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Terms and Agreement
of Services = TOS
Note: All users and client accounts are bound by this terms of service.
Terms and Agreement
Matrax.com. ("Matrax.com") agrees to provide you ("User")
with those services ("Service") set forth on the Application subject to
User's compliance with the terms and conditions below.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING
THE SERVICE. BY ACCESSING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS
AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND
CONDITIONS, YOU MAY NOT ACCESS OR USE THE SERVICE.
Warranty Disclaimer
THE FOREGOING WARRANTIES SET FORTH ARE EXCLUSIVE AND NO OTHER
WARRANTY IS EXPRESSED OR IMPLIED.
Matrax.com exercises no control whatsoever over the content
of the information passing through Matrax.com'S system. Use of any information
obtained via Matrax.com is at User's risk. Neither Matrax.com nor any
of its affiliates, its licensers, its contractors or their respective
employees warrant that the Service will be uninterrupted or error free;
nor does Matrax.com make any warranty as to the results from use of the
Service.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, IMPLIED WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES
ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION
GIVEN BY Matrax.com, ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR
THEIR RESPECTIVE EMPLOYEES SHALL CREATE A WARRANTY. NEITHER Matrax.com
NOR ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE
EMPLOYEES WARRANTS THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE
OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE ON THE
SERVICE IS FREE OF VIRUSES, CANCELBOTS, WORMS, TROJAN HORSES OR OTHER
HARMFUL COMPONENTS.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL Matrax.com, ITS AFFILIATES, ITS LICENSERS,
ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT
RESULT IN ANY WAY FROM USER'S USE OF OR INABILITY TO USE THE SERVICE OR
TO ACCESS THE INTERNET OR ANY PART THEREOF, OR USER'S RELIANCE ON OR USE
OF INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH THE SERVICE,
OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES,
ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, ANY FAILURE OF PERFORMANCE,
COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED
ACCESS TO ALTERATION OF OR USE OF USER'S ACCOUNT, WHETHER FOR BREACH OF
CONTRACT, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION. IN THE EVENT
Matrax.com IS FOUND LIABLE UNDER ANY CIRCUMSTANCE UNDER THE TERMS OF THIS
AGREEMENT, Matrax.com'S LIABILITY SHALL BE LIMITED TO THE UNUSED BALANCE
OF USER'S SUBSCRIPTION PAYMENT PRO-RATED TO REFLECT THE CURRENT TERM.
If User is dissatisfied with the Service or with any terms,
conditions, rules, policies, guidelines or practices of Matrax.com in
operating the Service, User's sole and exclusive remedy is to discontinue
using the Service.
Indemnification
Notwithstanding anything to the contrary herein contained, User
agrees to indemnify and hold Matrax.com, its affiliates, its licensers,
its contractors or their respective employees harmless against any and
all liability, loss, claim, judgment, damage and expense including without
limitation attorney's fees and cost of litigation) incurred or suffered
by Matrax.com, its licensers, its affiliates, its contractors, or their
respective employees as the result of any and all use of User's account
whether authorized or not authorized or as a result of the negligence,
willful misconduct, or breach of any of the terms of this Agreement by
User, including but not limited to claims, liabilities, losses, damage,
judgment and expense which arise out of alleged injury or death of any
person or damage to property of every kind and description. User shall
promptly notify Matrax.com in writing of any claim of which it is obligated
under this indemnity. User shall have the right to assume the defense
of any such claim. User and Matrax.com shall confer as to and agree on
the legal counsel(s) to be selected in any such defense.
Age Limit
User represents to Matrax.com that he or she is 18 years of age
or older. User understands that certain materials available from Service
provided under the terms of this Agreement may not be suitable for individuals
under the age of 18.
Sexually Explicit Materials
User understands that the Internet contains unedited materials
some of which are sexually explicit or may be offensive. User accesses
such materials at his or her own risk. Matrax.com has no control over
and accepts no responsibility whatsoever for such materials.
Prohibited Uses User may not:
restrict or inhibit any other user from using and enjoying the
Internet;
post or transmit any unlawful, threatening, abusive, libelous,
defamatory, obscene, pornographic, profane, or otherwise objectionable
information of any kind, including without limitation any transmissions
constituting or encouraging conduct that would constitute a criminal offense,
give rise to civil liability, or otherwise violate any local, state, national
or international law, including without limitation the U.S. export control
laws and regulations;
post on webspace provided any sexually explicit materials
or materials that may be offensive.
post or transmit any information or software which contains
a virus, cancelbot, trojan horse, worm or other harmful component;
post, publish, transmit, reproduce, distribute or in any
way exploit any information, software or other material obtained through
the Service for commercial purposes (other than as expressly permitted
by the provider of such information, software or other material);
upload, post, publish, transmit, reproduce, or distribute
in any way, information, software or other material obtained through the
Service which is protected by copyright, or other proprietary right, or
derivative works with respect thereto, without obtaining permission of
the copyright owner or rightholder;
upload, post, publish, transmit, reproduce, transmit or
distribute in any way any component of the Service itself or derivative
works with respect thereto;
send unsolicited advertising or promotional materials
to other network users (See section titled "MESSAGING");
allow users to run Maillist, Listserv or any form of auto-responds
from User's account;
run or activate processes while User is not logged in;
violate the security of any computer network, crack passwords
or security encryption codes, transfer or store illegal material including
that deemed threatening or obscene, or engage in any kind or illegal activity;
attempt to defeat any idle timer or system tool intended
to enforce the part-time and personal nature of User's connection, including
the use of pingbots and other methods of avoiding timing disconnection
(See section titled "LIMITATIONS OF DIAL-UP SERVICES"); or
violate any of the rules, regulations and policies of
those networks and computer systems accessed via User's account.
