The AUP of Thexyz aims to clearly outline the purposes for which our customers CANNOT utilize our hosting services and position data on our network servers.
This Acceptable Use Policy (AUP) is an integral part of the Web Hosting Terms of Service which each customer agrees to abide by when signing up for an account with our web hosting company. Any violation of this AUP will be deemed a violation of our Web Hosting Terms of Service.
We, at our own discretion, shall determine whether an act constitutes a breach of this AUP terms and misuse of our services. We reserve our right to be the sole arbiter in determining the sufficiency of the presented evidences. We will respond accordingly, and/or immediately terminate the provision of the services, shall we receive report, and/or have sufficient proof, of any prohibited conduct outlined in this AUP, or any other activity threatening the security of our hosting environment and/or our network of hosting servers.
In order to protect our company’s reputation and responsibilities, and guarantee state-of-the-art and reliable hosting services to all our customers, as well as privacy and security for all users, we – Thexyz - hereby outline the following AUP rules and conditions to come into force for each customer signing up for a web hosting account with our company:
1. System Abuse
2. Spam and Spamvertizing
3. Inappropriate or Unlawful Content
5. Corrective Actions
6. Reporting Violtaions
8. Bulk email
1. SYSTEM ABUSE
Any customer in violation of our system or network security is subject to criminal and civil liability, as well as immediate account termination. Examples include, but are not limited to the following:
Unauthorized access, use, probe, or scan of our system’s security, authentication measures, data or traffic. Interference with the service to any user, host or network including, but not limited to: e-mail bombing, flooding, deliberate attempts to overload the system and broadcast attacks, forging of any TCP/IP packet header or any part of the header information in an e-mail or newsgroup posting.
Any attempt at doing harm to a server or a customer of our web hosting services:
Thexyz will immediately and resolutely react to any attempt at misuse of an Internet account or computer, or any attempt to gain access to an internet account or computer by a Thexyz customer unauthorized by the account/computer owner. Such attempts include, but are not limited to the following: 'Internet scamming’ (tricking other people into releasing their passwords, etc.), password robbery, security hole scanning, running proxy - proxy lists and any kind of proxy scripts (including, but not limited to php proxy and nph proxy), introducing of any computer programs (viruses, Trojan horses, trap doors, back doors, worms, time bombs, packet bombs, cancel bots, etc.) that are intended to negatively interfere with, intercept, irreversibly damage or take hold of any system, data or personal information. It WILL NOT matter whether the attacked account or computer belongs or not to Thexyz services. The fraud will be subject to actions based on the very nature of the attack and those may represent a warning, an account suspension or cancellation, and/or civil or criminal legal actions.
Background operations/programs on servers:
‘Background process’ is a program that runs in the background of the operating system. What is specific for a background process is that, once started, it runs simultaneously with other foreground processes. This means that, the shell executing the background operation does not wait for it to finish or terminate, as it does with foreground processes, but is free to start executing more operations along with the background one. Typical background processes are ircd, irc bot, bnc, and many others.
Background processes are not permitted on any of our shared hosting servers, as they usually lead to CPU overload and can be used for malicious and/or illegal actions. As our primary task is to provide highest quality web hosting service to all our customers, we cannot permit any background processes to be executed and threaten the performance of our server network. Our shared hosting system does not allow a big multitude of users to simultaneously use the system memory and processing time of our servers.
Excessive use of system resources:
In order to ensure higher server performance and quality of hosting service all shared hosting plans are subject to certain resource limitations concerning, but not limited to, server CPU usage, Memory usage, disk-space and traffic. If a hosting account exceeds the allowed amount of system resources the account owner will be immediately notified to take actions in order to reduce the usage. If such action is not instantly taken by the owner the account will be suspended. If an excessive CPU usage is detected the account owner will be suggested to place an order for a CPU usage upgrade or upgrade to a plan which allows higher CPU usage.
If any hosting account is found to be causing degradation of the server and/or our hosting network’s performance, regardless of the reason, the account will be subject to suspension or immediate removal, depending on the situation. Thexyz will be the sole arbiter in determining whether a given account is excessively using the server resources and/or causing a server degradation.
2. SPAM AND SPAMVERTIZING
SPAMMING IS PROHIBITED. Users MAY NOT utilize our web hosting services to transmit, distribute or deliver any unsolicited bulk or commercial messages over the Internet (an action known as "spam" or "spamming").
Spamming is a violation of ethic norms and will be interpreted as an infringement. Thexyz will not tolerate the sending of unsolicited bulk or commercial messages through our services, as well as through another service that is mentioning, in some way, our customer’s domain name or implies the utilization of our network or our e-mail services for sending the unsolicited bulk or messages.
