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Terms of Service

These Agreements describe the terms and conditions on which Thexyz (we) offer services to you (User). By using our services, User agrees to be bound by the following terms and conditions

These rules explicitly define and restrict the ways in which Thexyz network, system or website may be used.

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

4. Copyrights

5. Corrective Actions

6. Reporting Violtaions

7. Revisions

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:

 

  • You may not use Thexyz or services to engage in, foster, or promote illegal, abusive, or irresponsible behavior, including:
  • Any conduct that is likely to result in retaliation against the Thexyz Network or website, or Thexyz employees, officers or other agents, including engaging in behavior that results in any server being the target of a denial of service attack (DoS).
  • Monitoring data or traffic on any network or system without the express authorization of the owner of the system or network
  • Collecting or using email addresses, screen names or other identifiers without the consent of the person identified (including, without limitation, phishing, Internet scamming, password robbery, spidering, and harvesting)
  • You may not publish, transmit or store on Thexyz  and equipment any content or links to any content that we reasonably believes:
  • Constitutes, depicts, fosters, promotes or relates in any manner to child pornography, bestiality, or non-consensual sex acts
  • is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech
  • infringes on another person's copyright, trade or service mark, patent, or other property right
  • We report files we detect that appear to involve child exploitation to the “National Centre for Missing & Exploited Children’s CyberTipline”.
 

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).

'Unsolicited message’ is a message that is sent against the privacy policy of a newsgroup, or is sent to a recipient without their explicit permission. We, at our sole discretion, shall determine whether any of the messages you are sending is spam or spamvertizing. For your information, spamming generally includes, but is not limited to the following

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.

4. COPYRIGHTS

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.

7. REVISIONS

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.

Domain Name Registration Agreement

By using the Thexyz services, you acknowledge that you have read our set of legal documents and agree to be bound by the terms and conditions contained herein as well as all acceptable use policies incorporated by reference.
  • Thexyz DOMAIN NAME REGISTRATION/TRANSFER
  Thexyz provides domain registrations for both generic Top Level Domains (gTLDs) and country-code Top Level Domains (ccTLDs).
      1. Domain name registrations/transfers are non-refundable. As changes are no longer allowed after a registration request is submitted, you should always check for correct spelling before purchasing a domain name.
      2. Domain name registrations are not operative before the registry administrator activates the domain name(s). The domain name registration(s) are only active during the registration period chosen by the registrant (you). The registration period of newly registered domain names starts from the date on which the registration is approved by the registry.
      3. Thexyz and the top registry, also known as Primary Service Provider, will not be held accountable for any inadvertence, mistakes or otherwise deviations on the side of the registry administrator in regards to requests for registration, renewal, or any modifications of already registered domain name(s).
      4. You, as the registrant, agree that the domain name registration is a service, which cannot be interpreted autonomously from the services described in this Agreement or a similar Agreement from the registrar. You, as a Registrant, accede that domain name registration services do not develop a proprietary significance and you will not be entitled to any such proprietary significance claims for domain name(s) registered through our company.
      5. The Registered Name Holder shall "indemnify and hold harmless the Registry Operator and its directors, officers, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable legal fees and expenses) arising out of or related to the Registered Name Holder's domain name registration." At its simplest, this means that if the Registry Operator (or its employees, etc.) for the registered name is sued because of the Registered Name Holder’s domain name registration, the Registered Name Holder will pay the Registry Operator for all fees and expenses in defending against the suit as well as pay for any judgments or liabilities awarded. This "indemnification" is not solely limited to court cases.
You can view the full list of Registrant Rights and Responsibilities, approved by ICANN, on their website: http://www.icann.org/en/registrars/registrant-rights-responsibilities-en.htm  
  • EXPIRATION AND RENEWAL OF SERVICES
  Even though Thexyz will provide regular reminders about the expiration of the domain name(s) registered through the company, it is your obligation to keep track of when the registration service(s) will expire. Should you fail to renew a domain name before its expiration date, the domain name will be suspended or canceled.
  1. After a domain name’s expiration date, there is a period of 30 days, in which the domain name can be renewed. Certain domain name extensions do not have such a period, so leaving a domain name to expire before attempting a renewal is at your own discretion.
  2. After the 30-day renewal period has passed, some domain names (as per TLD Registry Policies) enter a so-called Redemption Grace Period. A domain name which has entered a Redemption Grace Period can still be renewed. However, additional fees will be added to the domain's renewal price. You can find the official information regarding the Redemption Grace Period on ICANN’s page: http://www.icann.org/registrars/redemption-proposal-14feb02.htm If a Redemption Grace Period is applicable for a specific domain name, it will last between 30 and 42 days.
  3. After the Redemption Grace Period (or the renewal period – if RGP is not applicable) has passed, domain name(s) can be: provided to third parties; Thexyz may choose to auction the domain name(s); Thexyz may return them in the public registration pool. All of these actions can be carried out at any time and without your consent.
 