Matrax.com has no obligation to monitor the Service. However,
User agrees that Matrax.com has the right to monitor the Service electronically
from time to time and to disclose any information as may be necessary
to satisfy any law, regulation or other governmental request, to operate
the Service properly, or to protect itself or its subscribers. Matrax.com
will not intentionally monitor or disclose any private E-mail message
unless required by law. Matrax.com reserves the right to refuse to post
or to remove any information or materials, in whole or in part, that,
in its sole and absolute discretion, are unacceptable, undesirable, or
in violation of this Agreement. Matrax.com reserves the right to suspend
access to the Service for User's account. The account's suspension may
be rescinded within the sole and absolute discretion of Matrax.com following
payment of a reconnection charge, to be determined by Matrax.com in its
sole and absolute discretion.
Messaging
User agrees to limit their use of the Matrax.com service, specifically
regarding the use of Matrax.com's electronic (email) services, to the
following restrictions:
Unauthorized Use of Relay Servers
User agrees that any unauthorized use of any email server located
throughout the Internet for the purposes of relaying or distributing messages
is prohibited.
Fraudulent Addressing
User agrees that the purposeful distribution of any email message
where the return address, originator's address, or any other identifiable
aspect of the message has been purposefully altered, is prohibited. User
may not purposefully misrepresent the origination information of any email
messages sent while using the Matrax.com service.
Fraudulent Content
User agrees to be held responsible for the distribution of fraudulent
materials.
VIOLATION OF ANY OF THESE TERMS WILL RESULT IN IMMEDIATE
TERMINATION OF SERVICES. FURTHERMORE, VIOLATION OF ANY OF THESE TERMS,
RELATING TO THE TERMS DESCRIBED WITHIN THIS "MESSAGING" SECTION OF THIS
DOCUMENT, WILL RESULT IN THE IMMEDIATE PENALTY OF $200. Matrax.com RESERVES
THE RIGHT TO CHARGE USER'S CREDIT CARD, IF ON FILE FOR USE IN PAYMENT
OF Matrax.com SERVICES, A ONE-TIME FEE OF $200 PER VIOLATION OF THESE
TERMS. IN THE EVENT USER PRE-PAYS FOR THEIR Matrax.com SERVICE VIA CASH,
CHECK, OR MEANS OTHER THAN CREDIT CARD, Matrax.com RESERVES THE RIGHT
TO INVOICE AND HOLD USER RESPONSIBLE FOR THE ONE-TIME FEE OF $200 PER
VIOLATION OF THESE TERMS. USER ALSO AGREES TO THE IMMEDIATE TERMINATION
OF Matrax.com SERVICES FOR VIOLATION OF ANY OF THESE TERMS.
Limitation of Web Hosting Services
Although Matrax.com advertises "Unlimited Bandwidth" in regards
to some of its services there are several limitations applied. The sole
purpose of these limitations are intended of unncessary use of Matrax.com
services by any such User, which restricts system availability for other
such Users. These limitations apply only to Hosting offered by Matrax.com.
Restricted Content
You agree not to post any of the following restricted contents:
Illegal, Abusive or Unethical Activities include, but are not limited
to, pornography, obscenity, nudity, violations of privacy, hacking, computer
virus, gambling, or promotion of gambling, and any harassing or harmful
materials or uses, as determined by us. You agree to indemnify and hold
us harmless from any claim resulting from your publications or use of
Illegal, Abusive or Unethical materials.
Bandwidth Restrictions (Also see sever bandwidth
below)
Although we advertise unlimited bandwidth, we reserve the right
to inform you that you must transfer your website if an excessive amount
of bandwidth is being used. If the request is not met within 5 days, we
do reserve the right to remove the website from our system.
Limitation of Dial-Up Services
Although Matrax.com advertises "Unlimited Access" in regards to
some of it's Dial-Up services, there are several limitations applied.
The sole purpose of these limitations are intended to limit the amount
of unnecessary use of Matrax.com services by any such User, which restricts
overall Matrax.com system availability for other such Users. These limitations
apply only to Dial-Up access services offered by Matrax.com.
Idle Timeout
User agrees to have their online session automatically terminated
after ten (10) minutes of consecutive inactivity. Inactivity is defined
as less than 500 bytes of data transferred between User's modem and the
Matrax.com service.
Maximum Single Session
User agrees to have an online session automatically terminated
after five (5) hours of consecutive time, regardless of data transferred
during such specific online session.
Minimum Re-Connect Limit
User understands they cannot log back onto the Matrax.com system for
a time period of one (1) minute following the termination of their previous
online session, regardless of the reason for the previous session's termination.
Multiple, Concurrent Online Sessions
User agrees to maintain no more than one (1) concurrent online
session for each PPP/ISDN account purchased.
Starnet Access Restrictions
User agrees to not use the service as a dedicated connection.
The determination of what a dedicated connection is shall be at the sole
determination of Matrax.com. Service is provided as an unlimited service
provided that you may not use the provided connection as a dedicated connection.
UU.net Access Restrictions
User agrees that for all UU.net locations, that they will be limited
to 150 hours of access per month. If a customer exceeds the 150 hour limit,
there account will be temporarily disabled until the first of the next
month.
Terms of Payment
A credit card User agrees to allow "Matrax.com" to bill his or
her card on each successive billing date without obtaining User's permission
after the initial charge. A credit card User shall notify Matrax.com of
any changes in credit card number or expiration date. If the card is not
honored for any reason, Matrax.com will attempt to notify the card holder
by using the telephone information given at sign-up or by E-mail. Matrax.com
will call the card holder, and if alternative billing has not been established,
the account will be terminated. Restoring the account will be subject
to a setup fee of $10.00.
