT AND USING COMPANY'S SERVICES YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, COMPANY'S ACCEPTABLE USE POLICY AND COMPANY'S NO-SPAM POLICY.
Provider and You agree to the following provisions:
1. Provision of Services.
3dx Hosting agrees to provide services to You in exchange for your payment for 3dx Hosting's services, your execution and compliance with this agreement, and your compliance with 3dx Hosting's Acceptable Use Policy and No-Spam Policy. Provision of 3dx Hosting's services shall commence once we has received both your payment for our services and this Agreement duly executed by You. You warrant and represent that You shall use our services only for lawful purposes.
2. Agreement Term.
The initial term of this agreement shall be from the date of your initial payment and execution of this agreement through the remainder of the calendar month in which this agreement was executed.
The term of this agreement, after the initial agreement term, shall continue for the period in which you continue to pay 3dx Hosting for hosting services. In other words, if you decide to pay 3dx Hosting monthly, the agreement term will shall continue for each month you pay for those services. If you choose to pay 3dx Hosting quarterly, the agreement term shall continue for each quarter (three months) that you pay for said services.
3. Automatic Renewal.
This agreement shall renew automatically at the end of the prior agreement term unless terminated either by You or by 3dx Hosting in writing (email, mail, or fax).
4. Termination without Cause.
You may terminate this agreement at any time, for any reason, by contacting 3dx Hosting, either by phone or email, and requesting that your account be canceled.
3dx Hosting shall not refund amounts already billed for the service period in which You terminate the agreement.
3dx Hosting may terminate this agreement at any time, for any reason, by providing written or electronic mail notice of termination to your primary Web site's e-mail contact address no less than fifteen days prior to the service termination.
5. Termination for Cause.
YOU AGREE TO KEEP 3DX HOSTING INFORMED OF ALL CURRENT CONTACT INFORMATION FOR YOUR ACCOUNT. FAILURE TO MAINTAIN OR KEEP CURRENT ALL CONTACT INFORMATION SHALL BE A VALID GROUND FOR 3DX HOSTING'S TERMINATION OF SERVICES FOR CAUSE.
IF 3DX HOSTING TERMINATES YOUR ACCOUNT FOR A VIOLATION OF THIS AGREEMENT, COMPANY'S ACCEPTABLE USE POLICY, OR COMPANY'S NO-SPAM POLICY, COMPANY SHALL NOT BE REQUIRED TO REFUND TO YOU ANY AMOUNTS BILLED TO YOU FOR THE BILLING PERIOD IN WHICH COMPANY SERVICES TERMINATE.
6. Payment Terms.
You agree to be billed for all recurring and one-time charges, including late charges, for any 3dx Hosting's services ordered by you and any fees you owe to 3dx Hosting.
Hosting charges are payable in advance in 1, 3, 6 or 12 month installments. 3dx Hosting will invoice You for the first installment once everything is set up to your satisfaction, and at 1, 3, 6 or 12 month intervals thereafter.
Charges for upgrading your current hosting package, or performing add-on requests, will not be billed until your next invoice.
3dx Hosting will submit all invoices to You by email.
Payments can be made online with Pay Pal or by check. Payments are due within 30 days of receiving an invoice. Interest in the amount of 5% will be added to any outstanding invoices.
3dx Hosting shall not be liable for any taxes and other governmental fees to be paid which are related to purchases made from You or from 3dx Hosting's server. You agree that You shall be fully responsible for all taxes and fees of any nature associated with products or services sold through the use of or with the aid of services provided to You by 3dx Hosting.
8. Materials and Products.
Any material and data You provide to company in connection with 3dx Hosting services shall be in a condition that is in a form requiring no additional manipulation on the part of 3dx Hosting. 3dx Hosting shall make no effort to validate this material or data for content, correctness, or usability. Material or data that is not in this condition shall be a breach of this agreement.
3dx Hosting may, in its sole discretion, reject material or data that You have placed on 3dx Hosting' servers or that You request 3dx Hosting put on 3dx Hosting' servers. 3dx Hosting agrees to notify You immediately of its refusal of the material or data and provide You with an opportunity to amend or modify the material or data to meet the requirements of 3dx Hosting. your failure to amend or modify the data or material as directed by 3dx Hosting within a reasonable time shall be a breach of this agreement.