  • BACKORDERING EXPIRING DOMAINS
  Backordering a domain allows you to attempt to acquire an attractive domain that expires within the upcoming few days, the moment it becomes available for registration. The service is currently available only for .COM and .NET TLDs. Placing a backorder does not guarantee that you will acquire the domain name you have requested. We cannot guarantee a successful registration and will not be held liable if we are unable to register the requested domain name, because this registration process is on a first-come-first-served basis where we might be unsuccessful in our attempt to register it for you. In order to be eligible for the backorder domain service, you will need to deposit or have enough funds in your wallet balance. The amount placed in the wallet is non-refundable, so if we do not succeed in registering the domain for you, the funds will be returned in your overall wallet balance and you can use them for another service or attempt to backorder another domain.  
  • COMPLETE AND ACCURATE PERSONAL INFORMATION
  You agree to provide certain up-to-date, complete and accurate information about yourself both in your domain's WHOIS record and in your account records. You agree to update this information when needed, to keep it complete, up-to-date and accurate. For all your domain name registrations' contact records, you must submit the following: a full name, your current postal address, an e-mail address, a telephone number, and if available, a fax number. If the information provided in the registrant's application is deemed false or incomplete, and the registrant fails to correct the WHOIS information within 10 calendar days after the date of the notice, this will be treated by the provider as an immedicable infringement of the present Agreement. You are solely responsible for keeping track of the e-mails that will be sent by the Registrar. Inability to respond to such inquiries and e-mails may result in losing ownership over the domain name(s).  
  • ACCESS TO YOUR ACCOUNT
  You, as the registrant of the domain name(s), have the obligation to protect your Account Login Credentials, including the password, from misuse. Anyone in possession of your account login credentials will have the full authority and access to:
  1. initiate a transfer of the domain name(s)
  2. change the WHOIS information
  3. change the name servers (DNS)
Such unauthorized changes and actions may disturb or annul your rights to the domain name(s) you have registered through our company.  
  • WHOIS
  The Internet Corporation for Assigned Names and Numbers (ICANN) - the organization charged with managing the assignment of domain names and addresses – requires that we collect the following information about you during the domain name registration process: your full name, mailing address, phone number, email address, and, if available, your fax number. This information, as well as the registration and expiration dates of your domain name and the name server associated with your domain name, is made accessible to the public on an interactive web page using a ‘port 43’ WHOIS service. We will refer to this information as your ‘WHOIS Information’. Please, NOTE that we are not able to restrict any access to your WHOIS information or control in what manner or for what purposes members of the public may use details of it.
You will get a full refund of the service only if the cancellation request is made within 30 days of purchasing of the account, according to our Money Back Guarantee Policy.

When you're not eligible for a refund from Thexyz

If any of the following apply you are not eligible for a refund:

If your account is older than 30 days old

Been a member for over 30 days then, sorry but you can't request a refund. You can however cancel your account anytime.

Domain name registrations

Domain names whether transferred or registered cannot be cancelled or refunded after being activated upon customer request. The Customer will have the opportunity to transfer his/her domain away to another domain registrar.

Terms of service and Acceptable use violations

If you have violated our Terms of Service to Acceptable Use Policy then you will not be eligible for a refund.

Renewals

Renewal fees are not eligible for refunds.

Email migrations

Your email migration will not be refunded if we make a successful connection to your previous email provider. If it fails to connect and a connection cannot be made, a full refund will be offered. All credit requests for VISA, MasterCard, American Express and Discovery payments are processed within 48 hours of the submission of the refund request (by e-mail or ticket, as mentioned above). The funds will be credited back to the Customer's credit/debit card and affect the Customer's credit/debit card balance in accordance with the credit/debit card issuer's terms of service.

Chargebacks

Chargebacks are not considered as a way of refunding. Any Customer who initiates a credit card chargeback in response to a bill or order placed at Thexyz will be subject to full investigation.

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.

To request a refund please email: support@thexyz.com

Our satisfaction guarantee ensures we will give you a full refund if you are not happy with the services for the first 30 days. There are no contracts to lock you in to our plans and we work hard to keep your business. If things don’t work out, we have a refund policy in place.

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.

This is an Agreement between You – Customer of our Hosting Services, and the Thexyz. This document contains all details about our order verification procedure. Its aim is to fill you in on our policy towards Internet frauds. Our company’s policy is to strictly scrutinize each new order and verify the payment details of each new customer. How does the verification procedure take place? *Step 1.* You place an order for a hosting account with us through our order form. A money transaction follows through the selected payment method. *Step 2.* We receive a notification email from our authorized retailer (PayPal, Stripe, 2CheckOut) for the transaction. *Step 3.* An order verification procedure commences within one hour after the notification has been received (on weekends this period may be longer). *Step 4.* A sales representative of ours compares your IP location with your billing address and the location information given in your hosting account. *Step 5.* Payment confirmation by phone may need to be made. If we can’t reach you by phone, we’ll send you an email, asking you to present us with another phone number which you can be reached at in order to confirm the payment. If within a 48-hour period you still haven’t confirmed the payment, the order will be cancelled and the account will be blocked. IMPORTANT: All new PayPal payments come to us with a status ‘Authorized’, but no funds are cleared into our account yet. Within the period of 48 hours the ‘Authorized’ status should be updated to either ‘Capture’ (if we approve the payment), or ‘Void’ (if we fail to approve the payment). The funds will be cleared into our account as soon as (and only if) the payment goes into ‘Capture’ status. Please, MIND that your successfully cleared payment will consequently show up with the following statuses – ‘Authorized’ and ‘Capture’, in your PayPal statement. This does NOT mean that you have been charged twice for the service. We take no responsibility if, during the order verification process, the domain chosen by you has been registered by someone else, since we register domain names only after the payment has been confirmed. If this is the case, then you might wish to register another domain(s).

Our privacy policy is really simple, we believe your data is your data and you own that data, here you can read more about it including the privacy of your account, payment information, registration data and our cookies.