If payment is by check, payment due dates are indicated
on User's invoice. Dishonored checks are subject to a collection fee to
be determined by Matrax.com in its sole and absolute discretion and User's
account may be suspended until the account is current. If payment is not
received , service will be terminated and a setup fee of $10.00 will be
added to charges for additional Service.
Matrax.com maintains the right to terminate Service for
any unpaid subscriptions. Accounts in default are subject to an interest
charge of 2.5% per month on the outstanding balance. Termination of Service
shall not relieve User from the obligation to satisfy outstanding invoices.
In the event Matrax.com utilizes an attorney to collect any unpaid amounts,
User shall be responsible for the payment of all of Matrax.com'S attorneys'
fees and costs in the collection of these sums.
Matrax.com reserves the right to change prices at any
time without prior notice to it's customers or the public. Price changes
will not be retroactive for existing customers, regardless of the length
of their existing service subscription.
Right to Cancel
Matrax.com reserves the right to cancel Service for any reason
without prior notice. Pre-paid service is non-refundable. Matrax.com will
not refund any shipping or handling fees. Cancellations after the first
of the month will be charged for that month. User must notify Matrax.com
via telephone or in writing to cancel Service. Cancellations shall not
be honored by electronic mail. Fees for any setup, shipping and handling,
and monthly service charges placed by Matrax.com are non-refundable.
No Confidentiality
Information transmitted through Matrax.com and through the Internet
in general is not confidential. Matrax.com can not and shall not guarantee
privacy or protection of any User. Matrax.com reserves the right to monitor
any User's transmissions when deemed necessary for providing proper service
and/or to protect the rights and property of Matrax.com.
Customer Information
Unless required by court order, subpoena or other legal request,
or upon the advice of counsel, "Your Company Name" may publish User's
name and other consumer information in one or more directories which may
be accessed by other Internet users. In addition, unless User notifies
"Your Company Name" to the contrary as provided above, "Your Company Name"
may make such information available to third parties from time to time.
User understands further that merchants on the Internet may have access
to such information and may make it available to third parties in accordance
with their normal practices unless User notifies those merchants directly
that User does not wish such information to be made available.
Non-transferable
The right to use the Service is not transferable. Accounts are for User's
use only. User shall be responsible for the confidentiality of User's
password. Loaning User's account to others, connecting a system used by
multiple persons, group use of user log-ins, and consuming more than one
modem line are explicitly prohibited. If User has multiple accounts, then
User shall be limited to one log-in session per system account at any
time. Violation of those terms shall constitute theft of Service and may
be prosecuted under civil and criminal law.
Purchases on the Service
If User wishes to make purchases on the Service, User may be asked
by the merchant or information or service provider from whom User is making
the purchase to supply certain information, including credit card or other
payment mechanism information. User agrees that all information User may
provide any merchant or information or service provider on the Service
for purposes of making purchases shall be accurate, complete and current.
The merchants and information and service providers offering merchandise,
information and services on the Service set their own prices and may change
prices or institute new prices at any time. User agrees to pay all charges
incurred by users of User's account and credit card or other payment mechanism
at the prices in effect when such charges are incurred. User shall also
be responsible for paying any applicable taxes relating to purchases on
the Service.
No System Backup
Matrax.com does not and will not perform system backups on any
User's E-mail account(s). Matrax.com shall not be held responsible for
any lost E-mail data, email attachments, or any E-mail message contents,
regardless of the reasoning for data loss or system causes. Except as
otherwise set forth herein, Matrax.com will not provide historical data,
to any party for any reason, regarding any system or Internet activity.
Matrax.com does not and will not perform system backups
on any web sites. Matrax.com shall not be held responsible for any lost
web data, web files, or any website contents, regardless of the reasoning
for data loss or system causes. Except as otherwise set forth herein,
Matrax.com will not provide historical data, to any party for any reason,
regarding any system or Internet activity.
Failure to Comply With Terms and Conditions
Matrax.com may deny User access to all or part of the Service
without notice if User engages in any conduct or activities that Matrax.com
in its sole discretion believes violates any of the terms and conditions
in this Agreement. If Matrax.com denies User access to the Service because
of such a violation, User shall not have the right (1) to access through
Matrax.com any materials stored on the Internet, (2) to obtain any credit(s)
otherwise due to User, and such credit(s) shall be forfeited, (3) to access
third party services, merchandise or information on the Internet through
Matrax.com, and Matrax.com shall have no responsibility to notify any
third-party providers of services, merchandise or information nor any
responsibility for any consequences resulting from lack of notification.
Miscellaneous
User agrees to remain signed into the network only when actually making
use of same, and to disconnect when idle for significant periods of time
(more than 10 minutes). User also agrees to not remain connected to Matrax.com's
system for periods exceeding (5) five hours, in any single continuous
session. User authorizes Matrax.com to enforce these restrictions by appropriate
software and network measures, automated and manual.
User agrees to notify Matrax.com if User moves or otherwise
changes his or her mailing address or phone number, and to list a truthful
name, postal address and telephone number on the forms User supplies to
Matrax.com.
In the event that any portion of this Agreement is held
to be unenforceable, the unenforceable portion shall be construed in accordance
with applicable law as nearly as possible to reflect the original intentions
of the parties and the remainder of the provisions shall remain in full
force and effect.
Matrax.com'S failure to insist upon or enforce strict
performance of any provisions of this Agreement shall not be construed
as a waiver of any provision or right. neither the course of conduct between
parties nor trade practice shall act to modify any provision of this Agreement.
Matrax.com may modify this Agreement from time to time
by placing a notice of such modification on our website, and User's continued
use of the Service following notice of such modification shall be deemed
to be User's acceptance of any such modification. It is User's responsibility
to check this online area regularly to determine whether this Agreement
has been modified. If User does not agree to any modification of this
Agreement, User must immediately stop using the Service.