9. Liability; No Warranty; Limitation of Damages.
YOU EXPRESSLY AGREE THAT USE OF 3DX HOSTING'S SERVICES IS AT YOUR SOLE RISK.
- 3dx Hosting guarantees 99.6% uptime for its Web servers. If uptime for your Web server falls below 99.6% (more than 3.5 hours) during any given month, 3dx Hosting will credit you twice the lost time towards your next month's invoice. For example, if your Web site is unavailable for 24 hours (one day), you will receive 48 hours (two days) of hosting credit on your next invoice.
- 3dx Hosting, its agents, affiliates, licensors or the like, do not represent or warrant, expressly or impliedly, that 3dx Hosting's services will not be interrupted or error free; neither do they make any warranty as to the results that may be obtained from the use of 3dx Hosting's services or as to the accuracy, reliability, or content of any information service or merchandise contained in or provided through 3dx Hosting's services, unless otherwise expressly stated in this agreement.
- 3dx Hosting, its officers, agents, or anyone else involved in providing 3dx Hosting' services shall not be liable for any direct, indirect, incidental, special, or consequential damages that result from the use or inability to use 3dx Hosting's services; or for any damages that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission, or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction, or unauthorized access to 3dx Hosting's records, programs, or services.
- 3dx Hosting will exercise no control over the content of the information passing through 3dx Hosting's network except those controls expressly provided herein.
- 3dx Hosting makes no warranties or representations of any kind, express or implied, for the service it is providing. 3dx Hosting also disclaims any warranty of merchantability or fitness for a particular purpose and will not be responsible for any damages that may be suffered by the You, including loss of data resulting from delays, non-deliveries, or service interruptions by any cause or due to your errors or omissions. Use of any information obtained by way of 3dx Hosting is to be used at your own risk, and 3dx Hosting specifically denies any responsibility for the accuracy or quality of information obtained through its services. 3dx Hosting expressly limits its damages for any non-accessibility time or other downtime to credit applied towards future invoices. 3dx Hosting expressly limits its responsibility for any damages arising as a consequence of such unavailability.
10. Patents, Copyrights, Trademarks, and Other Intellectual and Proprietary Rights.
Except for rights expressly granted herein, this agreement does not transfer any intellectual or other property or proprietary right to You. You agree that all right, title, and interest in any product or service provided to You is 3dx Hosting'. These products and services are only for your use in connection with 3dx Hosting's services provided to You as outlined in this agreement.
You expressly warrant to 3dx Hosting that You have the right to use any patented, copyrighted, or trademarked material which You use, post, or otherwise transfer to 3dx Hosting servers.
11. Hardware, Equipment, and Software.
You are responsible for and must provide all phones, phone services, computers, software, hardware, and other services necessary to access 3dx Hosting servers. 3dx Hosting makes no representations, warranties, or assurances that your equipment will be compatible with 3dx Hosting services.
You expressly represent and warrant that You and any person to whom You grant access to your 3dx Hosting account have reached the age of eighteen. Parental consent must be provided for any individual under the age of eighteen.
You agree that You shall defend, indemnify, save, and hold 3dx Hosting harmless from any and all demands, liabilities, losses, costs, and claims, including reasonable attorneys' fess, asserted against 3dx Hosting, its agents, servants, officers, and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by You, your agents, employees, or assigns.
You agree to defend, indemnify, and hold harmless 3dx Hosting against liabilities arising out of:
- any injury to person or property caused by any products sold or otherwise distributed in connection with 3dx Hosting services provided to You;
- any material supplied by You infringing or allegedly infringing on the property or proprietary rights of a third party;
- copyright infringement; and
- any defective product which You sold or distributed by means of 3dx Hosting services.
You agree that the liability limit of 3dx Hosting shall in no event be greater than the aggregate dollar amount which You paid during the terms of this agreement, including any reasonable attorneys' fees and court costs.
