Web Hosting Agreement

This Web Hosting Agreement is between IT COX and the person/persons who use our website hosting and domain service. Please read carefully to ensure you understand our terms before purchasing any of our products or services.

Services

IT COX agrees to provide the services stated for the price agreed at any given time. We do not mislead customers with hidden costs, unlike many other web hosting companies.

Terms

All customers are responsible for monitoring their storage space and bandwidth transfer each month. Customers who go over the limit of their account will be sent an email with the option to either upgrade their account or reduce store and/or storage. If customers continue to go over, we will do everything possible to fix the problem. We do hold the right to ban accounts for continuous problems. If customers sign up for an account and cancel it within the first month, they will still be charged for the full first month.

Payments

Renewal notices are emailed three days before the actual renew date in your account. If you’re using a credit card, you will not have to worry about manual payments. All accounts are set up on a pre-pay basis. If payment is not received within 7 days, a $5 fee will be added. IT COX reserves the right to change prices at any time unless other terms have been agreed upon. Any account not brought current within a week (7 days) of email notice or exceeding this time frame in any way is subject to suspension. YOU are responsible for all fees owed on the account from the time it was established to the time that YOU notify IT COX to request termination of services. Although we are based in the UK, our website’s currency is USD. YOUR particular billing cycle corresponds to the contract length that was initially chosen at setup. YOUR account will automatically renew at this length unless canceled beforehand. There is no fee for canceled accounts that have been paid for yearly. If you cancel an account on the monthly billing cycle, IT COX cannot refund any payments made before.

There are no refunds on dedicated and VPS servers. All annual payments are non-refundable once the 30-day money-back guarantee has passed. The only time your annual plan will end is if your account does not comply with our terms of service/acceptable usage policy. Both monthly and annual payments are non-refundable if your account does not follow our terms of service/acceptable usage policy.

Cancellation and Early Termination

Customers must acknowledge that the amount of the services bought is based on customer agreement to pay the fee for the initial term or renewal term.

Server Abuse

Any attempt to undermine or cause harm to a server or customer of IT COX is strictly prohibited.

IT COX will strongly react to any use or attempted use of an Internet account or computer without the owner’s authorization. Such attempts include ‘Internet scamming’ (tricking other people into releasing their passwords), password theft, security hole scanning, etc.

Any unauthorized use of accounts or computers by YOU, whether or not the attacked account or computer belongs to IT COX, will result in action against YOU. Possible actions include warnings, account suspension or cancellation, as well as civil or criminal legal action, depending on the seriousness of the attack.

IMPORTANT NOTE – IT COX has the right to discontinue service or deny access to anyone who violates our policies or the terms and conditions shown below WITHOUT WARNING or PRIOR NOTICE. No refunds of fees paid will be made if account termination is due to a violation of the terms outlined below.

YOU may not run IRC, bots, or clients on shared servers. Unacceptable uses also include but are NOT limited to: Bulk emailing, unsolicited emailing, newsgroup spamming, upload scripts (Rappidleach), pornographic content, illegal content, copyright infringement, trademark infringement, warez sites (including links to/from), cracks, software serial numbers, proxy-relaying, link farming (the act of or by use of scripts), link grinding, link-only sites, spamdexing, FFA (Free-For-All), and/or anything else determined by IT COX to be unacceptable use of our services, including abuse of server resources.

WEB APPLICATIONS and WEB ACCESSIBLE SCRIPTS – All web applications that are out-of-date and actively being exploited will be shut down immediately without prior notice. YOU are responsible for and should evaluate YOUR web-based applications and scripts on a regular basis to ensure their security and orderliness.

Shared hosting accounts may also be terminated if they include the following content or have links to the following content: Providing material that is grossly offensive to the Web community including blatant expressions of bigotry, racism, hatred, or profanity; promoting or providing instructional information about illegal activities; promoting physical harm or injury against any group or individual; displaying material containing obscene nudity or pornographic material (not applicable to managed dedicated servers); displaying material that exploits children under 18 years of age; acts of copyright infringement including offering pirated computer programs or links to such programs; information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities.

