Affordable website hosting company

1a.) Account Setup / Email on file
We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) incase of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or high risk transactions, it will be necessary to provide government issued identification and possibly a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied.

Transfers
Our transfers team will make every effort to help you move your site to us, however, we can not make guarantees of the transfer process. We provide this as a courtesy service and can not make guarantees regarding its availability or the amount of time it may take as each host is configured a little differently. We will try our best, however, in some cases we may be unable to assist you in a transfer of data from an old host.

1b.) Customer Authorization Agreement for pre-authorized Credit Card Payments
ADX Media (ADX USA INC) may amend this Agreement at any time by posting the amended terms on our site. The Customer swears that all information provided to ADX Media is accurate, and does not contain fraudulent information. The Customer hereby authorizes ADX Media to charge their credit card for purchases of web hosting services, non-recurring setup fees, and related web service products as well as all future recurring charges, and bandwidth overages. The customer understands that their initial invoice will be for the first months service, set-up fee (if applicable), and the prorated service period. In the event of cancellation the Customer agrees not to initiate any transaction chargeback with their credit card issuer or bank, but instead will follow the proper cancellation procedures listed in the ADX Media Terms and Conditions. In the event the customer disputes a transaction through their credit card issuer or bank, will in turn constitute a breach of this agreement and result in immediate suspension of all current web hosting services including domain registrations through ADX Media Domain Registration Service.

Due Date
All accounts are due on the 1st of each month. The Customer understands that recurring monthly hosting charges, will be charged on the first of each month. Account overages, service add-ons, and non-recurring charges will be charged immediately.

Late Payments
Customer understands in the event the provided credit card fails, they will receive a past due notice each day the credit card is declined. Credit cards may be declined for one of the following reasons:

Invalid account number
Invalid CIN (card identification number)
Expired card
Lost or stolen card
Invalid address verification

In the event of a declined credit card, the customer understands they will be given 3 days to rectify the situation, either by providing another form of payment, or by securing funds with their credit issuer or bank. The customer understands that in the event payment is not made during the grace period, an e-mail suspension notice will be sent to their e-mail address on file and the account will become suspended until payment is made. If payment is not made within 30 days, the customer understands the account will be canceled and service will be terminated.

2.) Content
All services provided by ADX Media may only be used for lawful purposes. The laws of the State of Florida, , the United States of America, and United Kingdom apply.

The customer agrees to indemnify and hold harmless ADX Media from any claims resulting from the use of our services.

Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. If you believe that your copyright or trademark is being infringed upon, please email info@ADX Media.net with the information required.

Examples of unacceptable material on all Shared, Reseller and Dedicated Servers include:
IRC Bots, Proxy Scripts / Anonymizers, Pirated Software / Warez, image, filedump, or banner-ad services (similar to rapidshare, photobucket, or commercial banner ad rotation), topsites, commercial audio streaming (more than one or two streams), locally hosted chat scripts, Escrow, High-Yield Interest Programs(HYIP) or related sites, Investment sites (FOREX, egold exchange), sale of any controlled substance without prior proof of appropriate permit(s), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg's, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts.

Acceptable material on Dedicated Servers:
Proxy Scripts / Anonymizers, Image Hosting sites and muds / rpg's

We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene or threatening is prohibited and will be removed from our servers with or without notice.

Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via troubleticket/email and will have a response within 48 hours.

If in doubt regarding the acceptability of your site or service, please contact us at info@adxmedia.net and we will be happy to assist you.

Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita):

Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.

Resellers: we will suspend the site in question and will notify you so you may terminate the account. We will further monitor your activity; more than one infraction of this type may result in the immediate termination of your account.

Direct customers: Your services will be terminated with or without notice.

Violations will be reported to the appropriate law enforcement agency.

It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as username and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.

3.) Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and "double opt-in" will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.

Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.

ADX Media reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.

ADX Media reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is entirely at the discretion of ADX Media.

4.) Payment Information
You agree to supply appropriate payment for the services received from ADX Media, in advance of the time period during which such services are provided. You agree that until and unless you notify ADX Media of your desire to cancel any or all services received, those services will be billed on a recurring basis.