Last updated: March 14th 2013   PRIVACY OF YOUR PAYMENT DETAILS We use encrypted SSL connection to process your credit card information and DO NOT store any of your payment details in our system. The payments are carried out in the background by the PayPal payment processing gateway and go through the HSBC bank's terminal. Working with the two leaders in online payment operations, we guarantee fast and secure processing of your payment. Not only do we NOT make a record of your credit card details in our system, but also - for maximum online security - we do NOT share this information with any third party. PRIVACY OF YOUR ACCOUNT We consider your registration data and the content of all your messages private and confidential. Our ad-free webmail does not have any tracking built into it. We do not participate in, or co-operate with, any kind of blanket surveillance or monitoring. We also take technical measures where feasible to prevent surveillance of our users occurring without our co-operation, such as:
  • ensuring encrypted access for webmail, IMAP and POP.
  • using Perfect Forward Secrecy where possible for encrypted connections.
  • using encrypted SMTP for sending your mail when the receiving server supports it.
  • encrypting email while at rest on our servers.
  • encrypting communications between our data centres.
The header of the messages that you send will contain your name (e-mail address) and Internet Protocol (IP) address. We will not monitor or disclose any of your email content or registration data unless we are required to do so: by law, to defend ourselves in any legal action, or to protect our property. Unless prohibited by law, we will disclose to the account holder when we receive a warrant for their account.   Since your password is essential for protecting your privacy, we encourage you to NOT share it with anyone and change it frequently. Additionally, you agree to respect the privacy and confidentiality of others. PRIVACY OF YOUR REGISTRATION DATA Thexyz collects certain information during the registration process. The personally identifiable information that Thexyz collects includes first and last name. Thexyz also collects non-personally identifiable information, such as country, age, gender, etc. You may update your Registration Information at any time from your Web Hosting Control Panel - > My Account - Change Login Credentials section. We may disclose aggregate registration statistics in connection with our marketing activities. WHY WE NEED THIS INFORMATION Your registration information is needed in order for us to operate the site, to provide support for your account, for statistical purposes, etc. Thexyz will NOT send you any unsolicited information, including e-mails, except as mentioned hereby.   New customers will receive a Thexyz welcome e-mail containing information about the features provided by the Service, as well as WHCP (Web Hosting Control Panel) and FTP login details. Thexyz may also send system notifications upon need, related to any upgrade, maintenance or other service issues concerning your hosting account.

Thexyz will keep your personally identifiable information private and will NOT share it with any unauthorized third parties.

COOKIES We use different cookies on our website to make it as useful to you as possible. Cookies are small text files that we put on your computer or mobile device to tell us what you want to use on our site but they do not tell us who you are. Here you can learn more about cookies and how to control or delete them. Here are the cookies that we use on our site: Essential cookies We use a cookie to remember your login the site login, saving you the trouble of entering your password every time. Also, we set a cookie to help you choose a preferred font size for using the site. These cookies we consider essential for the operation of our website. External web services We use an external live chat service by Olark (using cookies to remember your session name) to deliver real time support to you should you want to. While our services are 100% advertisement-free, we do server advertisements within our forums. This helps to ensure our forums are well maintained and kept to decent standard. Users may opt out of the use of the DART cookie by visiting the Google ad and content network privacy policy at the following URL - http://www.google.com/privacy_ads.html Some of our advertising partners may use cookies and web beacons on our site. Our advertising partners include: Payment processing To process payments online, we require the billing address for the credit card used and our external payment provider, Stripe/WorldPay, requires your credit card details. We assume you are happy with this usage of cookies on this website. If you are not happy, then you should either not use this site, or delete the cookies (you can check out how to do that according to your browser here), or browse the site using your browser’s anonymous usage setting (named “Incognito” in Chrome, “InPrivate” for Internet Explorer, "Private Browsing" in Firefox and Safari etc.). Please remember that if you choose to delete the cookies or use the browser anonymously, you may find that certain sections of this website do not work properly.
As a Customer of our Services, you need to be aware that, when signing up for an account with Thexyz, you accept and agree to abide by our Web Hosting Terms of Service (this document) and our Acceptable Use Policy (AUP). The Order Form completion of the Service represents the electronic signing of these two documents. As a Customer of our Services, you understand and agree also that it is beyond the power of Thexyz to restrict any public access to the data that you position on our servers and guarantee the security of your files. In this respect, you accept that it is your obligation to protect all the information that you make available to the wide internet public through our web hosting network and assume all responsibility for unveiling online personal data that could be abused.
  • 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.