This Agreement shall be governed by and construed in accordance
with the laws of the State of Illinois without regard to its conflicts
of law provisions. Any cause of action User may have with respect to the
Service must be commenced within one (1) year after the claim or cause
of action arises or such claim or cause of action is barred.
Matrax.com shall not be liable or deemed to be in default
for any delay or failure in performance under this Agreement or interruption
of service resulting directly or indirectly from acts of God, civil or
military authority, acts of public enemy, war, riots, civil disturbances,
insurrections, accidents, dire, explosions, earthquakes, floods, the elements,
strikes, labor disputes, shortages of suitable parts, materials, labor
or transportation or any cause beyond the reasonable control of Matrax.com.
Venue for litigation of any dispute, controversy, or claim
arising out of, in connection with, or in relation to this Agreement,
or the breach thereof, naming Matrax.com as the defendant, shall be proper
only in a venue determined by Matrax.com.
In any action between Matrax.com and User to enforce any
of the terms of this Agreement, Matrax.com shall be entitled to recover
expenses, including reasonable attorney's fees.
Posting Services
Matrax.com will not be held responsible for anyone using any posting or
messaing services on Matrax.com.
You will be using all services at your own risk. Any problems that may
occur such as fraudent, hacking,
threatening, etc. by others will be the users problem to resolve the matter.
Matrax.com will not disclose
any information of the wrongful party unless it is a major crime commited,
and will be given to the proper authorities.
Site Creation
At all times Matrax.com will not be responsible
for any errors or incompatibility of a web site creation. Once your site
is created and Matrax.com informs you that your site completed, any changes
there after will be charged accordingly to Matrax.com rates. If terminating
your site with Matrax.com, Your site will be non-transferable to any other
web site(s) or hosting service, and to be removed from other hosting services.
We at Matrax.com will create Basic web pages (10 pages and under). Any
graphical pages, you will have to
go to a professional web service. Scripts will be added if it is not time
consuming. We will try our best to service your needs.
Sub Sites
All sub site(s) within Matrax.com will be using this terms and agreement,
unless stated on the sub sites page.
Add on's or other terms and agreement may be posted on sub site(s) services/programs.
So, in simple terms
You will still be bound to this terms and agreement anywhere on Matrax.com
and sub site(s).
Server Bandwidth
About the "Unlimited Data Transfer" feature We reserve the right
to charge in addition to when a burstable rate and/or session limits on
web sites with extreme usage, at our sole discretion. Extreme usage is
defined as usage that incurs bandwidth usage costs over the course of
a month greater than the monthly service fee charged to the customer for
the service being rate limited or usage that overloads the server. For
this reason, more expensive accounts receive higher priority if there
is congestion on the network. In practice, less than 1% of web sites we
host require a rate or session limit of any kind.
Unauthorized Bandwidth
If any terms of service violation is found, bandwidth used while breaking
the TOS agreement shall be billed at $20 per GB. 1 GB minimum. This includes
but is not limited to illegal transfers of MP3's, illegal data, adult
material without prior permission, and software that you may or may not
have the rights to. This charge will be for ALL bandwidth the site incurred,
not just the transfer of files.
Unlimited Feature
Although we offer some of our packages with unlimited space ,
bandwidth, E-Mail accounts, Unlimited POP3
Mailboxes, Unlimited Autoresponders, Unlimited E-mail Forwarding, Unlimited
FTP Access, etc. This means
you have no restriction unless you abuse the unlimited services.
Email Usage
If you are using your email for spamming, your email account will be deleted.
If you are also subscribing to a lot of email spamming/advertising/subscription
services/opti's/groups/ etc. If this does get to excessive, you will be
charged bandwidth usage per month. Cost may range from $10.00 and up.
Warning: do not abuse your
account.
Site Down Time, At
anytime if your web site(s) hosting service does go down, Matrax.com will
not be held responsible for any down time or data loss. Make back up's
Web Designs, if purchasing web designing on Matrax.com,
we will own all graphics and design formats
and it will be the property of Matrax.com. If later you wish to terminate
your account with Matrax.com, all web site contents are not be copied
or transferred/used elsewhere without consent from Matrax.com.
Refunds, All sales
are final and no refunds are given in any circumstances. Refund may be
given if Matrax.com staff wishes to give a refund.
Support, Tech support
will try to be given as best as possible. As in some cases, we will not
be able to give tech support in some complicated, software, connection,
etc. An agreement of limited tech support is given.
Illegality
In any form, including but not limited to the unauthorized distribution
or copying of copyrighted software or other data, harassment, fraud, trafficking
in obscene material is not allowed.
Undesirable Content
Certain types of content are not allowed on our network. We do not host
adult content of any description. Content relating to Gambling, Sportsbook
sites, Usenet, Hacking, Cracking, Warez and IRC is not allowed. Software
downloads may only be hosted if you are the writer and copyright owner
of the software, all other software including freeware, shareware and
trial software is forbidden. Audio, video and MPEG's are not tolerated.Any
site caught on our servers that has such materials, will have thier account
deleted immediately without warning.
Bulk Email
The use of our network to send bulk email whether opt-in or otherwise,
and the use of bulk email to promote a site on our network is strictly
forbidden.
Telnet/Shell Access
We do not in any way provide any type of shell access. All items that
shell access is needed for can be handled by modern ftp software and the
control panel.
Misuse Of Resources
Including but not limited to employing applications which consume excessive
CPU time. Chat/IRC, web proxy and mailing list scripts are not allowed
on our network under any circumstances. Streaming media can be a drain
on web server resources and as such is not allowed. CGI based message
forums are often found to use excessive system resources and are not allowed,
to avoid problems please use a PHP/ASP message forum.
