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.::[ Terms of Use]::.

Upon signing up for TuXs' services, all customers agree to comply with TuXs' Terms of Use. The spirit of this policy is to ensure our customers are using TuXs' services with due regard to the rights of other Internet users and in conformity with the requirements of Sh3lls.Net's network environment.

Refund Policy

Customer has seven days to do a "trial version" with our package. In these seven days period the customer has the right to cancel or demand a full refund if they are not satisfy with the service. However, after exceeding this seven day period the customer will not be entitled to a full refund and they will be billed until a cancellation is incited. However, customers are entitled to a pro rate refund for any unused days in a given month. This refund policy applies to only TuXs Web hosting Services. It does not applies to domain registration, as there is no refund in case of domain registration.

Illegal Use
TuXs servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of unacceptable content or links include: pirated software, hacker programs or archives, Warez sites, MP3.

Adult Content
Due to the special system and network requirements of adult-oriented sites, pornography and sex-related merchandising are allowed only after prior permission from TuXs. This includes sites that may infer sexual content or provide links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet, or provide links to such sites.

Violations of system or network security are prohibited and may result in criminal and civil liability. Examples include but are not limited to the following: unauthorized access, use, probing, or scanning of systems security or authentication measures, data, or traffic; interference with service to any user, host, or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system, broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.

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. TuXs shall be the sole arbiter of what is considered to be a high server usage level.
Any web hosting account deemed to be adversely affecting server performance or network integrity will be shut down without prior notice.

TuXs does not allow IRC or IRC bots to be operated on our the web hosting servers. But allowed on the irc/shell servers.

UCE (Unsolicited Commerce Email) - SPAM
Spamming, the sending of unsolicited mass email from or through a TuXs server or using an email address that is maintained on a TuXs machine is STRICTLY prohibited. TuXs will be the sole arbiter as to what constitutes a violation of this provision. Customers are also in violation of this provision if they engage in spamming using the service of another ISP or IPP, but channel activities through a TuXs server as a mail drop for responses. Violators will be assessed a minimum fine of $500 and will face immediate suspension.

Server Abuse
Any attempts to undermine or cause harm to a TuXs server or customer are strictly prohibited.

Service Availability
Our server will maintain a 99.9% uptime, if this uptime is not met, TuXs may allow a service refund at our discretion, and upon client request. TuXs however cannot be held responsible for network issues between your location and the server.

We shall have the right to suspend the Services at any time and for any reason without notice, but if such suspension lasts or is to last for more than 30 days you will be notified of the reason.

The Services provided to you hereunder and your account with us cannot be transferred or used by anyone other than you. No more than one login session under any one account may be used at any time by you. User programs may be run only during login sessions. If your account is found to have been transferred to another party, or shows other activity in breach of this sub clause, we shall have the right to cancel the account and terminate the Services and/or this Agreement immediately.

Server Backups
Most of our servers are provided with backup equipment and automated procedures. For liability reasons we cannot guarantee these backups at any given point in time. Backups are typically made on a secondary hard drive on the same server, therefore cannot be stored off site.

If restoration of files, or database is required, please submit a support request. Restore request may take more time than most other support requests.

We offer up to two free, full, or partial restores per client, per month. Resellers with many customers may be allotted more at TuXs's full discretion.

Sub-Accounts and Reseller Accounts

Multi-Domain and Reseller accounts are for all legal purposes synonymous. A reseller may create sub-accounts within his/her own domain space, and sub-lease this space. The reseller account becomes the parent account to the sub-account.

It is the responsibility of the reseller to supply technical support to their own clients. TuXs and it's agents, will not supply technical support to the clients of our resellers without prior arrangements.

A reseller must take full responsibility for their own payments to TuXs regardless of their payment arrangements with their own clients.

All users on TuXs servers are required to follow the rules in this Terms of Service. A reseller may, impose more restrictive rules on their own clients, but not less restrictive.

TuXs expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of on-line communications. A subscriber's failure to comply with those laws will violate TuXs policy. Finally, TuXs wishes to emphasize that in signing the service agreement, subscribers indemnify TuXs for any violation of the service agreement, law, or TuXs policy, that results in loss to TuXs or the bringing of any claim against TuXs by any third-party. This means that if TuXs is sued because of a subscriber's or customer of a subscriber's activity, the subscriber will pay any damages awarded against TuXs , plus costs and reasonable attorneys' fees.

Actions Taken by TuXs
The failure by a customer to meet or follow any of the above Terms of Use is grounds for account deactivation. TuXs will be the sole arbiter as to what constitutes a violation of the Terms of Use. TuXs reserves the right to remove any account without prior notice.

When TuXs becomes aware of an alleged violation of its Terms of Use, TuXs will initiate an investigation. During the investigation, TuXs may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, TuXs may, at its sole discretion, restrict, suspend, or terminate a customer's web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, TuXs will notify the appropriate law enforcement authorities of such violation.

TuXs does not issue credits for outages incurred through service disablement resulting from Terms of Use violations.

Limitation Of Liability

TuXs customers agree to indemnify and hold harmless TuXs from any claims resulting from the use of our services that damages them or any other party. The TuXs service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. TuXs expressly disclaims any representation or warranty that the TuXs service will be error-free, secure or uninterrupted. No oral advice or written information given by TuXs, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. TuXs and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.

TuXs reserves the right to add, delete, or modify any provision of its Terms of Use at any time without notice.


Last Updated: 17/06/2010

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