Disk Space Abuse

IT COX will be the sole arbiter as to what constitutes a violation of this provision. You are responsible for monitoring your disk space usage. If you need extra disk space, contact one of our staff, and they will be happy to help out. You can also upgrade your hosting plan from inside your IT COX client account.

Bandwidth Abuse

The intention of IT COX is to provide large bandwidth to transfer web documents and not an offsite storage area for electronic files. If YOU violate this condition, YOU will be notified and given 48 hours to remedy the problem. Failure to do so will result in YOU being billed for the overages.

Traffic will go unmonitored until YOU reach the amount of quota allocated to YOUR specific PLAN. IT COX will be the sole arbiter as to what constitutes a violation of this provision.

Acceptable Usage Policy (AUP)

Customers agree to use our services under the Acceptable Usage Policy, which is hereby incorporated into this agreement. Customers agree that IT COX holds the right to change their AUP at any time, without notifying them.

Customers agree that IT COX holds the right to take action against any customer who is defying their AUP, furthermore IT COX holds the right to delete the customer’s account without prior notice.

Unsolicited Email (SPAM)

Spamming, or the sending of unsolicited email, from an IT COX server or using an email address that is maintained by IT COX is STRICTLY prohibited.

IT COX will be the sole arbiter as to what constitutes a violation of this provision. This action WILL RESULT in immediate termination of your account without refund.

Intellectual Property

Material accessible to you through IT COX’s services may be subject to protection under the United States or other copyright laws or laws protecting trademarks, trade secrets, and proprietary information.

Except when expressly permitted by the owner of such rights, YOU must not use IT COX or its servers and network in a manner that would infringe, violate, dilute, or misappropriate any such rights, with respect to any material that YOU access or receive through the IT COX network. If YOU use a domain name in connection with IT COX or a similar service, YOU must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.

Network Security

Customers may not use the IT COX network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for YOU, logging into a server or account YOU are not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization’s security policy.

YOU may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. IT COX will cooperate fully with investigations for violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.

Users who violate system or network security may incur criminal or civil liability.

Electronic Commerce

YOU will be solely responsible for the development, operation, and maintenance of YOUR online store and products along with all content and materials appearing online or on YOUR products, including without limitation:

(a.) the accuracy and appropriateness of content and materials appearing within the store or related to YOUR products, (b.) ensuring that the content and materials appearing within the store or related to YOUR products do not violate or infringe upon the rights of any third party, and (c.) ensuring that the content and materials appearing within the store or related to YOUR products are not libelous or otherwise illegal.

YOU will be solely responsible for the final calculation and application of shipping and sales tax. YOU will also be solely responsible for accepting, processing, and filling any customer orders, and for handling any customer inquiries or complaints arising therefrom.

YOU are also responsible for the security of any customer credit card numbers and related customer information YOU may access as a result of conducting electronic commerce transactions through YOUR website. YOU will keep all such information confidential and will use the same degree of care and security as YOU use with your confidential information.

Static & Dynamic Content Caching

YOU expressly grant to IT COX a license to cache the entirety of YOUR website, including content supplied by third parties, hosted by IT COX under this Agreement, and agree that such caching is not an infringement of any of YOUR intellectual property rights or any third party’s intellectual property rights.

IP Address Ownership

IT COX shall maintain and control ownership of all IP numbers and addresses that may be assigned to YOU by IT COX. IT COX reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.

Domain Name Registration

YOU agree to pay IT COX prior to the effectiveness of the desired domain name registration, the then-current amount set forth in the IT COX price schedule for the initial registration of the domain name and, should YOU choose to renew the registration, subsequent renewals of the registration. All fees are non-refundable, in whole or in part, even if YOUR domain name registration is suspended, canceled, or transferred prior to the end of YOUR then-current registration term.