Script Usage
We do not give support on any scripting programs and files. .CGI,
.PL, .PHP, Data Bases, etc. Files are your
own problems to solve. No scripts are allowed that take
up heavy resources (irc, chats, cgi message
boards)
Affiliates
Affiliates and their clients will be bound to this terms and agreement
(TOS). Matrax.com will not be held
responsible for any server or data loss. It will be the affiliates responsibility
to handle any disputes with
their clients. Matrax.com will have no involvement in affiliates clients.
Affiliates are responsible to monitor their clients and to make sure they
follow Matrax.com's TOS.
Resellers and Dedicated Accounts
All reseller accounts will be bound by this contract. Resellers who violate
TOS directly will have their account terminated. Resellers accounts terminated
will loose all data and no second chances or time to back up. Account
will be canceled and deleted. Resellers and their clients will be bound
by this TOS an resellers are to display TOS on their site as well as all
clients under them.
Reseller Refunds
There will absolutely be no refunds on payment already made for services,
either it's monthly or yearly payment plan, no refunds. Cancellation of
account must be done a month prior of up coming payment. Canceling any
later, reseller will pay late cancellation charges.
Background
From time to time matrax.com Managed Hosting may impose reasonable
rules and regulations regarding the use of its services. Such rules and
regulations are called Acceptable Use Policies (AUPs) and are posted on
the Internet at http://www.matrax.com/terms&agree.htm The AUPs are
not exhaustive and matrax.com reserves the right to modify the AUPs at
any time, effective upon either the posting of the modified AUPs to http://www.matrax.com/terms&agree.htm
or notification of the modified AUPs. By registering for and using the
services, and thereby accepting the terms and conditions of the Master
Services Agreement or its equivalent, you agree to abide by the AUPs as
modified from time to time. Any violation of the AUPs may result in the
suspension or termination of your account or such other action as matrax.com
deems appropriate. An unlisted activity may also be a violation of the
AUPs if it is illegal, irresponsible, or disruptive use of the Internet.
No credits will be issued for any interruption in service resulting from
policy violations.
VIOLATION OF ANY AUP IS STRICTLY PROHIBITED AND MAY RESULT
IN THE IMMEDIATE TERMINATION OR SUSPENSION OF THE SERVICES YOU RECEIVE
FROM matrax.com. YOU SHALL REMAIN SOLELY LIABLE AND RESPONSIBLE FOR YOUR
USE OF THE SERVICES AND ANY AND ALL CONTENT THAT YOU DISPLAY, UPLOAD,
DOWNLOAD OR TRANSMIT THROUGH THE USE OF THE SERVICES. "CONTENT"
INCLUDES, WITHOUT LIMITATION, YOUR E-MAIL, WEB PAGES, PERSONAL HOME PAGES,
AND DOMAIN NAMES. IT IS matrax.com's POLICY TO TERMINATE REPEAT INFRINGERS.
matrax.com RESERVES THE RIGHT TO REFUSE SERVICE TO ANYONE AT ANY TIME.
Customer Security Responsibilities
The customer is solely responsible for any breaches of security affecting
servers under customer control. If a customer's server is involved in
an attack on another server or system, it will be shut down and an immediate
investigation will be launched to determine the cause/source of the attack.
In such event, the customer is responsible for the cost to rectify any
damage done to the customer's server and any other requirement affected
by the security breach. The labor used to rectify any such damage is categorized
as emergency security breach recovery and is currently charged at $350
USD per hour.
System And Network Security
Violations of system or network security are prohibited, and may result
in criminal and civil liability. matrax.com may investigate incidents
involving such violations and may involve and will cooperate with law
enforcement if a criminal violation is suspected. Examples of system or
network security violations include, without limitation, the following:
Unauthorized access to or use of data, systems or networks,
including any attempt to probe, scan or test the vulnerability of a system
or network or to breach security or authentication measures without express
authorization of the owner of the system or network.
Unauthorized monitoring of data or traffic on any network
or system without express authorization of the owner of the system or
network.
Interference with service to any user, host or network
including, without limitation, mailbombing, flooding, deliberate attempts
to overload a system and broadcast attacks.
Forging of any TCP-IP packet header or any part of the
header information in an e-mail or a newsgroup posting.
Violators of the policy are responsible, without limitations,
for the cost of labor to clean up and correct any damage done to the operation
of the network and business operations supported by the network, and to
respond to complaints incurred by matrax.com. Such labor is categorized
as emergency security breach recovery and is currently charged at $350
USD per hour required. matrax.com is concerned with the privacy of online
communications and web sites. In general, the Internet is neither more
nor less secure than other means of communication, including mail, facsimile,
and voice telephone service, all of which can be intercepted and otherwise
compromised. As a matter of prudence, however, matrax.com urges its customers
to assume that all of their online communications are insecure. matrax.com
cannot take responsibility for the security of information transmitted
over matrax.com's facilities.
Password Protection
The customer is responsible for protecting customer's password and
for any authorized or unauthorized use made of customer's password. The
customer will not use or permit anyone to use matrax.com's service to
guess passwords or to access other systems or networks without authorization.
matrax.com will fully cooperate with law enforcement authorities in the
detection and prosecution of illegal activity.
Copyright Infringement - Software Piracy Policy
The matrax.com network may only be used for lawful purposes. Transmission,
distribution, or storage of any information, data or material in violation
of United States or state regulation or law, or by the common law, is
prohibited. This includes, but is not limited to, material protected by
copyright, trademark, trade secret, or other intellectual property rights.
Making unauthorized copies of software is a violation
of the law, no matter how many copies you are making. If you copy, distribute
or install the software in ways that the license does not allow, you are
violating federal copyright law. If caught with pirated software, you
or your company may be liable under both civil and criminal law, and you
may be fined up to $250,000 and/or receive up to 5 years in jail.
