"Company" shall refer to the management team of SpexHost, LLC and the SpexHost, LLC 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 https://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.
Billing and Payment for Services Rendered
i. Customer accounts will be automatically re-billed on a monthly payment cycle unless customer requests a cancellation of service.
ii. 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.
iii. When a subscription is cancelled, 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.
iv. Customer is responsible for cancelling all active subscriptions and scheduled payments with payment processors (even after placing requests to cancel, see B).
v.Company cannot be held liable for customer's failure to properly cancel.
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 3 (three) days prior to the next billing date.
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. Company provides a 2 day grace period from the time the invoice is due to when it must be paid. Any invoice that is overdue for 7 days and not paid in full will result in a $10.00USD late fee and/or account suspension or termination.
iii. Company reserves the right, at any time, and at its sole discretion, to suspend any and all packages relating to Customer if any recurring payments fail.
i.Company, at its sole discretion, may require Identification to be provided for us to process your order.
ii.Identification must be a form of government issued ID (Driver's License, Non-Driver ID Card, Military/Police ID, Passport).
iii.This Identification will be used to verify your information and allow us to accept payment on your behalf.
iv.Company may choose to not process any order when: Requested Identification is not presented within a reasonable manner or time-frame, or the Identification presented is not acceptable.
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.
Content and Access on our Servers
Management & Backup of Data
Customer is solely responsible for the management and backup of all customer data, and all updates, upgrades, patches etc.
All Shared web accounts are backed up daily, and all VPS accounts are backed up weekly.
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 email@example.com and we will be happy to assist you.
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.
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.
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.
Company gives a 100% uptime Guarantee for all services hosted on our Exclusive Premium Network.
Servers outside this network are not covered under our SLA/Uptime Guarantee.
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.
Eligibility for SLA guarantee are:
• Company extends this SLA to its direct clients only.
• Company offers SLA credits for use in future billing cycles only and are non-transferrable nor can be exchanged for currency.
• SLA gets calculated from the time a ticket is opened regarding issue to the time issue is resolved.
• Accounts not in good standing are not eligible for any SLA credit.
• Violation of the AUP/TOS in connection with a server disconnection does not make customer eligible for our SLA.
• All SLA claims must be made through Company client area (billing center).
• All SLA claims must be made within 5 business days of downtime.
• SLA claims can only be made by authorized clients on account.
• SLA applies when downtime is due to network and hardware failure and not Customer initiated.
• Upgrades to packages and hardware is not eligible for SLA credit unless downtime is over 4 hours.
• Scheduled maintenance by company is not eligible for SLA credit.
• Acts beyond company control, including weather, natural disaster, war are not eligible for SLA credit.
• Company SLA is subject to change or revised without notice.
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.
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 charge-backs initiated by Customer will result in immediate account suspension and/or termination, loss of a chance for any refund, and Customer (and their organization) shall be banned from using our service.
Money Back Guarantee
Company offers a fifteen-day Money Back Guarantee. All requests must be submitted in writing to our billing department. This guarantee does not cover any dedicated server package or domain registrations.
Life Time Domains
For certain reseller web hosting plans, you will receive a free domain name. The domain name will remain the property of Company at all times. Upon cancellation the domain will be set to not auto renew unless Customer pays a renewal fee to Company. Life Time Domains are only valid for the following Top Level Domains (TLD): .com, .net, .org, .us, .info, .name.
i. Domain packages will be invoiced, charged and renewed one month before the domain expires.
ii. Customer is responsible for any and all costs for domain renewal, including redemption fees due to a Customer renewing their domain after it expires.
i. The $5.00 "per task" fee is limited to issues requiring an hour or less to be resolved. Issues taking more than one hour to be resolved will be charged at $25.00 an hour.
ii. Once work as been completed, a final confirmation will be provided. Up to two days may be given for the client to state if the work was not completed correctly. After the two day period, the ticket will be closed and any additional work will require additional cost.
iii. Company shall not be held liable for any downtime that is due to managed services support.
iv. Once a managed services ticket has been opened it is non-refundable.
i. Customer may not use more than 10 percent of the system resources in a shared environment. This includes CPU, memory, or any other system resource.
ii. With VPS services, Customer may not use their "Burstable" RAM or use excess CPU for an excessive period of time. This time is defined on a case by case basis, and is at the sole discretion of Company.
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 Company's servers at any time with or without prior notification to Customer and to remove any files that violate these policies.
v. Any material that, in our judgement, is obscene or threatening is prohibited and will be removed from our servers with or without notice.
vi. In extreme circumstances, and in an effort to prevent the misuse of Server Resources, Company will immediately suspend Customer's Services including without limitation to Shared Hosting which excessively overuses server resources. Company will remain the sole arbiter as to what constitutes a violation of this policy.
vii. Company reserves the right to limit IPv6 allocation based on justification requirements, account age, and account history.
viii. 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: September 6th, 2015