Cancellations must be done in writing via the cancellation form provided. Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you that your account has been cancelled. At this time, your account with us has been cancelled. If you do not hear back from us or receive an e-mail confirming this cancellation, please contact us immediately.

As a client of ADX Media, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. ADX Media provides a 10 day grace period from the time the invoice is due and when it must be paid. Any invoice that is overdue for 10 days and not paid will result in a $10 late fee and/or an account suspension until account balance has been paid in full.

ADX Media reserves the right to change the monthly payment amount and any other charges at anytime.

5.) Backups and Data Loss
Your use of the service is at your sole risk. ADX Media is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on ADX Media servers.

6.) Cancellations and Refunds
ADX Media reserves the right to cancel the account at any time with or without notice.

If you wish to cancel an account we require 30 days notice by email - Subject line: "cancellations" to info@adxmedia.net. Your account may be subject to processing & cancellation fees.

Violations of the Terms of Service will waive the refund policy.

7a.) Resource Usage
User may not:
a) Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
b) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
c) Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
d) Run any software that interfaces with an IRC (Internet Relay Chat) network.
e) Run any bit torrent application, tracker, or client. Please note that you may link to torrents off server, but may not host or store them.
f) Participate in any file-sharing/peer-to-peer activities
g) Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
h) Run cron entries with intervals of less than 15 minutes

When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include("http://yourdomain.com/include.php") use include("include.php")

7b.) INODES
The use of more then 50,000 INODES will result in account suspension. Accounts found exceeding 50,000 INODES will not be backed up on our backup servers. A INODE is the actual file or directory and not the size of that file or directory. For example your index.html file is 1 INODE. A directory called homework is counted as 1 INODE as well.

8.) Bandwidth Usage
You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.

9) Uptime Guarantee
Service Level Warranty. In the event Customer experiences any of the following and ADX Media determines in its reasonable judgment that such inability was caused by ADX Media's failure to provide Internet Data Center Services for reasons within ADX Media's reasonable control and not as a result of any action or inaction of Customer or any third parties (including Customer equipment and/or third party equipment), ADX Media will, upon Customer’s request, credit Customer’s account as described below:

A. Inability to Access the Internet (Downtime). If Customer is unable to transmit and receive information from ADX Media's Internet Data Centers (i.e., ADX Media LAN and WAN) to other portions of the Internet because ADX Media failed to provide Internet Data Center Services for more than fifteen (15) consecutive minutes, ADX Media will credit Customer’s account the pro-rata ADX Media connectivity charges. (i.e., only bandwidth related charges are eligible for credit. Credits are based in proportion, according to a factor that can be calculated exactly to said downtime)

NOTE: Customer Must Request Credit. To receive any applicable credits, Customer must notify ADX Media Customer Service at info@adxmedia.net within two (2) business days from the time Customer becomes eligible to receive a credit or forfeit their right to receive a credit. Customer must include their full name, user name, website or server number, and the dates and times of the unavailability. ADX Media will contact Customer to review the status of the credit request and to determine the applicable credit, if any, due Customer. Credits will typically be applied within 30 days of request. Credits will only be applied to accounts in good standing. If the Customer account is past due, the account will be ineligible for a credit.

B. Remedies Not Cumulative - Maximum Credit. In the event that Customer is entitled to multiple credits arising from the same event, such credits shall not be cumulative. Customer shall be entitled to receive only the maximum single credit available for such event. In no event will ADX Mediabe required to credit Customer in any one (1) calendar month ADX Media connectivity charges in excess of seven (7) days of Service. A credit shall be applied only to the month in which the incident took place. Customer shall not be eligible to receive any credits for periods during which Customer received any Service free of charge.

10.) Shared (non-reseller accounts) / Semidedicated Servers
Shared accounts may not resell web hosting to other people, if you wish to resell hosting you must use a reseller account. Semidedicated servers are not backed up. You must maintain your own backups.

11.) Price Change
The amount you pay for hosting will never increase from the date of purchase. We reserve the right to change prices listed on ADX Media.com, and the right to increase the amount of resources given to plans at any time.

12a.) Indemnification
Customer agrees that it shall defend, indemnify, save and hold ADX Media harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against ADX Media, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless ADX Media against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with ADX Media; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from ADX Media's server.