In compliance with the Digital Millenium Copyright Act
(the "DMCA"), please send DMCA notifications of claimed copyright
infringements to: matrax.com, abuse@matrax.com.com
matrax.com will cooperate fully with any civil and/or
criminal litigation arising from the violation of this policy.
Network Responsibility
Customers have a responsibility to use the matrax.com network responsibly.
This includes respecting the other customers of matrax.com. matrax.com
reserves the right to suspend and or cancel service with any Customer
who uses the matrax.com network in such a way that adversely affects other
matrax.com customers. This includes but is not limited to:
Attacking or attempting to gain unauthorized access to servers and services
that belong to matrax.com or its customers (i.e. computer hacking), and/or
Participating in behavior which result in reprisals that
adversely effect the matrax.com network or other customers' access to
the matrax.com network.
matrax.com will react strongly to any use or attempted use of an Internet
account or computer without the owner's authorization. Such attempts include,
but are not limited to, "Internet Scanning" (tricking other
people into releasing their passwords), password robbery, security hole
scanning, port scanning, etc. Any unauthorized use of accounts or computers
by a matrax.com customer, whether or not the attacked account or computer
belongs to matrax.com, will result in severe action taken against the
attacker. Possible actions include warnings, account suspension or cancellation,
and civil or criminal legal action, depending on the seriousness of the
attack. Any attempt to undermine or cause harm to a server, or customer,
of matrax.com is strictly prohibited.
Violations of this policy may be reported directly to
the FBI's Infrastructure Protection & Computer Intrusion Squad at
http://www.fbi.gov/programs/ipcis/ipcis.htm. matrax.com will cooperate
fully with any civil and/or criminal litigation arising from the violation
of this policy.
Lawful Purpose
All services may be used for lawful purposes only. Transmission, storage,
or presentation of any information, data or material in violation of any
applicable law, regulation, or AUP is prohibited. This includes, but is
not limited to: copyrighted material or material protected by trade secret
and other statute or dissemination of harmful or fraudulent content.
Using any matrax.com service or product for the purpose
of participating in any activity dealing with subject matters that are
prohibited under applicable law is prohibited.
Any conduct that constitutes harassment, fraud, stalking,
abuse, or a violation of federal export restriction in connection with
use of matrax.com services or products is prohibited. Using the matrax.com
network to solicit the performance of any illegal activity is also prohibited,
even if the activity itself is not performed. In addition, knowingly receiving
or downloading a file that cannot be legally distributed, even without
the act of distribution, is prohibited.
Servers hosted within matrax.com network are open to the
public. You are solely responsible for your usage of the matrax.com network
and servers and any statement you make on servers hosted within the matrax.com
network may be deemed "publication" of the information entered.
Acknowledging the foregoing, you specifically agree not to use our service
in any manner that is illegal or libelous.
Child Pornography on the Internet
matrax.com will cooperate fully with any criminal investigation into
a Customer's violation of the Child Protection Act of 1984 concerning
child pornography. Customers are ultimately responsible for the actions
of their clients over the matrax.com network, and will be liable for illegal
material posted by their clients.
According to the Child Protection Act, child pornography
includes photographs, films, video or any other type of visual presentation
that shows a person who is or is depicted as being under the age of eighteen
years and is engaged in or is depicted as engaged in explicit sexual activity,
or the dominant characteristic of which is the depiction, for a sexual
purpose, of a sexual organ or the anal region of a person under the age
of eighteen years or any written material or visual representation that
advocates or counsels sexual activity with a person under the age of eighteen
years.
Violations of the Child Protection Act may be reported
to the U.S. Customs Agency at 1-800-BEALERT
Unsolicited Commercial Email/Unsolicited Bulk Email
(UCE/UBE)
Unsolicited commercial email (UCE) is defined by matrax.com as any
electronic communication (e-mail, ICQ, IRC, Instant Messenger, etc…)
sent for purposes of distributing commercial information of any kind,
soliciting the purchase or sale of products or services or soliciting
any transfer of funds to a recipient who has not agreed to receive such
communication.
Unsolicited bulk e-mail (UBE) is defined by matrax.com
as any electronic communication (e-mail, ICQ, IRC, Instant Messenger,
etc…) to multiple recipients who have not agreed to receive such
communication.
Use of the matrax.com network, servers or services to
transmit any unsolicited commercial or unsolicited bulk-e-mail is expressly
prohibited, as is hosting web sites or services on a server which are
advertised in any UCE/UBE. matrax.com also prohibits the sending of any
fraudulent, malicious, harassing, false or misleading electronic communications,
including, without limitation, chain letters, pyramid schemes, or e-mails
with forged headers. Posting off-topic advertisements to Usenet discussion
groups, ICQ, Instant Messenger, etc., is also expressly prohibited. Additionally,
matrax.com customers are expressly prohibited from sending any UCE/UBE
from our network or any email from another network that in any way references
a document, image, or Web site that resides on the matrax.com network
or in one of our data centers. Violations of this type may result in the
termination of the offending matrax.com account. Our customers are ultimately
responsible for any violations of the AUP by their clients, and any violation
of the AUP by a client of a matrax.com customer shall be deemed a violation
of the AUP by such matrax.com customer.
Customers whose actions directly or indirectly result
in matrax.com IP space being listed in any of the various abuse databases
may be subject to having the offending domain(s), server(s), or user(s)
immediately removed from our network. In addition, if matrax.com in its
sole discretion determines that a customer is in violation of our AUP,
matrax.com may, at its sole discretion, restrict, suspend or terminate
a customer's account. matrax.com will, in most cases, attempt to contact
a customer prior to suspension or termination of a server(s), but can
not guarantee prior notification. Any server suspended or terminated for
AUP violations will be reconnected only after the customer agrees to cease
all activities that violate the matrax.com AUP and pays all applicable
reconnect fees and related charges. Any server suspended a second time
for AUP violations WILL be immediately and permanently removed from our
network.