SPAMVERTISING IS PROHIBITED. 'Spamvertizing’ refers to the practice of sending unsolicited spam messages for the purpose of advertising a particular website.
If such e-mails are relayed through 3rd party (e-mail spoofing) and/or are promoting a domain hosted on our servers, this will lead to immediate account suspension unless an evidence of legitimacy for non-involvement of the domain owner in the particular illegal action is provided.
’E-mail spoofing’ is a fraudulent e-mail activity in which the sender’s (3td party) e-mail address and other parts of the e-mail header are changed so as to appear that the e-mail has been sent from a different source (e-mail address owner/server).
Sending of unsolicited messages in bulk, or sending of unsolicited e-mails, which provoke complaints from recipients;
Sending of junk mail;
Use of distribution lists that include people who have not given prior explicit permission to be involved in such a distribution process;
Posting commercial ads to USENET newsgroups that do not permit it;
Posting articles containing binary encoded data to non-binary newsgroups;
Excessive and repeated posting of off-topic messages to newsgroups;
Excessive and repeated cross-posting;
Email harassment of another Internet Customer or Customers, including but not limited to, transmitting of any threatening, libellous or obscene material, or material of any nature that may be deemed offensive;
Emailing of age-inappropriate communications or content to anyone under the age of 18.
3. INAPPROPRIATE OR UNLAWFUL CONTENT
CONTENT published or transmitted via Thexyz’s hosting services includes website content, email content, forum/blog postings, chat content, and/or any other type of content hosted on our servers, published online or transmitted through our network’s services.
The user of our services is NOT permitted to post online content or have links to content that:
is defamatory, abusive or obscene, violates a person’s reputation/privacy, is reasonably deemed offensive by the web community, is anti-religious or anti-human rights, or contains any type of threatening or hate speech, encourages harassment or physical harm to any group or individual, or is otherwise malicious/fraudulent and may result in complaints/liabilities/or retaliation against Thexyz by offended viewers;
promotes or encourages illegal activities (e.g. illegal drugs, illegal gambling, arms trafficking, etc.) or violates any applicable law, statute, ordinance or regulation, including but not limited to the laws and regulations governing export control, unfair competition, false advertising, consumer protection, etc.
represents pornography – any type of pornographic/adult material, including child pornography, or advertisements of pornographic websites;
represents infringement on copyright, patents, trademarks, trade secrets, or third party's intellectual property or proprietary rights, including pirated computer programs, hacking/phreaking software, warez or any type of software/content (including also ROMs, ROM Emulators, media files – MP3, AVI, .RM, etc., torrent files, and others) that is copyrighted, is NOT uploaded in compliance with its license agreement or is NOT freely available for distribution.
Copyrighted material must not be placed on customers' accounts without the explicit permission of the copyright owner or a person explicitly authorized to give such permission by the copyright owner. Upon receipt of a claim for copyright infringement, or a notice of such violation, we will immediately run full investigation and, upon confirmation, will promptly remove the infringing material from the Services. Further procedures (in accordance with our stated below corrective measures) will be carried out if necessary. We will assume no liability to any Customer of the Services for the removal of any such material.
5. CORRECTIVE ACTIONS
We reserve our right to be the sole arbiter in determining the seriousness of each infringement and to immediately take corrective actions.
We will disable the customer's account if we deem necessary, at our sole discretion. Upon closing of the customer’s account we will send an e-mail notification to the customer, stating the reason for the termination and quoting our terms’ chapter that has been violated. The customer will be given an opportunity to respond and take measures to remedy the situation should he/she consider him/herself abused by a third party. Upon fulfilling of this obligation, we may re-activate the customer’s account, if we find, at our own discretion, sufficient evidence pro customer’s side.
Closed accounts due to repeated violations will not be re-activated. A backup may be requested, however it will be subject to certain penalty fees imposed according to the breach of this AUP terms. The final penalty fee will be determined by the type and frequency of the violations
6. REPORTING VIOLATIONS
If you need to report a violation of this AUP agreement or believe that you or your system has been subject to attack originating from our web hosting system, please contact us immediately. Our professional team will investigate the situation and provide you with full assistance.
We reserve our right to change this AUP at any time, without prior notice. We encourage our users to periodically review this Acceptable Use Policy and our Web Hosting Terms of Service.
8. BULK EMAIL
Thexyz Premium email and Microsoft Exchange email services does not permit bulk emailing. We consider sending the same message to more than 250 addresses bulk emailing and may block attempts to send mail to more than 250 recipients. To ensure the 100% reliability of our network and good standing of our IP addresses, we simply do not allow bulk email to be sent. If you are looking to send bulk email, it is recommend you use one of our VPS servers.