12b.) Arbitration
By using any ADX Media services, you agree to binding arbitration. If any disputes or claims arise against ADX Media or its subsidiaries, such disputes will be handled by an arbitrator of ADX Media's choice. All decisions rendered by that arbitrator will be binding and final. You are also responsible for any and all costs related to such arbitration.

13.) Disclaimer
ADX Media shall not be responsible for any damages your business may suffer. ADX Media makes no warranties of any kind, expressed or implied for services we provide. ADX Media disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by ADX Media and its employees.

14.) Changes to the TOS
ADX Media reserves the right to revise its policies at any time without notice.

15.) Term/Termination of Web Hosting Agreement

ADX Media reserves the right to cancel the account at any time with or without notice.

If you wish to cancel an account we require 30 days notice by email - Subject line: "cancellations" to info@adxmedia.net. Your account may be subject to processing & cancellation fees.

Violations of the Terms of Service will waive the refund policy.

a. The initial term of this Agreement shall be as set forth in the Order Form (the "Initial Term"). The Initial Term shall begin upon commencement of the Services to Customer. After the Initial Term, this Agreement shall automatically renew. ADDITIONALLY AFTER THE INITIAL TERM, YOU ACKNOWLEDGE, AGREE AND AUTHORIZE ADXMEDIA.NET TO AUTOMATICALLY BILL AND/OR CHARGE ON YOUR CREDIT CARD FOR SUCCESSIVE TERMS OF EQUAL LENGTH AS THE INITIAL TERM, UNLESS TERMINATED OR CANCELLED BY EITHER PARTY AS PROVIDED IN THIS SECTION. The Initial Term and all successive renewal periods shall be referred to, collectively, as the "Term."

b. This Agreement may be terminated
i. by either party by giving the other party thirty (30) days prior written notice (subject to an early cancellation fee payable by Customer as provided below),
ii. by ADXMEDIA.NET in the event of nonpayment by Customer,
iii. by ADXMEDIA.NET, at any time, without notice, if, in ADXMEDIA.NET's sole and absolute discretion and/or judgment, Customer is in violation of any term or condition of the this Agreement and related agreements, AUP, or Customer's use of the Services disrupts or, in ADXMEDIA.NET's sole and absolute discretion and/or judgment, could disrupt, ADXMEDIA.NET's business operations and/or

c. If you cancel this Agreement prior to the end of the Initial Term or any Term thereafter,
i. you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation,
ii. ADXMEDIA.NET shall refund to you all pre-paid fees for basic hosting services (shared, dedicated and/or managed) for the full months remaining after effectiveness of cancellation (i.e., no partial month fees shall be refunded), less any setup fees and any discount applied for prepayment,
iii. you shall be obligated to pay 100% of all charges for all Services for each month remaining in the Term (other than basic hosting fees as provided in (ii) above) and (iii) you shall pay an early cancellation fee of $75. Any cancellation request shall be effective thirty (30) days after receipt by ADXMEDIA.NET, unless a later date is specified in such request.

d. ADXMEDIA.NET may terminate this Agreement
i. if the Services are prohibited by applicable law, or become impractical or unfeasible for any technical, legal or regulatory reason, by giving Customer as much prior notice as reasonably practicable or
ii. immediately by giving written notice to Customer, if ADXMEDIA.NET determines in good faith that Customer's use of the Customer Web site or the Customer Content violates any term or condition. If ADXMEDIA.NET cancels this Agreement prior to the end of the Term for your breach of this Agreement and related agreements, the Customer's use of the Services disrupts, ADXMEDIA.NET shall not refund to you any fees paid in advance of such cancellation and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation; further, you shall be obligated to pay 100% of all charges for all Services for each month remaining in the Term and ADXMEDIA.NET shall have the right to charge you an administrative fee of $50.00.

e. Upon termination of this Agreement for any cause or reason whatsoever, neither party shall have any further rights or obligations under this Agreement, except as expressly set forth herein. Termination of this Agreement and retention of pre-paid fees and charges shall be in addition to, and not be in lieu of, any other legal or equitable rights or remedies to which ADXMEDIA.NET may be entitled.

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