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Terms of Service

Acceptable Use Policy

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:

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.

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.

BULK EMAIL IS PROHIBITED. 'Bulk Email' refers to the practice of sending unsolicited spam messages for the purpose of advertising a particular website. 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 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.

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.

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

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.

Domain Name Registration Agreement

Thexyz Inc provides domain registrations for both generic Top Level Domains (gTLDs) and country-code Top Level Domains (ccTLDs).

  • 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.
  • 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.
  • Thexyz Inc and the top registry, also known as Primary Service Provider, will not be held accountable for any inadvertences, 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).
  • 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.
  • 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 Benefits, Rights and Responsibilities, approved by ICANN, on their website:
http://www.icann.org/en/registrars/registrant-rights-responsibilities-en.htm
https://www.icann.org/resources/pages/approved-with-specs-2013-09-17-en#registrant

If you register a .INFO domain name, you also enter into a contract of registration with Afilias, which is represented by the following Terms & Conditions:
http://afilias.info/policies

If you register a .UK, .CO.UK, .ORG.UK or .ME.UK domain name, you also enter into a contract of registration with Nominet UK, which is represented by the following Terms & Conditions:
http://www.nominet.uk/uk-domain-names/registering-uk-domain/legal-details/terms-and-conditions-domain-name-registration

Even though Thexyz Inc 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.

    The RGP fee depends on the given TLD and on the registrar through which it is registered as follows:

    Registrar TLD RGP fee
    LiquidNet Ltd .com, .net, .org, .info, .biz $90.00
    LogicBoxes .us, .in, .cc, .tv $90.00
    EURid .eu $20.00
    eNom .com, .net, .org, .info, .biz,.co, .asia, .ca, .name, .mobi, .tw, .com.tw, .org.tw, .idv.tw, .pro, .me $270.00

    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 30-42 days.

  3. Extended Redemlption Grace Period - the extended redemption period may add another 7 - 30 days to the domain name's redemption period. During this period the domain name owner is allowed to retrieve the domain name from deletion by contacting the domain's registrar.

    If you do not redeem your domain name prior to the end of the Redemption Grace Period/Extended Redemption Grace Period (or the renewal period - if RGP is not applicable), Thexyz Inc reserves the right to delete the domain name, as per ICANN’s Domain Deletion & Auto-renewal Policy (EDDP).

  4. After the redemption period of an expired domain name is over, follows the Pending Delete Period - a registry level period of up to 5 days during which no one is allowed to renew the domain name and it cannot be newly registered because it's still not returned to the public pool of domain names.

  5. Released by Registry Period - after the domain name's 'Pending Delete Period' is over, it is released back into the public pool of domain names and is newly available for registration.

NOTE: As per EURid's domain expiration policy, all .EU domain names will be suspended one day BEFORE their official expiration date and will enter a 40-day Redemption Grace Period during which they can still be renewed. However, an additional fee will be added atop the renewal price.

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.

  • The Registrant agrees to provide accurate and reliable contact details and correct and update them within seven (7) days of any change during the term of the domain name registration, including: the full name, postal address, e-mail address, voice telephone number, and fax number if available of the Registrant; name of authorized person for contact purposes in the case of an Registrant that is an organization, association, or corporation; and the following data elements:

    - the names of the primary nameserver and secondary nameserver(s) for the registered domain name;
    - the name, postal address, e-mail address, voice telephone number, and (where available) fax number of the technical contact for the registered domain name and
    - the name, postal address, e-mail address, voice telephone number, and (where available) fax number of the administrative contact for the registered domain name;

    If the information provided in the Registrant's application is deemed false or incomplete by Thexyz Inc, and the Registrant fails to correct the WHOIS information within 10 calendar days after the date Thexyz Inc sends a notice to the Registrant, this will be treated by Thexyz Inc as an immedicable infringement of the present Agreement.

    You are solely responsible for keeping track of the emails that will be sent by Thexyz Inc to the email address associated with the registered domain name. Inability to respond to such inquiries and emails may result in losing ownership over the domain name(s).

  • You acknowledge and agree that the contact details of your domain, as well as its registration and expiration dates and the name server associated with it, will be shared with the registry operator. As required by ICANN, this information must also be made publicly available by means of a 'port 43' WHOIS service. You hereby consent and give permission for all such requirements and disclosures. Further, you represent and warrant that, if you are providing information about a third party, you have notified the third party of the disclosure and the purpose for the disclosure and you have obtained the third party's consent to such disclosure.

    Please, NOTE that Thexyz Inc is not able to restrict any access to your WHOIS record or to control in what manner or for what purposes members of the public may use the details provided in it.

  • Thexyz Inc shall provide notice to each new or renewed Registrant stating:
    - the purposes for which any personal data collected from the applicant are intended;
    - the intended recipients or categories of recipients of the data (including the registry operator and others who will receive the data from registry operator);
    - which data are obligatory and which data, if any, are voluntary; and
    - how the Registrant or data subject can access and, if necessary, rectify the data held about them.