When signing up for a hosting account with Thexyz, customers agree to the conditions explicated in our Acceptable Use Policy (AUP) and the Web Hosting Terms of Service (this document). Thus, Thexyz, as well as our authorized retailers (PayPal, Stripe, 2CheckOut), will resort to these documents as an evidence for the Customer's agreement, especially in the event that a Customer sends a chargeback inquiry based on points that he/or she first accepted, but is trying now to refute.
If/When a chargeback report is received, the first step of our Thexyz team will be to try to contact the user. Meanwhile, the user account will be suspended (in order to protect our system from fraudulent activity and misuse) and will remain suspended until the reasons for the chargeback have been clarified and decision has been taken for according action.
If the chargeback has occurred due to some misunderstanding, a reverse payment procedure will be initiated with our authorized retailers and the account will be re-activated.
If the user has sent a chargeback request based on groundless argumentation (to our own judgment and these Web Hosting Terms of Service), then a dispute will be started with our authorized retailers in which the Web Hosting Terms of Service (this document) and the Acceptable Use Policy of Thexyz will serve as proof of the Customer's agreement. The retailers then, taking into consideration all provisions in these legal documents, will decide whether the Customer has had sufficient grounds for the chargeback or Thexyz has the right to a reverse payment.
In case that the chargeback originates from a fraudulent user and no reverse payment procedure can be initiated, then the respective hosting account will remain suspended.
Thexyz is committed to maintaining the highest security standards by maintaining 256 bit secure encrypted connections verified by Rapid SSL. We also meet HIPPA and FISMA compliance standards. If you are not happy with our service, you can request a refund.
ENTIRE AGREEMENT; SERVICE AGREEMENT These Web Hosting Terms of Service, together with our Acceptable Use Policy and the Domain Name Registration Agreement, constitute the whole act of convention between You - the Customer, and Thexyz. Thexyz shall provide its Services to You under the Terms and Conditions explicated in this Service Agreement. The Agreement is intended to clarify all aspects, rules and provisions of the business relationship between You - the Customer, and Thexyz. It is also intended to keep the integrity of this relationship and protect both parties from liability. This Service Agreement will be enforced, if/when necessary, in order to be guaranteed the speed, power, performance, and reliability of our services. In the event that a court of competent jurisdiction declares any of the Agreement's provisions invalid, unenforceable, or void, the remaining provisions will entirely preserve their validity. Customer's side of the Agreement can be presented by any of the following parties: an individual over 18 years of age; a legal entity, such as a corporation, a limited liability company, etc. If a person represents the Customer, for some reason, he/or she must be legally authorized to act on his behalf, thus accepting, executing and delivering the Agreement. This agreement shall be interpreted in consistence with the laws of the State of Florida, US, and shall serve to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns.back to top
SERVICE ACTIVATION AND CONTINUANCE TIMESCALE SERVICE ACTIVATION For newly signed up clients - the services are activated immediately after our Sales Department gets in touch with the customer over the phone to verify the payment details (this is required due to the high fraud activity spreading online, and in order to be prevented fraudulent orders). The payment verification procedure is obligatory and if we fail to approve a transaction within 48 hours of the payment submission, the funds will be credited back to the payer and the order will be cancelled. For existing customers - the services for existing customers, including upgrade services and renewals, are activated immediately after our Sales Department receives the according service payment.
SERVICE EXPIRATION AND RENEWALHOSTING SERVICE The hosting service is active for one year (365 days). After the expiration of that period, the account will be automatically suspended and will remain suspended until the Customer renews it by paying its annual subscription fee. In case that the Customer does not renew his/her hosting account, it will remain BLOCKED. The account data will be kept for two months, after that it will be permanently deleted. E-mail notifications regarding each account's expiration are dispatched twice - 14 days and 7 days prior to the expiration date of the account. In order to receive the notifications, the Customer must provide a valid e-mail address. Thexyz ensures that the e-mails are sent and takes no responsibility for e-mails that are not delivered due to problems with the recipient's e-mail address.
CUSTOMER RESPONSIBILITIESACCOUNT REGISTRATION AND MANAGEMENT In consideration of their use of the Service, customers agree to:
NO UNLAWFUL OR PROHIBITED USE As a condition for customer use of Thexyz Services, You - the Customer, agree that you will not use Thexyz Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices, and/or our Acceptable Use Policy (AUP). Thexyz servers can be used explicitly and only for legal purposes, and each attempt for taking indecent advantage of the servers, inconsistent with the rules, will be immediately counteracted. Customers are solely responsible for the content of their messages. Using Thexyz Services in connection with surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or other) is prohibited. In this light, Thexyz expressly forbids any breach of Federal, State or Local regulation, including, but not limited to, the transmission of: copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. Thexyz servers CANNOT be used for the propagation, distribution, housing, processing, storing, or handling in any way of lewd, obscene, adult or pornographic material, or any other material which is considered impermissible by the company's Terms of Service (this document) and Acceptable Use Policy (AUP). Customers may not attempt to gain unauthorized access to any Thexyz Services, other accounts, computer systems or networks connected to any Thexyz Services, through hacking, password mining or other means. Customers may not obtain or attempt to obtain any materials or information through any means not intentionally made available by Thexyz Services. Thexyz's management will thoroughly scrutinize all received orders and decide, to their own discretion, which of them do not comply with the officially stated requirements for use of the company servers. Thexyz reserves the right to refuse service to unlawful parties. Thexyz reserves the right at all times to disclose any information, as Thexyz deems necessary, to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in the sole discretion of Thexyz.