Governing Law; Jurisdiction; Forum. This agreement shall be governed by and construed in accordance with the laws of the state of New Mexico without regard to its conflicts of laws or principles. You agree, in the event any suit is brought in connection with 3dx Hosting' provision of services to You, to submit to the jurisdiction of the state of New Mexico, and agree to the courts of Bernalillo County, New Mexico as the appropriate forum.
Severability. In case any one or more of the provisions contained herein shall, for any reason, be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions of this agreement, and this agreement shall be construed as if such provision(s) had never been contained herein, provided that such provision(s) shall be curtailed, limited, or eliminated only to the extent necessary to remove the invalidity, illegality, or unenforceability.
Waiver. No waiver by 3dx Hosting of any breach by You of any of the provisions of this agreement shall be deemed a waiver of any preceding or succeeding breach of this agreement. No such waiver shall be effective unless it is in writing and then only to the extent expressly set forth in such writing.
Entire agreement. This agreement, including 3dx Hosting Acceptable Use Policy, and 3dx Hosting No-Spam Policy, shall constitute the entire agreement between You and 3dx Hosting.
Acceptable Use Policy
3dx Hosting's Acceptable Use Policy is intended to help enhance the use of the Internet by preventing unacceptable use. All users of 3dx Hosting's hosting services (the "Services") - those who access some of our Services but do not have accounts ("Visitors") as well as those who pay a monthly service fee to subscribe to the Services ("Clients") - must comply with this Acceptable Use Policy. We support the free flow of information and ideas over the Internet and do not actively monitor use of the Services under normal circumstances. Similarly, we do not exercise editorial control over the content of any Web site, electronic mail transmission, news group, or other material created or accessible over or through the Services, except for certain proprietary websites. However, in accordance with our Terms of Service Agreement, we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this Acceptable Use Policy. Provider may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Your violation of this Acceptable Use Policy may result in the suspension or termination of either your access to the Services and/or your Provider account or other actions as detailed in Section 3. This Acceptable Use Policy should be read in conjunction with, and is part and parcel of, our Terms of Service Agreement and other policies. By using our web hosting services, you agree to comply with our Acceptable Use Policy.
2. Violations of Provider's Acceptable Use Policy
The following constitute violations of this Acceptable Use Policy:
- Illegal use. Using the Services to transmit any material (by email, uploading, posting, or otherwise) that, intentionally or unintentionally, violates any applicable local, state, national or international law, or any rules or regulations promulgated thereunder.
- Harm to minors. Using the Services to harm, or attempt to harm, minors in any way.
- Threats. Using the Services to transmit any material (by email, uploading, posting, or otherwise) that threatens or encourages bodily harm or destruction of property.
- Harassment. Using the Services to transmit any material (by email, uploading, posting, or otherwise) that harasses another.
- Fraudulent activity. Using the Services to making fraudulent offers to sell or buy products, items, or services or to advance any type of financial scam such as "pyramid schemes," "ponzi schemes," and "chain letters."
- Forgery or impersonation. Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation. Using deliberately misleading headers ("munging" headers) in news postings in order to avoid spam e-mail address collectors is allowed.
- Unsolicited commercial email/ Unsolicited bulk email. Using the Services to transmit any unsolicited commercial email or unsolicited bulk email. Activities that have the effect of facilitating unsolicited commercial email or unsolicited bulk email whether or not that email is commercial in nature, are prohibited.
- Bulk e-mail sent through a mail service external to our system can not contain an e-mail address or a domain name that is hosted by Provider. This generally results in complaints being forwarded to our administrative staff and will be cause for immediate account termination or suspension without prior notification.
- Unauthorized access. Using the Services to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Provider's or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data.
- Distributing viruses to or from 3dx Hosting's systems.
- Adult Content. Due to special system and network requirements of adult oriented sites, pornography and sex-related merchandising are prohibited. This includes sites that may infer sexual content, or links to adult content elsewhere.
- Copyright or trademark infringement. Using the Services to transmit any material (by email, 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. Provider is registered under the Digital Millenium Copyright Act of 1998.
- Collection of personal data. Using the Services to collect, or attempt to collect, personal information about third parties without their knowledge or consent.
- Reselling the services. Reselling the Services without Provider's authorization.
