TERMS OF SERVICE
_____________________________________________________________________
Websites hosted through Maxium Hosting, LLC have had a less than 1% average
downtime.
All hosting accounts have a full
money back guarantee, upon cancellation within 7 days of payment, if the
account holder is not satisfied for any reason. The amount refunded will be the
dollar amount paid to Maxium Hosting, LLC., by the account holder, less the
bandwidth used by that account for the first 7 days of service. Domain
registration fees are not refundable. If we register a domain name, on your
behalf, as part of a free registration promotion - you must keep your domain
name under our current domain name registration services (as of October 2003,
that service is Directi). Cancellation or termination of your account will void
the promotion offer and you will be charged $10 for your domain name
registration.
You may cancel your hosting
account at anytime. Refunds for accounts cancelled after the first 7 days will
be granted less the dollar amount for 1/12 the annual hosting account price,
times the number of full and partial months the account was active. DOESN'T
APPLY TO ANY SPECIAL PROMOTION THAT REQUIRES ONE YEAR CONTRACT FOR THE
PROMOTION PRICE. Any bandwidth overage will be deducted before refund is
granted. In other words, Maxium Hosting, LLC. will refund you ONLY for the full
months that you have not used. You are responsible for making sure that we have
your current and correct contact information on file, by frequently logging
into your billing account. Failure in doing so will result NO REFUND.
We will make every reasonable
attempt to avoid unexpected server downtime and to ensure that all accounts are
well taken care of. We cannot guarantee or predict server downtime. Any network
problem, or outage, is not covered under any guarantee or warranty and will not
be grounds for reimbursement for any subsequent financial damages or losses.
All account data backups are the account holder's responsibility. Maxium
Hosting, LLC is NOT responsible for your data backup or subsequent loss.
Unsolicited E-mail (anti-spam
policy)
Accounts caught sending
unsolicited, as defined by Maxium Hosting, LLC, email or usenet postings,
either through our servers or to promote a web site on our servers will be
terminated immediately, will not qualify for a refund and will be charged $50
per complaint filed. Accounts terminated for sending unsolicited email or
usenet posts give up all rights to any content, files, backups and technical
support associated with this and ALL accounts hosted on any and all Maxium
Hosting, LLC server and network.
Maxium Hosting, LLC reserves the
right to investigate accounts accused of sending unsolicited emails, or usenet
postings, in any way deemed necessary. This includes suspending the accused
account, during the pending investigation.
Sites promoting, advertising or
otherwise making available tools, information and/or software for the purpose
of sending unsolicited email or usenet postings will be shut down without
notice. We reserve the right to cancel all hosting accounts, of anyone having
an account suspended for sending spam. We will make available, upon request,
the source of the complaints. We will NOT make available the actual complaint,
if it means giving out individual contact information of the person filing the
complaint. WE STRONGLY SUGGEST THAT YOU AVOID USING THIRD PARTY MAILING LISTS -
EVEN IF THEY ARE GUARANTEED TO BE CLEAN!!!
Although we have a ZERO TOLERANCE
POLICY on unsolicited email/spam, we are not unreasonable. Since 2003, we have
shut down an extremely small percentage of accounts for sending Unsolicited
Email. However, we can and will enforce our Terms of Service.
*Unsolicited is defined, by
Maxium Hosting, LLC as: E-mail sent to recipients who have not asked to be
contacted by you or Usenet postings (that are cross-posted to more than three
newsgroups and/or posted in newsgroups where this is against that groups FAQ or
charter), for the sole purpose of promoting a website or commercial business on
our servers.
Excessive Bandwidth Use
If your hosting account, with
Maxium Hosting, LLC goes over the bandwidth allowance set for that account, you
agree to pay for that overage. All of our Cpanel hosting accounts have
bandwidth restrictions set. If you reach your designated bandwidth limit, your
account will automatically suspend until the next month.
Currently, the rate charged by
for bandwidth is $1.50 per GB. If your account goes over its bandwidth
allowance for the month, you must either upgrade your account or purchase
additional bandwidth to cover your account bandwidth usage. If you choose
additional bandwidth, you must purchase in 1 GB increments and you must
purchase enough to cover the remaining term of your hosting account. All
bandwidth/traffic/diskspace amounts are measured in MBytes/GBytes.
Account Termination
Violation of our anti-spam policy
will be grounds for immediate account termination. Web sites deemed offensive,
pornographic or racially degrading, by Maxium Hosting, LLC will be removed from
our servers without notice. Abusive behavior of any type will not be tolerated.
Web sites promoting, making available or otherwise contributing to software
piracy, hacking, spamming, denial of service attacks and/or damage to
commercial networks or servers will be removed from our servers without notice
and illegal acts will be reported and prosecuted. Free For All (FFA) link sites
and using your account for IRC/BBN purposes is not allowed on our servers.
Accounts using up enough server
resources, to slow or crash a server, will be shut down without prior notice.
Websites with heavy traffic should not run BBS, webcams, forums and message
board programs on our general hosting accounts, due to the massive amount of
server resources they require. If an account is shut down, due to server
resource issues, we will (upon request) make a reasonable effort to help get
the account unsuspended. This includes tracking down the offending program, if
applicable, and/or making available other arrangements for hosting the account
on a semi-private or private server (additional fees may be required).
Third-party installed versions of FormMail are forbidden, due to the security
risk they pose. We have FormMail available, globally, for all accounts on our
network.
All server activity is logged.
Any snooping, hacking, or other inappropriate activity of any type outside of
your account, on our servers, will be grounds for termination.
In addition, your account is for
web and email use only, any other activities, at our sole discretion, will be
grounds for termination as well.
This Terms of Service may be
amended, at any time, at the discretion of Maxium Hosting, LLC All accounts are
required to comply with any changes made to these policies. Notification of any
major changes to the policies will be emailed to the email addresses we have on
file for all account holders.
If you are unsure if what you are
doing is against our TOS, contact us. There are no refunds granted for accounts
terminated due to TOS violation.
Domain Name Registration and
Renewal Policy
Maxium Hosting, LLC will make
every effort to register, transfer and/or renew your requested domain name.
This is not a guarantee that your requested domain name is available for
registration, transfer and/or renewal. Your domain name may go unregistered,
untransferred and/or renewed, due to circumstances beyond our control, and will
not be grounds for compensation of financial loss.
An order for domain name
registration, transfer and/or renewal, does not guarantee domain name
registration, transfer and/or renewal. Domain names will not be registered,
transferred and/or renewed until payment is received. If requested domain name
is paid for, to Maxium Hosting, LLC and subsequently not registered,
transferred and/or renewed by Maxium Hosting, LLC the domain registration fee
will be refunded.
By placing an order for domain
registration, you agree to the Uniform Domain-Name Dispute-Resolution Policy,
IP Claim Service Agreement and Registration Agreement.
For .US, .CC, .CO.UK and .NAME
domain registration, please see the applicable policy link below:
http://www.opensrs.org/usexhibita.shtml
