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inexmedia
provides World Wide Web page hosting, inexmedia reserves
the right to suspend or cancel any customer's access to any
or all services provided by inexmedia when inexmedia
decides that the account has been inappropriately used
or otherwise.
These are the terms and conditions for use of the Internet
services provided by inexmedia. By purchasing services
from inexmedia.com, you (subscribers) agree to abide by
these terms and conditions. We reserve the right to change
this agreement at any time without notice.
LAWFUL USE
Personal accounts are to be used by the primary owner only,
account holders are not permitted to resell, store or give
away web-hosting services of their website to other parties
even if it was for free or non-profitable.
You are responsible for conforming to all federal, state,
and local laws regarding the Internet and electronic
communication. You must respect the intellectual property
and copyrights of resources provided by others on the net.
You may not participate in any illegal activities while
using your account. You must obey the laws of the United
States and other countries that you communicate with over
the net. We cannot and do not monitor or control traffic
content to/from our service. You are responsible for keeping
your activities legal, and for censoring yourself and
colleagues. Subscribers is not permitted to post any
material that is illegal, libelous, tortuous, or likely to
result in retaliation against inexmedia.com. Should the
posted material fall into this category, we reserves the
right to immediately refuse or terminate service.
inexmedia does not allow any of the following contents to
be stored on any of its servers:
-
Illegal Material
- This includes copyrighted works, commercial audio, video,
or music files and any material in violation of any Federal,
State or Local regulation.
- Adult Material - Includes all pornography, erotic
images, or otherwise lewd or obscene content. The
designation of "adult material" is left entirely
to the discretion of inexmedia.
- Warez - Includes pirated software, ROMS, emulators,
freaking, hacking, password cracking, IP spoofing, etc., and
encrypting of any of the above. Also includes any sites
which provide "links to" or "how to"
information about such material.
inexmedia does not allow any of the
following contents to be stored on its LINUX servers:
-
Online/Offline Games and Anime Sites :
Includes all online/offline Casinos, Gambling, MUDs, Egg
Drop, any kind of interactive gaming Anime communties,
PlayStation game Forums, news or reviews.
- Portals : Includes any size of portals for any
purpose .
- Streaming Media : we dont allow any kind of
streaming media (legal or illegal) including real audio,
real video, QuickTime, ... we accept the Flash/Shockwave
only as streaming media.
inexmedia only allow the servers to be used for World
Wide Web Page Hosting and the only files that should be
present are those necessary for the correct operation of the
website.
inexmedia will terminate any account that contains any of
the above mentioned contents without any warning and without
refunding any payments.
"UNLIMITED" POLICY
High bandwidth usage: inexmedia offers an unlimited
use policy by maintaining very large ratios of bandwidth per
customer. In rare cases, inexmedia may find a customer to
be using server resources to such an extent that he or she
may jeopardize server performance and resources for other
customers. In such instances, inexmedia reserves the
right to impose the High Resource User Policy for the
consideration of all customers.
You
can run any CGI and non-CGI scripts you desire, however we
reserve the right to disable any script that dramatically
affects server performance.
We currently do not allow IRC or IRC bots to be operated on
our servers.
We are proud to offer our clients non-restricted data
transfer. This is considered any transfer of information in
the form of text or graphic, directly readable by a web
browser. Our intention is to provide a large storage space
to serve web documents, not an off-site storage area for
electronic files. All web pages (HTML) must be 'linked' with
files (.GIF, .JPEG, etc.) that are stored on our servers.
Web sites that are found to contain either/or no HTML
documents or a large number of unlinked files are subject to
warning, suspension or cancellation at the discretion of our
administration.
As a note, over 85% of our clients never exceed even 2000
megs of total FTP and web page transfer combined, so you can
be assured that our bandwidth is not choked by numerous
'load-heavy' sites. To further protect the integrity of our
service, any individual site consistently using 10% or more
of the system's resources may be issued a warning or have
its account deactivated.
HIGH RESOURCE USER POLICY
Resources are defined as bandwidth and/or processor
utilization.
inexmedia may implement the following policy to its sole
discretion:
When a website is found to be
monopolising the resources available inexmedia reserves
the right to suspend that site immediately. This policy is
only implemented in extreme circumstances and is intended to
prevent the misuse of our servers.
