Raxim Networks

TERMS OF SERVICE

Terms of Service (TOS) [June 3rd, 2007]

Table of Contents
1. Payment Policies, Account Cancellations and Refunds, Miscellaneous Fees
2. Services Provided
3. Service Level Agreement (SLA)
4. Indemnification / Limitation of Damages
5. Spam / Network Abuse
6. Server Content or Software Abuse
7. IRC / P2P
8. Account Suspension
9. Bandwidth Overages
10. Customer Notification / Changes in Services
11. Backups
12. User Information / Miscellaneous

Section 1
Payment Policies
Payment for services provided by Raxim Networks will be due on the anniversary date of your account. Full payment will be required before any hosting service is rendered, including renewals. Payment reminders will be sent by electronic mail approximately 7 (seven) days before payment is due. Payment reminders will not be sent by post mail, fax, or any other form of transportation unless otherwise specified before services are rendered. Credit cards or PayPal accounts set for automatic billing may be charged up to 5 (five) days in advance to prevent service interruption. Billing will continue until you cancel your account. PayPal or Credit Card chargeback’s are considered fraudulent, and will result in a $45.00 fee that may be sent to a third party collections agency.

After invoices are due, customers will have a 3 (three) day grace period. If payment has not been made or the customer has not contacted our billing department, the customer’s service may be disabled. We will maintain customer accounts with all major data for at least 7 (seven) days after the grace period has ended. Customers of Raxim Networks are fully responsible for making sure payments are made in a timely manner and billing information is up to date.

Account Cancellations
You are free to cancel your account at any time. However, all cancellations must be made up to 7 (seven) days before your renew date. If you have received an invoice for the next month before canceling, you must still pay for that next month. Raxim Networks does not give refunds for partial or unused months. If you have signed up for a multi-month contract and cancel before the contract is up, we will calculate the price of each month (repealing any discounts) and you will be refunded the undiscounted price for the remaining months you have used. These cancellation policies only apply to cancellations done by the client. Raxim Networks reserves the right to cancel an account at any time without prior warning and without refund.

If at the time of cancellation a client has an account balance, that balance must be paid. Canceling does not exempt a client from having to pay their account.

Refunds
As mentioned above, refunds for unused months in a multi-month contract will be calculated based on the remaining months without any special discount. This means you will pay the full price for the months you have used, but will be refunded the remaining months. Raxim Networks reserves the right to refuse refund to any client who is cancelled due to account violations.

Miscellaneous Fees
Clients will be responsible for paying all miscellaneous fees for bandwidth overages, network abuse, or other account violations. Clients will be notified of the overage fee and fees will be included on the client’s next invoice.

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Section 2
Services Provided
Raxim Networks agrees to provide any services the customer has specified in the order. This order may include web hosting services, customer support, billing, payment processing, administrative tools, hourly consulting or other services. These will be referred to from here on as “the services”. Raxim Networks may also license software, be it its own or third party, to customers as part of services agreed to in the order. Customers may resell service capacity (for example; web hosting space); however they may not resell any other service provided by Raxim Networks (for example; software licenses) to end users unless otherwise specified. Clients are responsible for all activities carried out on their accounts.

Refusing Services
Raxim Networks reserves the right to refuse service to any client for any reason (not prohibited by law) at any time. Raxim Networks at this time can not accept or provide services to or from clients located in Burma, Cuba, Iran, Iraq, Liberia, Libya, North Korea, Sudan, Syria, or Zimbabwe.

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Section 3
Shared and Reseller Hosting Service Level Agreement (SLA)
Raxim Networks will provide a 99.9% uninterrupted access rate to your website, email, database, or other service. If your services are unavailable for a cumulative 0.1% period of time in a given billing month, Raxim Networks will issue you a refund equal to 5% of your account. If services are down for an additional 30 minutes over the cumulative 0.1% time period, you will be issued another 5% refund. Refunds will not exceed 100% of the clients account, and refunds must be requested within 30 days of the given billing month.

Raxim Networks does not issue refunds for scheduled or emergency network or server maintenance. However, such maintenance will be announced at least 60 (sixty) minutes before hand and will not exceed 3.5 (three and one half) hours per month.

Refunds can be requested by emailing billing@raxim.com with your account name and spans and times of downtime.

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Section 4
Indemnification / Limitation of Damages
All clients of Raxim Networks agree to use the services provided at their own risk. Raxim Networks can not be held responsible for any client from and against all claims, demands, obligations, liabilities, losses (including loss of data), damages, penalties, fines, punitive damages, interest amounts, or other expenses. Raxim Networks will also not be accountable for any lawyer’s fees incurred by the client while a customer of Raxim Networks. The client also agrees to indemnify, defend, and hold harmless Raxim Networks against any liabilities, damages, or anything else mentioned above due to client material that violates a third party copyright, defective products sold to anyone through a client of Raxim Networks, and injury or harm to people or property caused by a client of Raxim Networks. Raxim Networks will be the sole judge of whom or what violates this policy.

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Section 5
Spam / Network Abuse
Raxim Networks does not allow SPAM operations to be carried out over our network or servers. Accounts found to be sending out SPAM in the form of email or some other script which creates SPAM or any other unsolicited email message may be disabled immediately. Raxim Networks also does not allow the use of its servers or network to attack other servers or networks. Denial of service or distributed denial of service attacks will not be tolerated, and accounts found to be sending out these attacks may be terminated immediately. In addition, any form of network activity that attempts to intercept data (“sniff packets”) will not be tolerated. The client is responsible for all network or email activity on their account.