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  • Thexyz HOSTING SERVICES A web hosting service is a type of Internet service that offers individuals and organizations/companies the resources to host their own web sites and store information, images, video, and other content accessible via the World Wide Web. A Storage Service Provider (SSP) is a company that provides computer storage space and related management services. SSPs offer also periodic backup and archiving. Thexyz offers only web hosting services, not data storage services. A web hosting service consists of the following: SERVICE FEATURES
    1. Disk Space - We use a clustered storage technology. This means that the storage resources of a hosting plan purchased from us are not confined to a single server, but are distributed between multiple machines. This way optimal performance is guaranteed and higher server stability. It also ensures that you will be able to avail of all the storage quota that has been assigned to your particular account. Additional disk space is available as an upgrade option. Payment is accepted only in advance per year. Contact sales for more information.
    2. Traffic - Each hosting plan includes prepaid monthly traffic in Megabytes. This traffic quota is shared between all sites hosted in a single account. In case that a hosting account exceeds its allowed traffic quota, it will be suspended until the beginning of next month when the quota will refresh automatically. Additional traffic is available as upgrade. Contact sales for more information.
    3. Hosted Domains - Thexyz's hosting plans include domain hosting. Each hosting plan allows a particular number of domains that can be hosted.
    4. Domain Registration/Transfer - available at regular or a discounted price (depending on the chosen TLD) with the purchasing of a web hosting account. Each account can host a maximum of one discounted domain name. Domain registrations are final and are not subject to refund. More information regarding domain names can be found further in this TOS (Terms of Service), in our Domain Name Registration Agreement and in the Domain Name Dispute Resolution Policy.
    5. E-mail accounts - different number of e-mail accounts are available for setup with each web hosting plan.
    6. MySQL/PostgreSQL Database(s) - MySQL databases are included in all web hosting plans. Additional databases are available as upgrade. PostgreSQL databases can be either included or optional. Contact sales for more information.
    7. Database Storage - Each hosting account has a limit of database storage. This storage is shared between all the databases in a single hosting account. Additional database storage is available. Contact sales for pricing.
    8. IP Address - Thexyz's hosting accounts do not include dedicated IP addresses, unless listed in plan features. Dedicated IP addresses can be purchased at any time as an upgrade to the web hosting service provided by Thexyz. Dedicated IP addresses are purchased for a period of at least one year and are non-transferable to other web hosting providers. Contact sales for more information. NB: Please note that according to IANA - the entity that coordinates the global pool of IPs, newly requested dedicated IP addresses must be used within 7 days of their allocation. So, if you request a dedicated IP address from your Control Panel and do not assign it to a host within 7 days of the allocation date, then the IP address will be taken back to the global pool of IPs. If so, you will need to re-request the IP address from the Dedicated IP Addresses section of your Control Panel.
    9. SSH - In case your hosting account does not include SSH, please contact sales department for more information on how to obtain it. Payment is accepted only in advance per year.
    10. ID Protection - This service ensures that your private contact information will not be visible in the domain's WHOIS details. Optional for all hosting plans, but available only with certain TLDs, supporting this option.
    Detailed information about all features included in our web hosting packages is available on our web hosting plan pages. INSTALLATION AND TROUBLESHOOTING Each customer will be able to take advantage of our Installation & Troubleshooting service upgrade. It allows users to get one-time expert assistance from our technical support team or system administrators for a period of 1 hour. The Installation & Troubleshooting is intended for: - Hacked sites cleaning and restoration service If you find your website hacked or reported to be infected you can rely on our help getting this fixed for you. This service included a backup of the current content, cleaning and/or restoring broken files from original script installation or restore from a previous copy. - Script, theme, plugin installation service If you need any software installation, theme/template or even plugin installation that you do not wish to deal with, we can do it for you. We will backup the current site (if any) and complete the desired installation for you. - Scripts troubleshooting and debugging services In case you have an issue with a software that you are unable to handle, we can do the troubleshooting and fix it for you. - Manual files, database or emails transfers between hosting accounts using our services. If you want to move a site or few over to another account we can handle the migration for you hassle free. The Installation & Troubleshooting will not apply in the following cases: - Our installation service covers only fresh installations (no upgrades). We will not perform custom work or upgrade to a recent version on an already existing scripts. - The service will not include any configuration of the scripts beyond their installation. After the scripts are being activated and operational any further tweaking and setup is done by the client. - We will only provide installation and troubleshooting if the hosting is provided by us on our Linux Based Servers. We do not provide the service for any Windows, Linux and MAC servers which are not powered and managed by us. - We don-t provide any warranties and will not be held responsible for any data loss or any script, theme, plugin not operating as intended. "UNLIMITED" USAGE POLICIES AND DEFINITIONS The term “UNLIMITED” is used to describe the amount of resources in the web hosting plans provided by Thexyz, which is not set to a predefined limit value (for example - unlimited bandwidth, unlimited disk space, unlimited emails or other unlimited resources). By not setting limits on key resources, we are able to offer our customers a simple, consistent pricing scheme as their websites demand more and more resources. As a result, a typical website may experience periods of great popularity and a resulting increased storage need without experiencing any associated increase in hosting charges. In all cases, when a service is listed as “Unlimited“, it is intended for normal web hosting usage only - all activities, which may result in excessive resource usage inconsistent with regular usage patterns, are prohibited. Our Unlimited service offers are not designed to allow a single user to influence the overall server performance. Thexyz will make every effort to provide its customers with additional resources whenever possible, including the relocation of a customer's hosting account to a newer, faster server. However, if the resource usage reaches a level where it may influence the overall server performance in a negative way, Thexyz reserves the right to take corrective actions. Such actions may include disconnection or discontinuance of any and of all offered services, removal or deletion of customers' websites, website content, electronic mail, or termination of a customer's account according to Thexyz's sole and absolute discretion. SERVICE PAYMENTS AND RECURRING CONTRACTS When signing up for an account with Thexyz, the Customer agrees to pay for the period of one year (365 days) and abide by our Order Verification Policy. Our Sales Department will strictly scrutinize each account order and carefully processes each payment in order to ensure that no fraudulent user can take advantage of our web hosting system. In cases of PayPal and American Express credit card payments, a 12-month recurring billing cycle will apply for customer convenience. In case that a customer wants to cancel their recurring contract, they can do so from the Recurring Manager section of their Web Hosting Control Panel. Thexyz will charge customers with fees based on the fee structure of our web hosting system at the time of the sign-up process. Thexyz reserves the right to introduce price changes to the packages when needed. This means that the current price list at our web store may differ from the pricing of your web hosting account. Each customer of ours will be able to take advantage of the package he/she has purchased at the introductory price levels, and with one and the same set of features in the course of the whole contract period. Thexyz reserves the right to introduce certain changes to the packages (in the form of complementary services) to the benefit of the customers. When you pay for a web hosting plan with a domain via credit card or PayPal, a 12-month recurring billing subscription will be created automatically for your convenience, for which you will get a notification from the payment processor. All automatic payments go through exactly 7 days before the due date so as to avoid any downtime to your websites if there is a problem with the credit card/PayPal account. We’ll send you a reminder of the due payment at least 24 hours before the automatic charge takes place. You can cancel the subscription at any time from your Control Panel -> My Account -> Recurring, or directly through PayPal - if it’s a PayPal account subscription. SERVICE GUARANTEES Thexyz guarantees 99.9% network uptime and server stability. This, however, does not refer to problems stemming from:
    1. Server Hardware Breakdown;
    2. User error(s) or purposeful interruption(s) of the user service (e.g. if the client shuts his/her own server down, Thexyz is not responsible for the downtime);
    3. Failure due to software that is not explicitly supported by Thexyz. If a hardware crash provoked by the customer consequently occurs, Thexyz is beyond the control and responsibility for the resulting downtime.
    For more information, please read our Service Level Guarantees. ACCOUNT/DATA BACKUP Our backup service is provided as a courtesy to you and therefore, Thexyz will be in no way held responsible for the files stored in your account. You, as a customer, agree to take full responsibility for all the files in your account and to maintain an appropriate backup of the data stored on our servers. We will back up the files located in the /www folder of your account, as well as the databases you have created. Backups are only kept for a period of 7 days. After this period, a backup cannot be restored. General Backup: The default available backup disk storage space for each customer is 5 GB. User accounts with content over 5 GB cannot be (partially or entirely) backed up. Additional space for backup purposes is available under our Upgrade section in the Control Panel. We provide backup services only to accounts with disk space usage below the purchased backup quota limit. For example, if the purchased data backup quota amounts to 20 GB, we will back up your files as long as your account's disk usage does not exceed the 20 GB quota limit. As soon as this 20 GB quota limit has been reached - the backup script will no longer back up any of your files. Database Backup: Our database backup script WILL NOT back up databases, which contain more than 256 tables. Databases bigger than that take too much time and use too much of the server's resources to be backed up.
  • 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 RENEWAL

