TX25 acts as a neutral provider of web hosting services to the global Internet. TX25 may suspend services provided to you or cancel your account if determined that you have violated TX25 policies. TX25 is required to enforce the Acceptable Use Policies of our upstream network providers. These include, but are not limited to: AusWeb, UUNet, Sprint, and AT&T.
LAWFUL PURPOSE
TX25 may refuse service to anyone. You may use TX25 services only for lawful purposes. You may not transmit any materials that are in violation of any Federal, State or Local laws. You may not transmit any copyrighted materials or material protected by trade secrets. TX25 will make the decision as to whether materials violate its policies.
SPECIFIC ACCEPTABLE USE POLICIES UNAUTHORIZED USE
TX25 will strongly react to any use or attempted use of an Internet account or computer without the owner's authorization. This includes "social engineering"(tricking other people into releasing their passwords), password cracking, security hole scanning, etc. Any of these actions by a TX25 customer, whether or not the attacked account or computer belongs to TX25, will result in action against the attacker.
Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, according to the seriousness of the attack.
ZERO TOLERANCE
If you send unsolicited email or cross post to Usenet newsgroups, you may be subject to immediate cancellation.
TX25 may cancel your account and terminate your services immediately, with no prior notice and no refund of unused service fees!
This policy is to promote proper Internet etiquette.
PAYMENT POLICIES
Initial Fees
Payment of the setup fee and first period's charges are required for TX25 to activate your service.
Setup fees are non-refundable.
Service for check paying customers will only be activated after your check clears bank processing.
CANCELLATION and Termination of Services by TX25
TX25 reserves the right to cancel your service at any time.
If your account is cancelled because you have violated TX25 usage policies, no refund will be paid.
CANCELLATION by client
You may cancel your service at anytime by opening a support ticket in your account area.
When you cancel your account, you forfeit any unused portion of your service for which you have pre-paid.
TX25 does not provide refunds for yearly services (after the first 7 days grace period)!
You will not receive a refund for time that your account resided on our servers, unless your cancellation is made within the first 7 days of the hosting sign-up.
After the initial first week of grace period no refund will be given!
Refunds will only be given for full, pre-paid yearly services within the first 7 days of your subscription.
TX25 reserves the right to deduct $85 for administration costs of the total yearly charge.
If you are due a refund, TX25 will refund you within 30 days of cancellation receipt.
Setup fees, when applicable, are non-refundable. You are obligated topay for your account even if you do not use it. Because we have provided you with usernames, passwords, DNS entries, and an IP address, you have the ability to use your account. The fact that you do not do so is not relevant - you are still obligated to pay for the account. Even an unused account uses valuable system resources that could be used for other customers. If you have a past-due balance on your account at the time the account is closed (either by your request or due to non-payment), the remaining balance must be paid within 30 days of when the account is closed. If we do not receive payment on the remaining balance in that time, we will begin efforts to collect any fees owed.
We apply a $50.00 collection fee to cover our costs in attempting to collect your debt. If our internal collection efforts fail, we reserve the right to turn the account over to a 3rd-party (either collections agency or attorney) for further action. We also reserve the right to report your unpaid balance to credit reporting agencies as well as ISP/web host information services
You may also cancel your account using fax or regular mail.
Any accounts cancelled must include:
· Account name
· The primary contact's valid signature
· Reason for cancellation
· Last four digits of the bank acount number or Checking account number on file
The customer is responsible for all money owed on the account from the time it is established to the time that cancellation has been confirmed by TX25.
Transferring your domain away from TX25 does not mean your account is automatically cancelled. You must notify TX25 to cancel your account, using one of the methods listed above.
PRICING POLICY
TX25 will not change your fees during the middle of your billing cycle. If fees change, they will go into effect the first day of your next billing cycle.
If you signed up for TX25 under a special promotion and you change your services, the special promotion pricing will no longer be valid for your new services.
TX25 may change package features and specifications at its discretion.
INDEMNIFICATION
Customer agrees that it shall defend, indemnify, save and hold TX25 harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against TX25, its agents, its customers, 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 TX25 against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with TX25's server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customer from TX25's server.
DISCLAIMER
TX25 will not be responsible for any damages customers or their enterprises may suffer. TX25 makes no warranties of any kind, expressed or implied for services we provide. TX25 disclaims any warranty, merchantability or fitness for a particular purpose. The includes loss of data resulting from delays, non-deliveries, wrong delivery, any and all service interruptions caused by TX25 and its employees. TX25 reserves the right to revise its policies at any time.
LIMITATION OF LIABILITY
In no event shall TX25 be liable to customer for any damages resulting from, or related to, any failure or delay of TX25 in providing access to the internet under this agreement. TX25 makes no warranties of any kind, expressed or implied for services we provide. TX25 disclaims any warranty, merchantability or fitness for a particular purpose. In no event shall TX25 be liable to customer for any indirect, special or consequential damages or lost profits arising out of or related to this agreement, the performance or breach thereof, or the accuracy or correctness of databases or the information contained therein, even if TX25 has been advised of the possibility thereof. Any claim or legal action arising out of failure, malfunction or defects in TX25 services or goods, or arising from this contract in any respect, shall be brought within a period of one (1) year following the occurrence or said claim shall be deemed waived. TX25's liability to customer hereunder, if any, shall in no event exceed the total amount customer paid to TX25 hereunder. TX25 will not be responsible for any damages suffered by customer in any way related to this agreement. This includes loss of data resulting from delays, non-deliveries, wrong deliveries, and any and all service interruptions caused by TX25 and its employees by its own negligence or customers errors or omissions. TX25 reserves the right to revise its policies at any time.
