3iX
Networks - Terms of Service (TOS)
Use of 3iX's Service
constitutes acceptance and agreement to 3iX's AUP
(Acceptable Use Policy) as well as 3iX's TOS (Terms
of Service). From herewith in this TOS, AUP, and SLA,
the usage of "us", "we", "our", "ours" shall constitute
reference to 3iX, the usage of "you", "your", "they",
"them" shall refer to client / customer of 3iX.
Acceptance of Contractual Agreement
1. Client agrees that
by placing an order either by means of electronic
ordering (web order form) or submitting a written
contract, and receipt of such order by 3iX, that you
are agreeing to our TOS, AUP, and SLA. No Modifications
of said contract by customer is allowed.
2. 3iX will provide,
and Customer will purchase and pay for, the Services,
and service fees specified in the Order for the applicable
Service Description. Customer acknowledges that the
service, and service fees have been communicated to
the customer, and that they are aware of all applicable
charges as per contract, AUP, SLA, and TOS. Customer
also understands that any promotional offers unless
specified in contractual terms will not be applicable
to their individual service.
What may NOT be hosted on our network:
-
Warez
-
IRC
-
Child pornography
-
Copyrighted media, includes
but not limited to: Video, Music, TV, Radio
-
Hacking tools / material
-
Anything that may harm us,
the server, or anyone else (mentally, physically)
Network Uptime is the total time in a calendar
month that 3iX network is available through the Internet,
provided that Client has established connectivity.
3iX takes responsibility for Network availability
within their network, however, we cannot be held liable
for upstream problems, outside of our network. Our
guarantee is that our Network will be available to
clients free of Network Outages, that render 100%
packet loss, 99% of each calendar month
Network Outages or Unscheduled Downtime
is any unplanned or unscheduled interruption in Service
availability during which Client is unable to access
the services as described in the section titled "Network
Uptime" above. A Network Outage is defined as a period
in which 100% packet loss to our network is experienced,
which is determined to have been caused by a problem
in 3iX's Network as confirmed by 3iX. Downtime or
outages are measured as the total length of time of
the unplanned interruption in service availability
in a calendar month.
Scheduled Downtime is any 3iX scheduled
interruption of Services, for the purpose of network
upgrades, or replacement of any equipment in order
to provide for you better service. Scheduled downtime
occurs during notified downtime periods, with as much
advance warning as possible via e-mail with a minimum
of 12- 24 hours notice.
SLA Network Violation Credit
see: 3iX's
Service Level Agreement
Performance Credit
exclusions: The following are excluded from the monthly
calculation of Service Availability:
-
Scheduled downtime.
-
Problems outside of 3iX's network
(upstream providers, or client's inbound connection)
not effecting 100% loss to our network.
-
Interruptions or failure of
individual service caused by client, their employees,
client's customers, etc. to their service.These
include inaccurate configuration, 3rd party software,
client abuse or over utilization of resources,
hacked servers, attacks, exploits, server hardware
failures or other users on server to cause the
server to overload which may cause downtime. We
will do our best to remove such offenders immediately.
Payments and Fees
Payment is due every
6 or 12 months by credit card or PayPal, an invoice
will be raised and can be paid from the Client Area,
please note that service may be suspended on accounts
that reach 10 days past due, We do not charge late
or re-connection fees.
Delinquent Accounts
3iX may temporarily
deny service or terminate this Agreement upon failure
of Customer to pay charges when due. Such termination
or denial will not relieve Customer of responsibility
for the payment of all accrued service fees, or any
collection fees.
Account Cancellation
All requests for
canceling any service / services must be made in
writing with at least 15 days notice but not more
than 30 days prior written via email to billing@3ix.org
include your domain name, last name on credit card
in your email.
Refunds and Disputes
All payments to 3iX
are non refundable (unless covered by 30-day Money
Back Guarantee). This includes any setup fees and
monthly fees regardless of usage. All billing disputes
must be reported within 30 days of the time the dispute
occurred. Disputed charges to your credit card issuer,
also known as charge backs, in 3iX's discretion which
is valid, under the terms and conditions of our SLA,
AUP, and TOS, will result in service interruption,
and reconnection fees to restore the desired service.
30 Day Money Back Guarantee
All hosting
plans come with a 30 day money guarantee. If for
whatever reason we fail to satisfy your needs and
are within 30 days we will fully refund your money
all we ask is you give us a reason so this will help
us improve as a company, we will not deduct ANY fee.
3iX
Networks
February 2002
More Policies:
Acceptable
Usage
Service
Level Agreement
Service
Guarantee
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