HOSTING 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 RESPONSIBILITIES

  ACCOUNT REGISTRATION AND MANAGEMENT   In consideration of their use of the Service, customers agree to:  
  • Provide true, accurate, current and complete information about themselves as prompted by the registration form of the Service. Maintain and promptly update their registration data to keep it true, accurate, current and complete. If the customer provides any information that is untrue, inaccurate, not current or incomplete, or Thexyz has reasonable grounds (at its sole discretion) to suspect that such information is untrue, inaccurate, not current or incomplete, Thexyz has the right to suspend or terminate the customer's account and refuse any and all current or future use of the Service (or any portion thereof). If untrue details are used in order to avoid VAT the customer can be held responsible by the respective national tax collecting agency.
  • When introducing any changes to their contact details, customers are obliged to notify Thexyz in the course of 10 business days after the changes become valid. The introduction of changes should be done online through the customers' Web Hosting Control Panel, not via e-mail. This requirement is also in force for Thexyz, i.e. customers will be always aware of any contact information changes that the company places within its website. This way, flawless communication between both sides is guaranteed.
  • Customers will receive a password and account designation upon completing of the registration process of the Service. Customers are responsible for keeping the confidentiality of their passwords and accounts, and are fully responsible for all activities that occur under that password or account. Customers agree to: a) immediately notify Thexyz about any unauthorized use of their password or account or any other breach of security; b) ensure that they safely exit (log out from) their account at the end of each session. Thexyz cannot and will not be liable for any loss or damage of account information arising from Customer's failure to comply with this provision.
  • If a hosting account is registered with details different than those of the person who paid for the account, and in the case of any dispute, Thexyz will take the side of the person who paid for the account and shall not provide access to any other person, since - a hosting account owner is and will be considered to be the credit card /PayPal account holder.
  • If the hosting account owner deceased prior to the expiration of his/her account Thexyz will require death certificate or any other legal document that can provide an official evidence for that fact. Those who supply that information will be held legally responsible if the information is false or incorrect. Once such documents are obtained, Thexyz will be the sole arbiter in assessing whether the documents are authentic or not. A record of the obtained documents will be kept until the expiration of the hosting account.
  ACCOUNT USAGE  
  • CPU usage (or usage of the Central Processing Unit(s) of the web server the customer's account is hosted on) - The CPU usage is subject to some regulations. Each hosting account can use up to 10% of the CPU power for no longer than 180 seconds at any given time, and/or the percentage given per 24 hours in the features configuration of the Customer's plan.
 
  • Disk Space & Traffic - Thexyz offers generous amounts of disk space and network bandwidth. Customers must not allow other websites or hosting servers to link to files stored in their hosting accounts, and thus steal network traffic. In order to escape unjust distribution of the resources, as well as possible sharing of illegal content, Customers are not allowed to use their hosting accounts as a remote storage server only or solely for the purpose of sharing (un)archived images, programs or sound files. At least 80% of all files and/or total megabytes used (including MP3, WAV, RA, GIF, JPG, ZIP, RAR, but not limited to these file types) in each hosting account must be a part of actual, active website(s) content, i.e. all content files must have corresponding HTML or PHP files that link to them. Audio, graphics and/or video files must be must be under 25% of the current web hosting disk usage and must never exceed 50 GB in size. Furthermore, such media files may amount to no more than 50% of the customer's total monthly traffic usage. Upon request, each Customer must be able to prove that a given file is a constituent part of an actual page and not only stored on the server within 24 hours of the request. If the client fails to react within 24 hours after the request and does not remove the file/files in question, or if the apportioned traffic quota continues to be used for such purposes - the Provider reserves the right to suspend the account and/or to remove the aforesaid content from the server. In such cases, refunds are not applicable and the money-back guarantee is no longer valid..
  • MySQL usage - each database hosted in our system can be used only by the user who created it. Another user, whose account is hosted on the same or on another server, cannot use the database created in the first-mentioned customer account. The MySQL database has a limit of 45,000 queries per hour. If you have reached 45,000 queries per a given hour, you will not be able to make any more queries. In the next hour you will have access to the database again and the counter will be reset. You can make a maximum of 15 simultaneous connections to a MySQL database.
  • Access and error logs - The access and error logs for all client's hosts in one account should not exceed 500 MB in total.
"UNLIMITED" USAGE POLICIES AND DEFINITIONS   The term “UNLIMITED” is used to describe the amount of resources in the web hosting plans provided by Thexyz, which is not set to a predefined limit value (for example - unlimited bandwidth, unlimited disk space, unlimited emails or other unlimited resources). By not setting limits on key resources, we are able to offer our customers a simple, consistent pricing scheme as their websites demand more and more resources. As a result, a typical website may experience periods of great popularity and a resulting increased storage need without experiencing any associated increase in hosting charges. In all cases, when a service is listed as “Unlimited“, it is intended for normal web hosting usage only - all activities, which may result in excessive resource usage inconsistent with regular usage patterns, are prohibited. Our Unlimited service offers are not designed to allow a single user to influence the overall server performance. Thexyz will make every effort to provide its customers with additional resources whenever possible, including the relocation of a customer's hosting account to a newer, faster server. However, if the resource usage reaches a level where it may influence the overall server performance in a negative way, Thexyz reserves the right to take corrective actions. Such actions may include disconnection or discontinuance of any and of all offered services, removal or deletion of customers' websites, website content, electronic mail, or termination of a customer's account according to Thexyz's sole and absolute discretion.   SERVER USAGE & HOSTED CONTENT  
  • Server content MUST comply with the parameters stated in this TOS and our AUP (Acceptable Use Policy). Web content requirements exclude the publication of illegal content or content considered inappropriate otherwise. If any of Thexyz Services are used for the illegal purpose of SPAM or UCE, then they will be terminated instantaneously. Thexyz expressly bans the use of any Thexyz hardware or software hosted on a Thexyz server for trying to illegally access another hosted machine or network. For more detailed information regarding all prohibited uses of our server network, please closely review next chapter of these Terms and our AUP (Acceptable Use Policy). If you still have inquiries over the matter, feel free to contact a Thexyz Service representative.
  • We offer free themes with each hosting account, which customers can use for their sites. The images used in the featured sliders, the logo images and background photos are provided to demonstrate the theme only. They are not part of the theme and can't be used in the customers' live site.
  • Using If your website has been hacked/ infected with malicious content, we reserve the right to access your hosting account and delete the corrupted files. In this case, there will be no need for your account to be suspended. This way, your website(s) will be brought back to their normal state and you will be able to continue using our service.
  • Using Thexyz temporary URL is not defined as a bandwidth stealing. However customers should not rely on Thexyz temporary URL as a basic URL. Traffic processing there is not recommendable. Thexyz cannot and will not be held responsible for changing it afterwards. Customers are advised to use it temporarily and redirect their traffic to their own domains.