- CGI Scripts. CGI script sharing with domains not hosted by Provider is prohibited. Any cgi-scripts deemed to be adversely affecting the server performance or the network integrity will be shut down without prior notice and the owner will be contacted to alleviate the situation.
- Chat Rooms. 3dx Hosting does not allow clients to install their own chat rooms. Chat rooms tend to be large system hogs and we cannot permit it as an account option.
- Software and Multimedia Distribution. These types of files consume huge amounts of disk space and bandwidth. If you wish to distribute software and/or multimedia files (graphics, audio, and video), please contact us for a special arrangement.
- Network disruptions and unfriendly activity. Using the Services for any activity which adversely affects the ability of other people or systems to use Provider Services or the Internet. This includes "denial of service" (DoS) attacks against another network host or individual user. Interference with or disruption of other network users, network services or network equipment is prohibited. It is the Client's responsibility to ensure that their network is configured in a secure manner. A Client may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A Client may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner.
3. Reporting Violations of Provider's Acceptable Use Policy
3dx Hosting requests that anyone who believes that there is a violation of this Acceptable Use Policy direct the information to our System Abuse Department by contacting us.
If available, please provide the following information:
The IP address used to commit the alleged violation
The date and time of the alleged violation, including the time zone or offset from GMT
Evidence of the alleged violation
E-mail with full header information provides all of the above, as do syslog files. Other situations will require different methods of providing the above information.
Provider may take any one or more of the following actions in response to complaints:
- Issue warnings: written or verbal
- Suspend the Client's account
- Terminate the Client's account
- Bill the Client for administrative costs and/or reactivation charges
- Bring legal action to enjoin violations and/or to collect damages, if any, caused by violations.
4. Revisions to This Acceptable Use Policy
By paying for hosting service, you agree to the terms outlined in this document.
No Spam Policy
3dx Hosting strictly prohibits Spamming. One of the most serious abuses is using your web hosting account to send unsolicited commercial e-mail, otherwise known as Spam. The following are examples of Spam and are blatantly contrary to our Terms of Service and Acceptable Use Policy, and will result in termination of web hosting services.
Inappropriate E-mail Activities
Commercial e-mail: Defined as sending unsolicited commercial e-mails. This is prohibited. You are not permitted to use your 3dx Hosting account or the e-mail alias/account of your Virtual Server to send unsolicited commercial e-mail. Using an e-mail address hosted anywhere on 3dx Hosting servers to collect responses from unsolicited commercial e-mail is prohibited. This includes using a throwaway, free e-mail account to promote your 3dx Hosting account and redirects for the same account.
Mail Bombing: Defined as sending large volumes of unsolicited e-mail to individuals from your 3dx Hosting account. This is strictly prohibited.
Harassment: Defined as sending threatening or harassing e-mail after being requested to stop, is prohibited. Extremely threatening or harassing e-mail never is allowed.
Inappropriate use of Mailing Lists
Purchased Mailing Lists: Mass mailing to purchased mailing lists is not allowed. We allow only opt-in mailing lists. To comply with our no-Spam policy, the recipients on your mailing list must have specifically requested (subscribed) to receive mail from you on this topic. Purchased or inherited lists are, by definition, NOT opt-in. Similarly; you could not start a list about horses and then post to it about boats. Opt-in list mailings must include instructions to unsubscribe (opt-out) in every message.
We take a very dim view of Spam. It is one of the most annoying things encountered on the Internet. Any 3dx Hosting client found to be Spamming will have his/her web hosting account terminated immediately - no questions asked (we will investigate the report thoroughly before terminating any account). There is no warning or second chance. If we find that you have violated our Acceptable Usage Policy, we will report you and the incident to the proper local, state and federal authorities and will prosecute you to the full extent of the law.
We are not attempting to censor, nor are we attempting to curtail the business of our customers. But as a whole, Spamming hurts our members and us more than it helps the one who does the Spam. Do yourself, and us, a favor: PLEASE DON'T DO IT.
If you know of any 3dx Hosting client that is or might be violating this policy, please send a message or, if possible, forward the Spam in full (including headers) to us by contacting us.
By paying for hosting service, you agree to the terms outlined in this document.