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Terms of
Service (TOS) Agreement
MaxHub.Biz (RCB:
53060144C) shall be known throughout this document as
MaxHub.Biz Total I.T Solutions. MAXHUB.BIZ agrees to provide
the client web hosting for a monthly fee (or otherwise agreed
upon by both parties). MAXHUB.BIZ Inc. will never require
clients to advertise for MAXHUB.BIZ Inc. on their website in
any way shape or form unless agreed upon such as a non-profit
organization receiving complimentary hosting. Client is
allowed to use site for business/commercial or personal
websites.
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Content
All services provided by MAXHUB.BIZ may be used for lawful
purposes only. Transmission, storage, or presentation of any
information, data or material in violation of any United
States, Canada (or any other country) law is prohibited. This
includes, but is not limited to: copyrighted material,
material that is threatening or obscene, or material protected
by trade secrets and other statue. The subscriber agrees to
indemnify and hold harmless MAXHUB.BIZ from any claims
resulting from the use of the service which damages the
subscriber or any other party. |
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Pornography
(both legal and illegal) and sex-related merchandising are NOT
permitted. MAXHUB.BIZ will be the sole arbiter as to what
constitutes a violation of this provision.
Examples of non-acceptable content or links:
• Pirated
software
• Hackers programs or archives
• Warez Sites
• Spamming Software
• Pornography Sites
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UNMETERED
BANDWIDTH POLICY
The purpose of the MaxHub.Biz Unmetered Bandwidth Policy is to
assure owners of standard operating web sites and small
businesses that they will not be surprise billed for bandwidth
usage. It is one less thing someone will need to worry about
while hosting their web site at MaxHub.Biz. The MaxHub.Biz
Unmetered Bandwidth Policy does not cover certain web sites.
These include the following:
* Web
Portals/Communities/Forums - Any sites that have members
and/or forums.
* Online Gaming - Includes online casinos and
single/multiplayer online games.
* Image Galleries - Includes eBay or other online auction
image dumps.
* Downloads - Any site that prompts for a download or has
large applets.
* Audio/Video - Any streaming content, web-cams or audio/video
downloads.
* Chat - Includes PHP and Java chat rooms. CGI-based chat is
not allowed on our servers.
If you are
planning on using our servers to host one of these sites,
MaxHub.Biz will allow for 50 GB's of transfer per month. You
will be billed $5.00/1 GB's/mo thereafter. All other accounts
for personal and small business are allowed unmetered
bandwidth. If you adhere to our Terms and Conditions of Use
Policy and run a standard web site, you will be covered under
the unmetered bandwidth policy. (99.9% of all MaxHub.Biz
hosted web sites currently qualify for their unmetered
bandwidth usage.) Accounts that do not follow our Terms and
Conditions of Use policy are classified as metered bandwidth
accounts and will be billed accordingly. |
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BACKGROUND-RUNNING PROGRAMS (BGPS) (IRC/IRCD AND ANY OTHER
BGPS)
As a general rule we do not allow background-running programs.
We may allow programs to run continually in the background,
these are considered on a one to one basis and an extra charge
will be incurred based on system resources used and
operational maintenance needed. Distribution and/or
Transmission of Obscene or Indecent Speech or Materials:
Violation of indecency and obscenity laws can result in
criminal penalties. |
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INTELLECTUAL PROPERTY RIGHTS
Material accessible to you through MAXHUB.BIZ Services may be
subject to protection under United States, Canada (or any
other country) copyright laws, or laws protecting trademarks,
trade secrets or proprietary information. Except when
expressly permitted by the owner of such rights, you must not
use the MAXHUB.BIZ service in a manner that would infringe,
violate, dilute or misappropriate any such rights, with
respect to any material, which you access or receive through
the MAXHUB.BIZ Network. If you use a domain name in connection
with the MAXHUB.BIZ service or similar service, you must not
use that domain name in violation of any trademark, service
mark, or similar rights of any third party |
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NETWORK
SECURITY
Customers may not use the MAXHUB.BIZ 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 the customer, logging into a
server or account the customer is 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. Customers 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. MAXHUB.BIZ will cooperate fully with investigations
of 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. |
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DEFAMATION
Defamatory speech distributed over the Internet can result in
civil liability for the defamer. |
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REFUSAL OF
SERVICE
MAXHUB.BIZ reserves the right at its sole discretion to refuse
or cancel service. Violation of any of MAXHUB.BIZ Rules and
Regulations could result in a warning, suspension, or possible
account termination. Accounts terminated due to policy
violations will not be refunded. Free domains which have been
granted for customers paying annually are released to the
customer at the end of there hosting period. Domains
terminated due to policy violations will not be released to
the customer. |
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SPAM OR
UNSOLICITED E-MAIL
You must not use the MAXHUB.BIZ Network, MAXHUB.BIZ equipment
or any MAXHUB.BIZ email address in connection with the
transmission of spam, flames, mail bombs, or substantially
similar, unsolicited email messages. Your domain may not be
referenced as originator, intermediary, or reply-to address in
any of the above. This prohibition extends to the sending of
unsolicited mass mailings from another service that in any way
implicates the use of the MAXHUB.BIZ Network, MAXHUB.BIZ
equipment or any MAXHUB.BIZ email address. A message is
considered unsolicited if it is posted in violation of a
newsgroup charter or if it is sent to a recipient who has not
requested or invited the message. For purposes of this
provision, merely making one's email address accessible to the
public will not constitute a request or invitation to receive
messages.