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:

  • the accuracy and relevance of Customer Content, and content and material showcased in the Customer store or on its products;
  • certainty that the Customer Content and content and materials appearing in the Customer store or on its products do not violate or infringe upon the rights of any person;
  • certainty that the Customer Content and the content and materials appearing in the Customer store or on its products are not calumnitous or somehow illegal.

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:

  • infringe or abuse any copyright, patent, trademark, trade secret or any other proprietary right of a third party;
  • break any criminal law or manifest false advertising, unfair competition, vilification, privacy intrusion; violate a right of publicity or violate any other law or regulation.

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 complaints@thexyz.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

   
When signing up for a Dedicated server hosting account with Thexyz, the Customer agrees to abide by the rules and provisions explicated in these Dedicated Terms of Service, as well as all their coherent policies (Order Verification Policy, Acceptable Use Policy, etc.) mentioned herein. The Customer of our Services should also be aware that when signing up for a Dedicated server hosting account with Thexyz, he/or she agrees to position data on our servers and make it accessible to the wide internet public. In this respect, the Customer understands and agrees that it is beyond the power of Thexyz to restrict any public access to this data and guarantee the security of the Customer's files. The Customer, therefore, is completely in charge of protecting his/her web content on our Dedicated servers and should consider carefully each piece of information before uploading it to his/her newly allocated Dedicated server space. We highly recommend that Customers avoid publishing online personal data that could be abused.
  1. SERVICE AGREEMENT; ENTIRE AGREEMENT

    Thexyz shall provide its Services to You - the Customer - under the Terms and Conditions explicated in this Service Agreement. The Agreement is intended to keep the integrity of both Thexyz and the Customer and to protect both parties from liability. This Service Agreement will be enforced to ensure the speed, power, performance, and reliability of our Services. The Service Agreement, together with the Order Form, the Acceptable Use Policy (AUP), and any other policies or agreements mentioned in this document, constitute the whole act of convention between Thexyz and the Customer.
  2. RULES FOR ACTIVATION AND MONTHLY PAYMENT BASIS OF THE DEDICATED SERVER HOSTING SERVICE

    Upon submitting of the online order form, the Customer agrees to abide by our Order Verification Policy and the following provisions:
    1. The payment of the Dedicated server hosting service is set up on a monthly basis. The Customer agrees to pay for the rendered Dedicated server hosting services in advance for each monthly service term.
    2. Non-Payment of the service shall result in a immediate service disconnection. Customers failing to secure payment by the time of the due date will incur service interruption. The data hosted on the Dedicated server will be kept for one month, after that it will be permanently deleted.
    3. Setup fees and monthly service fees are non-refundable. The Customer agrees to a no-refund policy in advance.
  3. SERVICE GUARANTEES; DATA BACKUP

    1. SERVICE GUARANTEES

      Thexyz guarantees 99.9% network uptime and server stability. This, however, does not refer to problems stemming from:
      1. Server Hardware Breakdown;
      2. User error(s) or purposeful interruption(s) of the user service (e.g. if the client shuts his/her own server down, Thexyz is not responsible for the downtime);
      3. Failure due to software that is not explicitly supported by the Thexyz. If a hardware crash provoked by the Customer consequently happens, Thexyz is beyond the control and responsibility for the resulting downtime.
      For more information, please refer to our Service Level Guarantees.
    2. DATA BACKUP

      Due to the specificity of the Dedicated server hosting service, providing Customers with fully independent and self-managed hosting environment, the DATA BAKCUP of all Customer's website contents and databases is solely Customer's responsibility, as well. A 50 GB FTP backup storage is available as a part of our Managed Services Package. It is also available as a separate upgrade option.
  4. SERVICE ACTIVATION AND CONTINUANCE TIMESCALES

    1. SERVICE ACTIVATION

      For newly signed up clients - the Services are activated only 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 prevent fraudulent account usage). 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 canceled. 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.

 
  • CANCELLATION, REFUND & MONEY-BACK; CHARGEBACKS

    1. CANCELLATIONS

      In order to cancel a Dedicated server account, the Customer must send a support ticket to Thexyz's Sales Department via his/her Dedicated management account and provide any authentication credentials requested by Thexyz. Any other form of cancellation request will not be accepted.
    2. REFUNDS

      Dedicated server hosting accounts - The Dedicated server accounts are set up on a monthly prepay basis. Customers may cancel their accounts at any time, however they will not be entitled to a refund for the unused period of the prepaid month, since these services do NOT include Money Back Guarantee. Any incentives offered to the Customers upon sign-up will be also canceled. Domain Name Registrations/Transfers - Domain name registrations/transfers are also treated as non-refundable services and cannot be canceled or refunded after activated upon Customer request. The domain name owner will have access to a domain management account, and will be able to transfer the domain name to another registrar.
    3. CHARGEBACKS