IT COX reserves the right to change fees, surcharges, renewal fees, or to institute new fees at any time, for any reason, at its sole discretion. YOUR requested domain name will not be registered unless and until we receive the actual payment of the registration fee and have confirmed YOUR registration in an email from IT COX to the email address indicated in YOUR registration application.

In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by IT COX) in connection with the payments of the registration fee for YOUR domain name registration, YOU agree and acknowledge that the domain name registration shall be transferred to IT COX as the paying entity for that registration to the registry, and that we reserve all rights regarding such domain name, including, without limitation, the right to make the domain name available to other parties for purchase.

Transfer Domain Registrar to IT COX

YOU agree to pay IT COX prior to the effectiveness of the desired domain name transfer request, the then-current amount set forth in the IT COX price schedule for the initial transfer request of the domain name.

IT COX reserves the right to change fees, surcharges, renewal fees, or to institute new fees at any time, for any reason, at its sole discretion. YOUR requested domain name will not be registered unless and until we receive the actual payment of the registration fee and have confirmed YOUR registration in an email from IT COX to the email address indicated in YOUR registration application.

In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by IT COX) in connection with the payments of the registration fee for YOUR domain name registration, YOU agree and acknowledge that the domain name registration shall be transferred to IT COX as the paying entity for that registration to the registry, and that we reserve all rights regarding such domain name, including, without limitation, the right to make the domain name available to other parties for purchase.

Transfer Domain Away from IT COX

IT COX reserves all rights, without limitation, to reject the domain name transfer request for the following reasons, but not limited to:

• No response from the Registered Name Holder or Administrative Contact
• Domain name in Registrar Lock Status, and there is no request from Registered Name Holder or Administrative Contact for the status change
• Domain name registration period time will be expiring in less than 60 days or other constraints, other than during the first 60 days of initial registration or during the first 60 days after a registrar transfer

YOU agree and acknowledge that the failure or success of a domain name transfer will be his/her sole responsibility, and IT COX will not be held liable for the failure of a domain name transfer for any reason.

Domain registrations are non-refundable. Please do not purchase the domain name until you are certain that it is exactly what you would like to buy.

Lawful Purpose

IT COX reserves the right to refuse service to anyone. YOU may only use IT COX server for lawful purposes. Transmission of any material in violation of any Federal, State, or Local regulation is prohibited. This includes, but is not limited to, copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. The designation of any materials as such described above is left entirely to the discretion of IT COX management.

Indemnification

Customer agrees that it shall defend, indemnify, save, and hold IT COX harmless from any and all demands, liabilities, losses, costs, and claims, including reasonable attorney’s fees, (“Liabilities”) asserted against IT COX, its agents, its customers, servants 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 IT COX against Liabilities arising out of:

1. Any injury to person or property caused by any products sold or otherwise distributed in connection with IT COX server;
2. Any material supplied by the customer infringing or allegedly infringing on the proprietary rights of a third party; and
3. Copyright infringement.

Arbitration

By using any IT COX services, YOU agree to submit to binding arbitration. If any disputes or claims arise against IT COX or its subsidiaries, such disputes will be handled by an arbitrator of IT COX’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.

Disclaimer

IT COX shall not be responsible for any damages your business may suffer. IT COX makes no warranties of any kind, expressed or implied, for the services we provide. IT COX disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, nondeliveries, wrong delivery, and any and all service interruptions caused by IT COX and its employees. IT COX reserves the right to amend or update these policies without notice. Failure to follow any terms and conditions may result in account deactivation. IT COX furthermore expects that its customers who provide Internet services to others will fully comply with all applicable laws concerning the privacy of online communications. A customer’s failure to comply with those laws will violate this policy. Finally, IT COX wishes to emphasize that in accepting services, customers indemnify IT COX for the violation of any law or IT COX policy that results in loss to IT COX or the bringing of any claim against IT COX. This means that if IT COX is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against IT COX, plus costs and reasonable attorney’s fees.

Disclosure to Law Enforcement

IT COX may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.

Changes to the TOS

IT COX reserves the right to revise its policies at any time without notice.