In the event of an account being disabled due to spam or network abuse, the client may be charged $100.00 as a “clean up” fee to have their account reinstated. Raxim Networks takes spam and network abuse very seriously, and have found these measures are necessary to keep the servers and network online and running smoothly.

Any attempt to cause damage to Raxim Networks’ network or to other networks will result in account termination and may result in a $100.00 “clean up” fee.

Raxim Networks will be the sole judge of whom or what violates this policy. Any spam or network abuse inquiries can be sent to abuse@raxim.com.

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Section 6
Server Content or Software Abuse
The client is responsible for all content under their account on the server. Raxim Networks does not allow the following…

Warez, Serial Keys, other pirated software that the client does not have permission to distribute
Music or movie files obtained without expressed permission of the author
Any and all types of pornography
“Phishing” websites or any other script or program that facilitates in the theft of credit cards, others identities, or any other type of fraud
Any other software (including web scripts) that facilitates in any of the aforementioned content types

Accounts found to be in possession of any of this content may be disabled immediately and subject to a “clean up” fee or $100. Raxim Networks may take the liberty of removing any of these content types from a users account without prior notification.

Any attempt to cause damage to Raxim Networks’ servers or to others using Raxim Networks’ servers will result in account termination and may result in a $100.00 “clean up” fee.

Raxim Networks will be the sole judge of whom or what violates this policy. Any server content or software abuse inquiries can be sent to abuse@raxim.com.

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Section 7
IRC (Internet Relay Chat)
IRC (Internet Relay Chat) is strictly prohibited on our network and servers. We do not allow clients to run any sort of IRC server or relay, or connect to any IRC network. If a client is found to be running IRC scripts, Raxim Networks may terminate their account immediately. If said IRC script is found to be the subject of a denial of service or other network related attack, the client may be fined a minimum fee of $50 per incident.

Raxim Networks will be the sole judge of whom or what violates this policy. Any IRC abuse inquiries can be sent to abuse@raxim.com.

P2P (Peer to Peer)
Raxim Networks allows P2P (peer to peer) applications such as bit torrent trackers to run on our network and servers. However, these applications must not be facilitating the download of any content not allowed on our network or servers (see section 6). Accounts found to be facilitating the download of any content via P2P applications may be disabled immediately and subject to a $50 fine per incident.

Raxim Networks will be the sole judge of whom or what violates this policy. Any P2P abuse inquiries can be sent to abuse@raxim.com.

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Section 8
Account Suspension
Raxim Networks reserves the right to suspend a user’s account for any reason at any time. Accounts may be subject to a reactivation or cleanup fee, depending on the violation for which accounts were suspended. Raxim Networks may suspend accounts for any reason, including but not limited to spam and network abuse (section 5), server content and software abuse (section 6), or IRC and P2P abuse (section 7). If your account has been suspended, please check your email for notification or email abuse@raxim.com for abuse issues and billing@raxim.com for billing issues.

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Section 9
Bandwidth Overages
Raxim Networks monitors all bandwidth usage on all customer accounts. Customers are responsible for making sure they do not run over their allotted bandwidth limit for the current billing month. Bandwidth overages for shared customers will be billed at $0.50 per extra 1 (one) gigabyte (GB). If you are afraid you are going to run over your bandwidth for the month, please contact our support department at support@raxim.com and we will attempt to work with you to avoid any large overages.

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Section 10
Customer Notification
Raxim Networks will do its best to notify customers of i) any changes to the Terms of Service, ii) any violations of the Terms of Service which may result in an account being disabled, iii) when a bandwidth overage occurs, or iv) when any other situation may occur that requires client attention. It is, however, the client’s responsibility to monitor bandwidth and their account to make sure no violations of the Terms of Service occur. Raxim Networks can not be held responsible for client losses or damages due to notification not taking place (see section 4). We suggest all users subscribe to our helpdesk news feed (https://my.raxim.com) in order to stay informed.

Changes in Services
Raxim Networks reserves the right to at any time change services rendered and prices for said services at any time. In the event of a service or pricing change, Raxim Networks will notify all clients at least 72 (seventy two) hours before the change takes place. Pricing changes will take affect after the client’s next invoice.

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Section 11
Backups
Raxim Networks does not in any way guarantee the integrity of our daily server backups. We backup all shared and reseller accounts to an offsite location daily. However, it is the client’s responsibility to keep local copies of their content. If backups are corrupted and data is lost due to Raxim Networks’ negligence, then we will work within reason to restore client data. If the client’s data is lost due to the actions of a client or client negligence in securing their account, then Raxim Networks can not be responsible. Raxim Networks reserves the right not to provide backed up data for any reason.

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Section 12
Customer Information
All customer information must be kept up to date at all times. This includes customers billing address, payment information, phone number, email address, and any other information requested or collected by Raxim Networks. It is the customer’s responsibility to keep their information up to date. Failure to keep information up to date is grounds for a customer’s account being disabled.

Miscellaneous
By signing up for a service with Raxim Networks, you, the client, are entering an agreement with us, Raxim Networks. The client is agreeing to follow the terms outlined in this document, and accept any fees or other charges and consequences of violations of any of the sections in this document. Raxim Networks reserves the right to change or update the Terms of Service at any time, with or without client notification.

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