      Chargebacks are not considered as a way of refunding. Any Customer who initiates a credit card chargeback in response to a bill or order placed with Thexyz will be subject to full investigation. When signing up for a Dedicated server hosting account with Thexyz, the Customer agrees to the terms and conditions explicated in this document (and its coherent policies). Thus, Thexyz, as well as Thexyz's authorized retailers (PayPal, WorldPay, 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 Thexyz's Customer Care team will be to try to contact the Customer. Meanwhile, the Customer's Dedicated server 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 the authorized retailers and eventually the Dedicated server account will be re-activated. If the Customer has sent a chargeback request based on groundless argumentations (according to Thexyz's own judgment and these Dedicated Terms of Service), then a dispute will be started with the authorized retailers in which the Dedicated Terms of Service and the AUP of Thexyz will serve as evidence 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 (end-client) and no reverse payment procedure can be activated, then the respective Dedicated server account will remain suspended and a $30 USD fee will be withdrawn from the commission of the reseller (the client of our Free Reseller Hosting Program) whose client's account (the end-client) has been the reason for the chargeback (in order to be covered the fees imposed to Thexyz from our authorized retailers for the claimed unauthorized transaction).
  • HOSTING RESELLER TOOLS

    A collection of free hosting reseller tools : a free billing software (ClientExec) and a free domain reseller account is available with each Dedicated Server hosting package. All bonuses are given per customer's request.
  • CUSTOMER RESPONSIBILITIES; ACCOUNT REGISTRATION AND MANAGEMENT

    In consideration of their use of the Service, Customers agree to:
    1. Provide true, accurate, current and complete information about themselves as prompted by the registration form of the Service. Maintain and promptly update their registration data to keep it true, accurate, current and complete. If the Customer provides any information that is untrue, inaccurate, not current or incomplete, or Thexyz has reasonable grounds (at its sole discretion) to suspect that such information is untrue, inaccurate, not current or incomplete, Thexyz has the right to suspend or terminate the Customer's account and refuse any and all current or future use of the Service (or any portion thereof). If untrue details are used in order to avoid VAT the customer can be held responsible by the respective national tax collecting agency.
    2. When introducing any changes to their contact details, Customers are obliged to notify Thexyz in the course of 10 business days after the changes become valid. The introduction of changes should be done online through the customers' Dedicated Management Account, not via e-mail.
    3. Customers will receive a password and account designation upon completing of the registration process of the Service. Customers are responsible for keeping the confidentiality of their passwords and accounts, and are fully responsible for all activities that occur under that password or account. Customers agree to:
      1. immediately notify Thexyz about any unauthorized use of their password or account or any other breach of security;
      2. ensure that they safely exit (log out from) their account at the end of each session.
      Thexyz cannot and will not be liable for any loss or damage of account information arising from Customer's failure to comply with this provision.
    4. If a Dedicated server hosting account is registered with details different than those of the person who paid for the account, and in the case of any dispute, Thexyz will take the side of the person who paid for the account and shall not provide access to any other person, since - a hosting account owner is and will be considered to be the credit card /PayPal account holder.
    5. The client is obliged not to delete Thexyz's SSH key, which provides root access to the server. The root access will be used by Thexyz in 2 cases only:
      1. When there is a problem with the server and, as a result, certain services do not run properly - Thexyz may fix it as he sees fit.
      2. When there is a report from a third party concerning some sort of abuse, for example, spam, Thexyz can identify the spammer and suspend him, of which case the client who is in charge of the server will be duly informed. The client, on the other hand, is obliged not to let problems of such kind happen again, whether or not involving that particular abuser. If there are repeated abuse reports - Thexyz will charge the client $20 for each report, because the latter is obviously unwilling to assist in terminating the abuse actions on the given server.
    The client is also obliged not to terminate the SNMP service activated by Thexyz to keep track of the used IPs on the server. Upon a termination of the SNMP service -Thexyz will inform the client and the client will have to reactivate the service in 48 hours. If the client does not cooperate - Thexyz can suspend the client's access to the server at his own discretion.
  • NO UNLAWFUL OR PROHIBITED USE

    1. SERVER USAGE

      Thexyz expressly bans the use of any Dedicated server hardware or software for trying to illegally access another hosted machine or network. Customers may not attempt to gain unauthorized access to any of Thexyz's Services, other accounts, computer systems or networks connected to any of Thexyz's Services, through hacking, password mining or other means of close nature. Customers may not obtain or attempt to obtain any materials or information through any means not intentionally made available by Thexyz's Services. For more detailed information regarding all prohibited uses of our server network, please closely review next chapter of these Terms and our AUP (Acceptable Use Policy). If you still have inquiries over the matter, feel free to contact any of our Customer Care representatives.
    2. HOSTED CONTENT

      Server content MUST comply with the parameters stated in this TOS and our Acceptable Use Policy. Web content requirements exclude the publication of illegal content or content considered inappropriate otherwise. If any of Thexyz's Services are used for the illegal purpose of SPAM or UCE, they will be instantly terminated. Customers are solely responsible for the content of their messages. Using Thexyz's 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's Dedicated 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 Thexyz's Dedicated Terms of Service (this document) and the Acceptable Use Policy (AUP).
    3. CUSTOMER AGREEMENT

      As a condition for Customer use of Thexyz's Services, you - the Customer, agree that you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices, and our Acceptable Use Policy (AUP). Thexyz's Dedicated 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. Thexyz reserves the right at any time 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 from the Services any information or materials, in whole or in part, in the sole discretion of Thexyz.
  • E-COMMERCE CUSTOMER WEBSITES

    When buying a Dedicated server for the purpose of creating an e-commerce online store or related e-commerce activities website, the Customer agrees to be fully responsible for the development, operation and maintenance of his/her web site/ online store and e-commerce activities within that website. The Customer is the only one in charge of approving, processing and filling client orders and taking care of client 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 clients' 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, including:
    • the accuracy and relevance of Customer Content, and content and material showcased in the Customer store or on its products;
    • certainty that the Customer Content and content and materials appearing in the Customer store or on its products do not violate or infringe upon the rights of any person;
    • certainty that the Customer Content and the content and materials appearing in the Customer store or on its products are not calumnitous or somehow illegal.
    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:
    • infringe or abuse any copyright, patent, trademark, trade secret or any other proprietary right of a third party;
    • break any criminal law or manifest false advertising, unfair competition, vilification, privacy intrusion; violate a right of publicity or violate any other law or regulation.
    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 may be carried out.
  • REFUSAL OF SERVICE