E-COMMERCE CUSTOMER WEBSITES When buying an allocated space on Thexyz servers for the purpose of creating online stores or related e-commerce activities websites, customers agree to be fully responsible for the development, operation and maintenance of their web sites, online stores and e-commerce activities within that websites. The Customer is the only one in charge of approving, processing and filling clients' orders and taking care of clients' requests or complaints. The Customer is also the only one in charge of the payment or satisfaction of any and all taxes related to his/her web site and online store. The Customer bears the responsibility for ensuring the security and confidentiality of any customer data (including, without limitation, customer credit card numbers) that he/she may receive in connection with his/her web site or online store. Each customer is in charge of all products and services, as well as all contents and materials appearing online on his/her e-commerce website, including:
Each Customer guarantees to Thexyz that he/she owns the right to use the Customer Content and its material, including all text, graphics, sound, music, video, programming, scripts and applets. Each Customer warrants to Thexyz that the use, reproduction, propagation and transmission of the Customer Content and any information and materials contained inside do not, and will not:
Each Customer empowers Thexyz to reproduce, copy, use and propagate all and any part of the Customer Content for ensuring and operating the Services. Thexyz is granted the right to estimate, at its own discretion, the extent to which these operations need to be carried out.
TORTUROUS CONDUCT Any way of indecent treatment towards a Thexyz employee will be considered as totally inappropriate and unacceptable. Each Customer is expected to communicate in an utterly polite and professional manner with Thexyz employees regarding any request for help or consultation, or any other reason for contacting our Thexyz team via e-mail, chat, phone or through our Ticket Desk Support System. Each Customer is expected to avoid any form of emotional outburst or inappropriate language, or any other attempt to be undermined the importance of good ethics in communication and human relations. Any act of close nature, or other type of offensive, abusive, disrespectful or condescending behavior - oral, written, or delivered by a second party - to members of Thexyz customer care stuff will be interpreted as a breach of this TOS. Thexyz reserves the right to assess at its sole discretion which behavior is to be considered as a violation of the hereby stated rule and agreement, and to undertake according actions, including refuse refunds to users whose accounts have been suspended for violating this TOS provision.
COMPLAINTS PROCEDURE Thexyz is dedicated to providing the highest levels of customer service round the clock. If you feel dissatisfied with any aspect of our service, you are encouraged to make use of our complaints procedure detailed below. In order to file a complaint, please send us an email to email@example.com, specifying the nature of the problem you are experiencing. Please, provide us with as many details about your particular case as possible. The more we know about the situation, the better, prompt and adequate our resolution will be. Here are our steps of addressing every single complaint: 1. Thexyz will confirm receipt of your complaint in writing, notifying you that the complaint will be addressed without delay. Thexyz reserves the right to refuse to investigate complaints which are apparently frivolous, abusive or offensive. 2. Thexyz customer care representative will review your situation, search for an appropriate solution and inform you of the timeframe within which a response should be expected. 3. If the Thexyz Customer Care representative is not able to resolve your case within the pre-announced period, your complaint will be escalated to a Customer Care manager. 4. If the Thexyz Customer Care manager also can't provide you with an appropriate solution, then your complaint will be forwarded to the Company Director, who will further investigate the situation and ensure that all necessary measures have been taken. The Company Director will respond in writing within two working days, and reply with a solution within five working days. 5. An alternative complaint submission method is sending a fax to the following number: +1.510.868.6446
We're here to help
You can use our email setup to quickly and easily find the correct directions for setting up email on your phone or email client. You can find the tool here: help.thexyz.com
Our live chat system is staffed 7 days a week from 9am to 7pm EST. We can provide level one support through chat so if you have technical question you should submit a ticket.
Our toll-free number is 1-800-314-9082, if you require support over the phone, please first submit a ticket to expedite our response. If you require phone support, our support staff will submit a ticket on your behalf.
When you need assistance from our technical support team, you can submit a ticket where a member of our team will look into your inquiry and provide a detailed response. Once you have submitted a ticket you can check the ticket status.
You can send us a tweet through Twitter to @thexyz.