DATA AND BACKUP
While we do back up our system files, we do not back up
domain files uploaded by our subscribers. This means that if
you upload web pages or other personal files to our system,
you must keep a backup on your own machine. Subscribers
agree that inexmedia has the right to delete all data,
files, or other information that is stored on inexmedia's
servers upon termination of services, or cancellation of
account due to non-payment or breaking of any of these terms
by subscriber.
UNSOLICITED ADVERTISING (spam)
Unsolicited advertising (spam) via E-mail or newsgroups
is prohibited and shall result in immediate account
dismissal. "Spamming", including (but not limited
to) mass-E-mailing, cross-posting, or otherwise causing
abuse to others on the net is prohibited and will be grounds
for account dismissal. Any actions construed to be
negligent, malicious, or a denial-of-service attack is
strictly prohibited.
HOLD HARMLESS
Subscribers will indemnify and hold inexmedia.com
harmless (including officers, employees, agents, and
shareholders) of any and all claims, costs, expenses or
liability resulting from any damage to Subscribers's
business, service, equipment, network, operations, or
reputation resulting from inexmedia.com's actions.
Indemnification includes, but is not limited to, any
government actions, acts of vandalism or other retaliation,
and any claims of libel, unfair competition, infringement of
any patent, copyright, trademark, service mark, or other
intellectual property right, violation of privacy, or other
tort.
PAYMENT POLICY
All accounts are set up on a prepay basis. Although inexmedia
reserves the right to change prices of accounts or services
at any time all pricing is guaranteed for the period of
prepayment.
In order to streamline our accounting procedures and keep
costs down inexmedia accepts credit cards: Mastercard,
Visa (not Visa electron), Discover and American Express, and
cash transfers by: WeternUnion or AmericanExpress, in some
cases inexmedia accepts direct payment to its bank
account.
In addition, inexmedia reserves the right to suspend
other services until the outstanding debt is cleared. The
customer is responsible for all money owed on the account
from the time it was established to the time that the
customer sends a cancellation request, Customer can request
cancellation and non-renewal of his account at least 7 days
before renewal date, inexmedia will automatically re-bill
your credit card within 7 days before renewal date, Renewal
fees are completely non-refundable.
CANCELLATION AND REFUNDS
inexmedia reserves the right to
cancel the service at any time. Customer refund requests are
to be sent via email to: refund@inexmedia.com and will
only be processed in the cases of service non-performance
that might be caused by inexmedia's side, Refund requests
will be refused if requested for any cause that is out of inexmedia's
side, For example:
- Domain transfer failure.
- Failure of any third party programs or features that are
not supported or promoted by inexmedia.
- Customers lack of experience in dealing with web basics
and communication protocols
FRAUD FIGHTING
For Those Thinking About Commiting Fraud :
1. Card fraud is a federal crime and a felony punishable by
heavy fines and jail time. Fraudulent behavior will be
prosecuted aggressively and with a passion to the fullest
extent of the law.
2. The ID and address of your computer and your ISP provider
have been determined, and recorded as a safeguard against
fraudulent behavior and may be used by inexmedia.com or
legal entities to prosecute guilty parties.
3. All information must match card account records as
provided by the card-issuing bank. Inputting intentionally
false information is fraud and will not be tolerated and may
subject you to prosecution.
4. Card numbers are transmitted directly to the banking
network for authorization. inexmedia.com considers fraud
a direct and serious threat to our business profitability.
We do not take any effort to defraud lightly and will
prosecute whenever and wherever possible to the fullest
extent of the law.
INDEMNIFICATION
Customer agrees that it shall defend, indemnify, save and
hold inexmedia harmless from any and all demands,
liabilities, losses, costs and claims, including reasonable
attorney's fees asserted against inexmedia, 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 inexmedia against liabilities arising
out of:
(1) any injury to person or property caused by any products
sold or otherwise distributed in connection with inexmedia's
server.
(2) any material supplied by customer infringing or
allegedly infringing on the proprietary rights of a third
party.
(3) copyright infringement.
(4) any defective products sold to customer from inexmedia's
server.
DISCLAIMER
inexmedia will not be responsible for any damages your
business may suffer, inexmedia makes no warranties
of any kind, expressed or implied for services we provide.
inexmedia disclaims any warranter merchantability or
fitness for a particular purpose. The includes loss of data
resulting from delays, nondeliveries, wrong delivery, and
any and all service interruptions caused by inexmedia and
its employees.
inexmedia reserves the right to revise the above
mentioned policies at any time.
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