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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.
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 me 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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