Customers that matrax.com determines in its sole discretion
to be in violation of the matrax.com AUP may be subject to additional
fees or fines including, without limitation, any applicable reconnect
fees. Server cleanup fee for spam starts at $250.
Violation of matrax.com's UCE/UBE policy may be reported
to abuse@matrax.com.com.
Customers seeking to send any permission-based email marketing
should read Guidelines for Permission-Based Email to see our guidelines
for sending this type of communication.
Guidelines for Permission-Based Email
While matrax.com prohibits the use of its systems or network to send unsolicited
email (UCE/UBE) as described above, customers may send permission-based
email marketing, subject to the guidelines provided herein. Permission-based
marketing is defined as electronic marketing that an end user agrees to
receive. This is often referred to as 'opt-in' electronic marketing. All
recipient information for such marketing conducted by matrax.com customers
must be documented and cataloged by the customer. This information is
to include date, time, originating IP and the location from which the
email address or other recipient information was obtained. Additionally,
a customer must at a minimum comply with the following guidelines, and
any additional guidelines established by matrax.com from time to time
in its sole discretion, to engage in permission-based email marketing
without violating the AUP:
1. All commercial or bulk email originating from a matrax.com
customer on the matrax.com network must have a working unsubscribe link.
The customer must honor all requests to unsubscribe within 72 hours. Additionally,
there must be text in the email stating that while all requests to unsubscribe
are honored, it may take up to 72 hours to process.
2. All commercial or bulk email originating from a matrax.com
customer on the matrax.com network must clearly list the email address
to which the email was originally sent (the intended recipient's email
address) in the body of the message OR in the 'TO:' line of the email.
3. All matrax.com customers sending commercial or bulk
email must have a working abuse@domain.com address from EVERY domain associated
with the email campaign. Additionally, the abuse@ address must be prominently
posted on the front page of the associated web site. Customers must regularly
answer any messages sent to the abuse@ address.
4. All matrax.com customers sending commercial or bulk
email must register the abuse@ address for every domain associated with
commercial email they send at abuse.net.
5. All matrax.com customers sending commercial or bulk
email must have a Privacy Policy/AUP posted for each domain associated
with the email campaign.
6. All commercial or bulk email sent must include information
about where the email address was obtained in the body of the email. For
example:
"You opted-in to receive this email promotion from our web site or
from one of our partner sites."
7. All matrax.com customers sending commercial or bulk
email must answer all complainants' requests for details regarding where
the complainant "opted-in" to receive electronic marketing within
72 hours. This information must include the date, time, originating IP
and the location from which the email address or other recipient information
was obtained. Instructions on how to get this information must be stated
clearly in the body of the email. For example, a statement similar to
the following must be present in the body of the email:
"If you would like to learn more about how we received your email
address, please contact us at abuse@matrax.com.com."
Requests for "opt-in" information must be responded
to within 72 hours.
8. All matrax.com customers sending commercial or bulk
email must be able to track and identify SpamCop complainants. There are
several software packages (such as RoboMail) that can help accomplish
this.
9. If a matrax.com customer is using an affiliate program
to send commercial or bulk email through the matrax.com network and the
affiliate program becomes subject to repeated abuse by users, the customer
must discontinue use of the affiliate program or be subject to immediate
suspension or cancellation.
10. All customers of matrax.com are required to have up-to-date
and valid contact information on file with their registrar for any domain
hosted on the matrax.com network.
Disclaimer
· matrax.com reserves the right to test portions of any customer's
email list and request opt-in information from a random sample of that
list at any time.
· matrax.com reserves the right to determine in its sole discretion
the validity of any customer's email list. Any list matrax.com determines
in its sole discretion to be in violation of this AUP must be removed
immediately or the customer will be subject to immediate suspension or
termination. Repeated violations will result in permanent suspension.
· matrax.com reserves the right to test and otherwise monitor customer's
compliance with the above guidelines and requirements at any time during
the customer's term of service at matrax.com.
· If matrax.com determines in its sole discretion that the customer
is not in strict compliance with the guidelines for permission-based e-mail
marketing, then matrax.com may immediately suspend or terminate the customer's
service.
IP Address Overlap
matrax.com administers the network on which customer servers reside.
The customer cannot use IP addresses which were not assigned to them by
matrax.com staff. Any server found using IPs which were not officially
assigned will be suspended from network access until such time as the
IP addresses overlap can be corrected.
Billing
The customer understands that the customer is responsible for paying
for any network resources that are used to connect the customer's server
to the Internet. The customer may request that the customer's server be
disconnected from the Internet, but the customer will still be responsible
for paying for any network resources used up to the point of suspension
or cancellation. It is the clients responsibility to monitor CPU, Disk,
and bandwidth usage. Any customer who goes over their alloted amount will
be billed immediately for the amount of service used. Monthly billing
occurs on the 1st and 15th of the month. Account additions and/or overage
will be billed immediately.
Suspension
If matrax.com in its sole discretion determines that a customer's
server has become the source or target of any violation concerning the
matrax.com Acceptable Use Policy (AUP), matrax.com reserves the right
to suspend network access to that server. While matrax.com will attempt
to contact the customer before suspending network access to the customer's
server(s), prior notification to the customer is not assured. In certain
cases, matrax.com will contact law enforcement and other agencies regarding
these activities. Customers are responsible for all charges, as well as
any fees relating to the investigation, suspension, administration and
handling of their servers before, during and after the suspension period.
