Revision date: 02/03/2013



Prohibited Content

All services provided by NixiHost.com ("NixiHost.com") may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any United States federal, state or city law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless NixiHost.com from any claims resulting from the use of service which damages the subscriber or any other party. Prohibited are sites that promote any illegal activity or present content that may be damaging to NixiHost.com's servers, or any other server on the Internet. Links to such materials are also prohibited.


Examples of unacceptable content or links:



DMCA Policy

NixiHost.com is required by United States law to process complaints made under the Digital Millennium Copyright Act. Digital Millennium Copyright Act notices may be submitted to NixiHost.com via email or regular mail:

Email:
abuse [at] nixihost.com

Mailing Address:
NixiHost.com
Attn: Legal Division
PO Box 79023
Houston, TX 77279-9023
United States

Our customer will be given 5 business days to respond to a complaint once it has been received and processed by NixiHost.com. During this time, the content in question must be removed or a DMCA Counter Notice provided, which will then be relayed to the plaintiff.



Service Usage

Unlimited features (disk, bandwidth, email accounts, databases, etc.) are offered to our customers as a courtesy and are not intended for excessive usage. NixiHost.com reserves the right to determine which usage is/is not considered excessive as per this policy.



Server Abuse

Any attempt to undermine or cause harm to a server or customer of NixiHost.com is strictly prohibited. As our customer you are responsible for all of your accounts. Should you violate the Terms of Services outlined within, NixiHost reserves the right to cancel or terminate service.



Refusal of Service

We reserve the right to refuse, cancel or suspend service, at our sole discretion. All sub-networks, distributive hosting sites and dedicated servers of NixiHost.com must adhere to the above policies, with the exception of system resources in respect to dedicated servers.



Billing

By the Account Activation Date of each month, NixiHost.com shall either: (1) debit the client's credit card (when such information has been provided by the client); or (2) deliver, by e-mail or regular mail, an invoice in accordance with the applicable Service Fees for services rendered for the current month. When an invoice is delivered to the client, payment shall be remitted to NixiHost.com by no later than the specified payment due date. NixiHost.com shall be entitled to immediately terminate this agreement for client's failure to make timely payments. You will be provided with an invoice on a monthly basis. All credit cards are billed automatically on a monthly basis. It is the client's responsibility to ensure that they have sufficient credit to cover this transaction. In the event that there is insufficient credit, we will send an e-mail notification, at which point we will need to be provided with another credit card account number within 24 hours. If we do not receive a response within 24 hours, the account, and all accounts under that account plan, will be suspended.



Service Fees

Certain services carry a setup fee charged by NixiHost.com to client, which must be paid by client in order to have use of said services. If client terminates this agreement, client shall be responsible for any and all outstanding fees owed to NixiHost.com and agrees to pay any and all fees incurred by client. Because the services are provided on a monthly basis, the client will be responsible for service fees incurred each month, regardless of when client provides notice of termination. Thus, for example, if the client provides notice of termination on the 15th day of a particular month, the client will be responsible for service fees for the entire month, and such fees will not be pro-rated or refunded.



Money back guarantee & refund policy

We offer a 30 day money back guarantee. Refunds: If client has retained the services for one year and has pre-paid NixiHost.com for such services, refunds will be issued for any unused full month of the services, upon client's request. Therefore, if client's account is cancelled at any point during the one-year term, client will be entitled to a refund for the months remaining, after notice given by the 25th day of the preceding month. Dedicated hosting services and other custom hosting packages are exempt from our refund policy. Unused time and partial refunds cannot be issued for these products.



Account Deactivations

Any account deactivated due to non-payment will require a reactivation fee of $5.00 prior to reactivation.



Cancellation Refunds

We DO NOT refund partial monthly fees to accounts. We require 30 days notice for a cancellation. Cancellation requests may be submitted through our ticketing system.



Limitation of Liability

NixiHost.com shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from NixiHost.com servers going off-line or being unavailable for any reason whatsoever. Furthermore, NixiHost.com shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of NixiHost.com servers. All damages shall be limited to the immediate termination of service.



Violations

Violations of these Acceptable Use Policies should be referred to abuse [at] nixihost.com. All complaints will be investigated promptly.



Disclaimer

NixiHost.com cannot be held liable for system down time, crashes or data loss. We cannot be held liable for any predicated estimate of profits which a client would have gained if their site was functioning. Certain services provided by NixiHost.com are resold. Thus, certain equipment, routing, software and programming used by NixiHost.com are not directly owned or written by NixiHost.com. Moreover, NixiHost.com holds no responsibility for the use of our clients' accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, as NixiHost.com sees fit.



Account Activation

By activating your account with NixiHost.com, you agree to the above policies and disclaimer. Upon requesting activation of an account, you are required to accept these policies, guidelines and disclaimer, and a copy of your acceptance is forwarded along with your activation request to be maintained with your account information.

NOTICE: If you sign up for an account and fail to comply with these terms, no refunds will be given. We will, however, advise you by e-mail or phone prior to taking any action to provide you with an opportunity to correct the problem.



Server Uptime Guarantee

NixiHost.com guarantees 99.5% service (http, ftp, pop, imap, smtp) uptime on all hosting plans. Should we fail to deliver this for any given calendar month, your account will be refunded a pro-rated amount for the duration of excessive downtime.



Policy Modification

NixiHost.com reserves the right to amend any or all of the above policies, guidelines and disclaimer without notification. We also retain the right to increase any pricing and make changes to our account plans without notification.