If you are
found to have spammed, MAXHUB.BIZ reserves the right to
disable your domain without warning. In addition, MAXHUB.BIZ
may impose a $50 penalty for each spam policy violation.
MAXHUB.BIZ solely reserves the right to refuse or cancel
service to known spammers. Lastly, MAXHUB.BIZ reserves the
right to determine what violates this policy. As such, any
violation may result in cancellation of services without
refund. |
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ABUSE
Any attempts to undermine, slander, libel, threaten, or cause
harm to a MAXHUB.BIZ Inc. server, customer, employee, or the
company directly is strictly prohibited and is grounds for
immediate termination without refund. In addition, we will
pursue all attempts to the fullest extent of the law. |
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INDEMNIFICATION
Customer agrees that it shall defend, indemnify, save and hold
MAXHUB.BIZ (or it's employee's/owners) harmless from any and
all demands, liabilities, losses, costs and claims, including
reasonable legal fees asserted against MAXHUB.BIZ, 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, it's agents,
employees or assigns. Customer agrees to defend, indemnify and
hold harmless MAXHUB.BIZ against liabilities arising out of;
(1) any injury
to person or property caused by any products sold or otherwise
distributed in connection with MAXHUB.BIZ server;
(2) any
material supplied by customer infringing or allegedly
infringing on the proprietary rights of a third party and
(3)
copyright infringement. Customer agrees to limit the liability
of MAXHUB.BIZ to the amount paid for service. |
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REFUNDS
POLICY
You may cancel your account at any time before your monthly
billing date, and you will not be billed for the next month.
If you are paying annually for web site hosting services, we
will issue a pro-rated refund for months not used minus a 15%
service fee. Accounts terminated by MAXHUB.BIZ for breach of
the Terms of Service will not be entitled to a refund. |
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DOMAIN
OWNERSHIP
Existing domains that are transferred to MAXHUB.BIZ, for any
reason, remain the sole property of the client. MAXHUB.BIZ
will only transfer domains at the request of the client.
Domain modifications (DNS, address changes, etc; renewals
excluded), requested by the client will be completed by a
MAXHUB.BIZ staff member at no charge.
Free domain
registrations – MAXHUB.BIZ may, from time to time, offer free
domains through custom plans or promotions. Any domains
offered through such a promotion or agreement, will become the
sole property of the client after the initial 1 year
registration period has expired and the domain has been
renewed by the client through MAXHUB.BIZ. |
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DISCLAIMER
MAXHUB.BIZ will not be responsible for any damages your
business may suffer. MAXHUB.BIZ makes no warranties of any
kind, expressed or implied for services we provide. MAXHUB.BIZ
disclaims any warranty or merchantability or fitness for a
particular purpose. This includes loss of data resulting from
delays, non-deliveries, wrong delivery, and any and all
service interruptions caused by MAXHUB.BIZ and its employees.
MAXHUB.BIZ is not responsible for downtime due to matters
“beyond our control”; this includes, but is not limited to:
earthquake, fire, hacking, or computer viruses.
MAXHUB.BIZ
keeps backups of key server systems only. MAXHUB.BIZ can
accept no responsibility for any loss of data or consequences
arising from this. MAXHUB.BIZ always advises clients to back
up their site data regularly for its own protection.
MAXHUB.BIZ
furthermore expects that its customers who provide hosting
services (resellers) to others will ensure its customers fully
comply with all applicable laws concerning the privacy of
online communications and any other policy of MAXHUB.BIZ A
customer's failure to comply with those laws will violate this
policy.
If a customer
provides hosting services (resellers) to others and decides to
cancel their reseller hosting account with MAXHUB.BIZ then
MAXHUB.BIZ will not be responsible for maintaining hosting for
the resellers customers.
Finally,
MAXHUB.BIZ wishes to emphasize that in accepting services,
customers indemnify MAXHUB.BIZ for the violation of any law or
MAXHUB.BIZ policy, which results in loss to MAXHUB.BIZ or the
bringing of any claim against MAXHUB.BIZ This means that if
MAXHUB.BIZ is sued because of activities of the customer that
violate any law, or this policy, the customer will pay any
damages awarded against MAXHUB.BIZ, plus costs and reasonable
legal fees. Failure to comply with any of the above Terms &
Conditions will result in grounds for immediate account
deactivation. MAXHUB.BIZ reserves the right to change, edit,
or update the policies contained in this document at any time. |
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