    1. SERVICE DENIAL

      Thexyz will thoroughly scrutinize all received orders and decide, to its own discretion, which of them do not comply with the officially stated requirements for use of Thexyz's Dedicated servers. Thexyz reserves the right to refuse Service to unlawful parties.
    2. SERVICE DISCONTINUANCE

      Thexyz reserves the right to discontinue the Service provision to any subscriber that Thexyz deems, at its sole discretion, has violated any condition of the Service explicated in this Terms of Service and/or the Acceptable Use Policy.
  • MISCELLANEOUS

    1. NOTICES

      Notices, including notices concerning breach of this Agreement will be sent either to the e-mail address provided by the Customer at sign up, OR mailed by first class mail to the postal address that the Customer has on file with Thexyz. In both cases, delivery shall be deemed to have been made five (5) days after the notice has been sent. Notices from the Customer to Thexyz should be sent to the address provided on Thexyz's website.
    2. COMPLAINTS PROCEDURE

      Thexyz guarantees highest level of Customer Care service round the clock. If you feel dissatisfied with any aspect of the Service, feel free to make use of our complaints procedure detailed below. In order to file a complaint, please send us an email to complaints@duoservers.com, specifying the nature of the problem you are experiencing. Please, provide 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:
      • Thexyz will confirm receipt of your complaint in writing, confirming that the complaint will be addressed without delay. Thexyz reserves the right to refuse to investigate a complaint that is obviously frivolous, abusive or offensive.
      • A Thexyz's Customer Care representative will review your situation, look for an appropriate solution and inform you of the timeframe within which a response should be expected.
      • If Thexyz's Customer Care representative can't resolve your complaint within the pre-announced period, your complaint will be escalated to a Customer Care manager.
      • If the Customer Care manager can't resolve your complaint, as well, it will be forwarded to the Company Director, who will investigate the case to ensure that all necessary measures have been taken and will respond in writing within two working days, and reply with a solution within five working days.
      • An alternative complaint method is submitting a fax to the following number: 510.868.6446
    3. TORTUROUS CONDUCT

      Any way of indecent treatment towards a Thexyz's Customer Care employee will be considered as totally inappropriate and unacceptable. Each Customer is expected to communicate in an utterly polite and professional manner with Thexyz's employees regarding any request for help or consultation 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's 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.
    4. CUSTOMER CARE SERVICE

      Technical Support Due to the specificity of the Service, Customers are fully in charge of the management and maintenance of their Dedicated servers. However, if they need assistance or want to leave this task to our highly-qualified administrators department, they can avail of our Fully Managed Support service available at a monthly fee of $30 USD. Additional software installation and troubleshooting, which are not included in the Managed Support Package will cost $66 USD. Pre-sale and general questions Customers may use any of the support options listed below:
      • E-mail us using our Contact Us form
      • Use our Live Chat
      • Open a trouble ticket from the Customer's Dedicated management account. 1-hour support response is guaranteed!
      • Phone or Fax us at: 1-800-314-9082
  • GENERAL REGULATIONS

    1. GOVERNING LAW

      This Agreement shall be governed by and construed in accordance with the laws of England.
    2. ARBITRATION

      Any controversy or claim arising out of or relating to this Agreement, or any breach of this Agreement, in excess of $250.00 USD will be settled in accordance with the commercial arbitration rules of the American Arbitration Association.
    3. ENFORCEMENT

      Failure to enforce any of the provisions of this Agreement shall in no way be considered to be a waiver of these provisions, or to affect in any way the validity of this Agreement. If one or more of the provisions contained in this Agreement are found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.
    4. INDEMNIFICATION

      The Customer agrees to indemnify Thexyz, its management body and employees (each an "Indemnified Party") against any losses, claims, damages, liabilities, penalties, court actions, proceedings or judgments (collectively, "Losses") to which the Indemnified Party may become subject, and out of which Losses arise or relate to this Agreement or the Customer's use of the Services. The Customer agrees to reimburse the Indemnified Party for all legal and other expenses, including any attorney fees paid by the Indemnified Party in connection with investigating, defending or settling any Loss whether or not in connection with pending or threatened litigation in which the Indemnified Party is a party.
    5. LIMITATION ON Thexyz'S LIABILITY

      Force Majeure Circumstances - Thexyz shall not be liable for any failure in the provision of the Services to the Customer resulting, directly or indirectly, from any (i) weather conditions and natural disasters, (ii) actions of any governmental or military authority, (iii) failure caused by telecommunications or Internet provider, or (iv)other force or occurrence beyond its control. Damages & Losses - Thexyz shall not be liable for (i) any indirect, incidental, special or consequential damages, OR for any loss of profits or loss of revenues resulting from the use of Thexyz's Services by the Customer or any third parties, or (ii) any loss of data resulting from delays, non-deliveries or service interruptions. Service Provision - Thexyz provides the Services on an -њAS IS-ќ basis, without any warranties, including but not limited to, implied warranties, merchantability, or fitness of the Services for any particular purpose. The Customer shall be solely responsible for the selection, use and suitability of the Services, and Thexyz shall have no liability therefore.
    6. ASSIGNMENT

      Customers do not have the right to assign this Agreement without the explicit permission of Thexyz. This Agreement shall be in force and effect to the total benefit of the Customer and Thexyz and their successors and permitted assigns.
    7. REVISIONS

      Thexyz reserves the right to revise this document at any time, without prior notice. Customers are encouraged therefore to periodically review these Dedicated Terms of Service and the Acceptable Use Policy.
 

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Email setup tool

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

Live chat

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.

Call us

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.

Submit a ticket

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.

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