Cancellation
matrax.com reserves the right to cancel service at any time. If inappropriate
activity is detected, all accounts of the customer in question will be
deactivated until an investigation is complete. Prior notification to
the Customer is not assured. In extreme cases, law enforcement will be
contacted regarding the activity. Any violation of policies which results
in extra costs will be billed to the customer (i.e. transfer, space etc.).
Any cancellations due to a TOS contract violation will result in an immediate
loss of any refund for services paid for. You may also be immediately
billed for unauthorized bandwidth fees. Please see that section of this
document for more information.
Indemnification
matrax.com wishes to emphasize that in signing the Master Services
Agreement or its equivalent, customer indemnifies matrax.com for any violation
of the Master Services Agreement or its equivalent, law or AUP that results
in loss to matrax.com or the bringing of any claim against matrax.com
by any third-party. This means that if matrax.com is sued because of a
customer's or a customer of a customer's activity, the customer will pay
any damages awarded against matrax.com, plus costs and reasonable attorney's
fees.
Disclaimer of Responsibility
matrax.com is under no duty to look at each customer's or user's activities
to determine if a violation of the AUPs has occured, nor do we assume
any responsibility through our AUPs to monitor or police Internet-related
activities. matrax.com disclaims any responsibility for any such inappropriate
use and any liability to any person or party for any other person's or
party's violation of this policy.
All Sub-Networks, resellers and managed servers of matrax.com
must adhere to the above policies. Failure to follow any term or condition
will be grounds for immediate Cancellation.
INDIRECT OR ATTEMPTED VIOLATIONS OF THE AUPs AND ACTUAL
OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON YOUR BEHALF, SHALL BE CONSIDERED
VIOLATIONS OF THESE AUPs BY YOU.
Server Resources
Any web site that uses a high amount of server resources (such as,
but not limited to, CPU time, memory usage, and network resources) will
be given the option to either pay additional fees (which will depend on
the resources required), reduce the resources used to an acceptable level,
or upgrade its service to a Dedicated Server plan. matrax.com shall be
the sole arbiter of what is considered to be a high server usage level.
All shared web hosting accounts come with a limit of 5,000 files per account.
Each block of 5,000 files after the initial 5,000 will incur an additional
charge of $9.95/month. In the case of reseller's, this 5,000 limit is
per unique top level domain.
Any web hosting account deemed to be adversely affecting
server performance or network integrity will be shut down without prior
notice.
Background Running Programs and Cron Jobs
matrax.com may allow programs to run in the background. These programs
will be considered on an individual basis and customers will incur extra
charges based on system resources used and operational maintenance needed.
If you wish to run background programs please contact matrax.com at support@matrax.com.com
so that we can arrange set-up.
Software Distribution
matrax.com' shared web hosting accounts are not configured for the
purposes of distributing software and/or multimedia products. If you wish
to distribute software and/or multimedia files, please contact hosting@matrax.com.com
to make special arrangements.
Databases
Any MySQL database stored on matrax.com' servers shall be limited
in size to 10MB. Any single larger database will be subject to extra fees.
Any flat database files (i.e. text databases) will be limited to size
in 1 MB. This is due to the amount of server resources that databases
consume.
Special Offers
Specials apply only to new account setup. If you currently have a domain
account with us, you cannot
upgrade or downgrade to special offers. Current clients may purchase another
account using another
domain name that is not setup with our services or have been previously.
Dedicated Servers - Added Terms and Agreement
for Clients with dedicated servers under Matrax.com
- Back ups - Dedicated
servers will be the clients sole responsibility
to maintain and keep off server back ups. Matrax.com will not keep any
backups.
- Illegal Activity - Any client to who
purchase a dedicated server from Matrax.com
and use server for any illegal activity, will be shutdown and all information
will be
forwarded to the proper authorities.
- Reboots - Reboots are done accordingly.
Reboots are done within 12 to 72 hrs.
For faster response 2 to 12 hrs reboots, a fee of 40.00 a month will
be charged.
- Root Access - Client who request root
access will be totally responsible for their
account. If server crashes, hacked, etc. A fee of 150.00 an hour will
be charged
to repair problem. If server cannot be restored, we will do a fresh
install and client
will have to rebuild server there after. (Keep off-line back ups) No
changing of root
access password. If root password needs to be changed, notify us and
we will
assign a new root password to you.
- Spam/Hacking - Any client who purchases
a dedicated server from Matrax.com
and uses server to promote Spam, Hacking, Warez, Pirating, etc. Will
be shutdown
and reported to the proper authorities.
- Bandwidth - Any overage of package bandwidth
will be billed at $3.50/gig and is
purchased in 10GB blocks = $35.00 per month. So any amount over your
package
will be counted as overage. You will be notified and billed or sent
a billing link
to pay this amount for the month. If no payment or no response, server
will be
shutdown. Shutdown may lead to re-signing up for services.
- Temporary away to make payments - If
you are going on a trip/disability/etc.
Please request to make advanced payments. If no payment or no response,
server will be shutdown. Shutdown may lead to re-signing up for services.
- Billing and Payments
- For Dedicated servers, we required no client be delinquent
on server payment or subscriptions. If no payment or no response, server
will be
shutdown. Shutdown may lead to re-signing up for services.
- Refunds - There is absolutely no refunds
on dedicated server no matter the circumstances.
It cost Matrax.com to setup and purchase necessary hardware.
All Conditions, At
anytime, Matrax.com will not be held responsible for any situation or
problem that may happen and that you will take full responsibility.
Matrax.com may at any time may
revise these Terms and Conditions by updating this document. You are bound
by any such revisions and should therefore periodically visit Matrax.com
to review the current Terms and Conditions to which you are bound.
This Agreement constitutes the entire agreement between
User and Matrax.com with respect to the Service.
If you do not Agree
with any of the above, DO NOT SIGN UP! or use any services
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