"Company" shall refer to the management team of SpexHost, LLC and the SpexHost, LCC corporate staff body.

"Customer" shall refer to any person(s) who places an order on our website, pay for, access and/or use services from SpexHost, LLC. This includes but is not limited to accessing our servers or accessing our Customer Billing Area.

"Billing Section" or "Customer Support" shall refer to all contents at http://www.spexhost.com/billing/ and any correspondance between Company and Customer via electronic mail or telephone.

All services provided by Company may only be used for lawful purposes. The laws of the State of New York, the State of California, and United States Federal Law and International Law apply. In the case of arbitration or litigation, it shall be at the discretion of Company which court or entity shall be used.

Customer agrees to indemnify and hold harmless Company from any claims resulting from the use of our services.

I. Billing and Payment for Services Rendered

      A. Not-To-Renew Requests
Customer accounts will be automatically rebilled on a monthly payment cycle unless customer requests a cancellation of service. Customer may obtain permission from Company to change the billing cycle to quarterly, semi-annually, or annually. Customer may contact billing regarding a request to cancel prior to their next billing period or choose to terminate their subscription with Company payment processors. When a subscription is canceled, this will be seen as a request to cancel the account immediately unless prior notice has been given by Customer to Company via our Billing Section. The account(s) will be suspended immediately and terminated within the next 48 hours. Customer is responsible for canceling all active subscriptions and scheduled payments with payment processors (even after placing requests to cancel, see B). Company cannot be held liable for customer's failure to properly cancel.

     B. Cancellation
i. Customer may cancel their account at any time with Company via our Billing Section. A request to cancel must be received at least 24 hours prior to the end of your current billing cycle.
ii. All requests must be sent in writing to our Billing Section via Ticket or e-mail. Requests to cancel should include: Account Holder's name, Account Holder's username(s), If the account will be terminated immediately or at the end of the billing cycle. Failure to include this information may result in your request not being processed, or being delayed.
iii. Account(s) will be active until Customer cancels his or her account(s). Customer is responsible for all fees associated with his or her account(s), including fees which result in customer forgetting to cancel their account, or forgetting to cancel their recurring subscription. Once request to cancel is received, your account will be removed either immediately or at the end of the billing cycle, depending on when customer specified. If not specified, it will be removed immediately.
iv. Dedicated server accounts must be cancelled at least 7 (seven) days prior to the next billing date.

     C. Non-Payment
i. As a client of Company, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time.
ii. For all Web Hosting accounts, Company 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 $10.00USD late fee and/or an account suspension until account balance has been paid in full.
iii. Any non-web hosting account found to be delinquent in payment will be removed within 48 hours of invoice due date. If you are unable to pay your bill, you must contact us in our Billing Section beforehand to avoid having your account removed. Please note: once your account is removed, we will not be able to recover it.

     D. Identification
Company, at its sole discretion, may require Identification to be provided for us to process your order. Identification must be a form of government issued ID (Driver's License, Non-Driver ID Card, Military/Police ID, Passport). This Identification will be used to verify your information and allow us to accept payment on your behalf. Company may choose to not process any order when: Requested Identification is not presented within a reasonable manner or timeframe, or the Identification presented is not acceptable.

     E. Customer Eligibility
i. All Account holders must be at least 18 years of age. Minors must have a parent or guardian open an account and authorize the use of that account by the minor. Adult account holder will be held legally and financially liable for any and all actions taken by, with or through use of said account.
ii. You may not open an account with us if it is not legal within your Country to do so.

II. Content and Access on our Servers

     A. Management & Backup of Data
Customer is solely responsible for the management and backup of all customer data, and all updates, upgrades, patches etc.

     B. Abuse
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 trouble ticket or email and will have a response within 48 hours. If in doubt regarding the acceptability of your site or service, please contact us at abuse@spexhost.com and we will be happy to assist you.

     C. Acceptable Use Policy
Customer is required to follow our Acceptable Use Policy (AUP). All resellers, clients, users, and sub networks of the services, servers, and IP addresses provided by Company are subject to this AUP and any attempted or actual violation of this AUP by any person or party on your behalf with or without your consent shall be a violation of this AUP by you.

      D. Property on our Servers
At all times, content on Company servers will remain property of Company. This includes but is not limited to: IP addresses, usernames, processes, data, and login credentials. When your account is terminated all data on your account remains property of Company and will not be released to you or disposed of unless Company decides to do so at its own discretion.

      E. Reselling, Leasing, or Sharing
Reselling services or space on our shell servers is strictly prohibited and will result in immediate termination of Customer's account without notice or refund. The exception to this rule is if either a) Company has specifically given you written permission within the Billing Section, or b) Customer has a "reseller" package as noted within Billing Section.

Policies and Reserved Rights

      Interruption of Service
Company is not liable for any temporary delay, outages or interruptions of the Services which are not a direct result of an error on our behalf.

      SLA/Uptime Guarantee
Company gives a 99.9% uptime Guarantee for all services hosted on our Exclusive DDoS-Protected Network. Servers outside this window are not covered under our SLA/Uptime Guarantee. At this time, Hades.SpexHost.com is the sole server included in that list. Customer is responsible for requesting compensation for any downtime and it shall be at the sole discretion of Company as to what compensation shall be provided for any downtime. The compensation provided by Company shall not exceed the total cost of one month of service paid by the Customer.

      Respect Policy
Customer is required to treat all corporate and volunteer staff with respect and address them in a polite manner. Anyone found violating this policy, at the sole discretion of management, may have their account suspended or terminated with no refund.

      Refund Policy
All sales with Company are final. Company is solely responsible for determining if refunds are to be issued. No customer is entitled to a refund if their account has broken the Terms of Service or Acceptable Use Policy. Any and all disputes regarding our service are to be resolved within our Billing Area. Any disputes, claims, or chargebacks initiated by Customer will result in immediate account suspension and/or termination, loss of chance for any refund, and Customer (and their organization) banned from using our service.

      Misc. Policies
i. Violation of any of these terms is grounds for account termination and possible legal action.
ii. Company reserves the right to notify law enforcement authorities of violations.
iii. Company reserves to right to deny full or partial service to anyone at their sole discretion.
iv. Company reserves the right to review any and all files that reside on our servers at any time without prior notice to the Customer and to remove any files that violate these policies.
v. Any material that, in our judgment, is obscene or threatening is prohibited and will be removed from our servers with or without notice.
vi. Company reserves the right to change these Terms of Service at any time without prior notification. Customer is bound by these Terms of Service immediately upon modification. At your request, we will send you copies of the changes between the current and former Terms of Service agreements.

By submitting a request for service form, paying for, accessing and/or using services of Company, you accept and agree to be bound by all the stated and/or implied terms contained herein.

Last Modified: May 3rd, 2010