  • The Registrant, in turn, shall consent to the data collecting procedure stated in subsection 6-a;

  • The Registrant shall represent that a notice equivalent to that described in subsection 6-a has been provided to any third-party individuals whose personal data are supplied to Registrar by the Registrant, and that the Registrant has obtained consent equivalent to that described in subsection 6-b of any such third-party individuals.

  • Thexyz Inc shall agree that it will not process the personal data collected from the Registrant in a way incompatible with the purposes and other limitations about which it has provided notice to the Registrant in accordance with subsection 6-a above.

  • Thexyz Inc shall agree that it will take reasonable precautions to protect personal data from loss, misuse, unauthorized access or disclosure, alteration, or destruction.

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Refund Policy

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

Service Level Agreement

If, for any reason, you are dissatisfied with our hosting services, we will refund your hosting fees at any time during the first 30 days after you have signed up for an account with us. You can email us at billing@duoservers.com and receive full refund for your hosting plan within the 30-day money-back period.

Please, NOTE that domain name registrations are final and 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.

Your Mail Service will be available 100% of the time in a given calendar month, excluding maintenance.

Thexyz Inc guarantees that your website(s) will be up and running at least 99.9% of the time during any 12-month period. This guarantee includes network and server uptime. However, we cannot be held responsible for upstream problems outside of our network and areas where Thexyz Inc has no direct influence, such as backbone provider failures, fiber-optic main line cuts, DNS or Registrar problems with subscribers’ domain names, routing problems between a client’s location and our data center. The uptime guarantee is also not applicable if the service interruption was caused by a natural or unnatural event that is not directly under the control (or jurisdiction) of Thexyz Inc. Thexyz Inc may temporarily deny or terminate the Service upon client’s failure to pay their charges at due time.

Thexyz Inc guarantees 99.9% network uptime and server stability. This, however, does not refer to problems stemming from:

a. Server Hardware Breakdown.

b. User error(s) or purposeful interruption(s) (e.g. if the client shuts his/her own server down, Thexyz Inc is not responsible for the downtime).

c. Failures due to software that is not explicitly supported by Thexyz Inc. Consequently, if a hardware crash provoked by the customer happens, Thexyz Inc has no responsibility for the resulting downtime.

Network Outages or Unexpected Downtime is any unplanned or unexpected interruption in the network availability due to hardware, software, network connectivity or data center problem, during which a 100% packet loss is experienced.

Scheduled Downtime is any scheduled interruption of the services for the purpose of network software/hardware upgrades, or replacement of any network equipment in order to be provided better service for the customers. Scheduled downtimes occur within pre-notified downtime periods, with as many warnings as possible sent via e-mail or posted in our news section minimum 24-hour in advance.

Thexyz Inc guarantees 24/7 support available 365 days per year. Support is available via our online Contact Us form, via our phone lines and live chat, and the web hosting control panel integrated ticketing system. Each ticket is replied to within no more than 60 minutes after it has been opened. 

Dedicated 24/7 Support For All Customers

  • 24/7 Ticketing support with 25 minutes average reply time
  • 2 US tel. support lines are available from 4am to 8pm PST
  • An additional UK tel. support line is now available

Order Verification Policy

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 fraud. 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?

You place an order for a hosting account with us through our order form. A money transaction follows through the selected payment method.

We receive a notification email from our authorized retailer (PayPal, Stripe, 2CheckOut) for the transaction.

An order verification procedure commences within one hour after the notification has been received (on weekends this period may be longer).

A sales representative of ours compares your IP location with your billing address and the location information given in your hosting account.

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.

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).

Privacy Policy

This privacy notice tells you what to expect when Thexyz through its website, application or otherwise collects personal information.

Thexyz has unilaterally chosen to adhere to the guidelines of data protection set forth by the European Union in the General Data Protection Regulation - Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, we have adapted the following notice mirroring guidelines from the UK Information Commissioners Office (ICO) and other industry best practices.

In scope, sources of personal information include:

  • Visitors to our website
  • People who contact us
  • People who use our services
  • Job Applicants as well as our current and former employees

Visitors to our website

When someone visits the Thexyz website, we use third-party services, such as Google Analytics, to collect standard internet log information and details of visitor behavior patterns. We do this to find out things such as the number of visitors to the various parts of the site. This information is processed anonymously, if we collect personally identifiable information through our website, we will do so explicitly and with proper consent.

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 for you and what you’ve put in the shop cart. 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.

Analytics
We use Google Analytics to monitor visitor activity on our website. No personally identifying data is included in this type of reporting. We do not share information about this analysis with any third parties.

Visitors can opt out of Google's tracking cookie or install a browser plugin to opt out of all Google Analytics tracking software.

Payment processing
To process payments online, we require the billing address for the credit card used and our external payment provider, PayPal/Stripe/2Checkout, 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.).

We currently do not alter our practices when we receive a "Do Not Track" signal from a visitor's browser.

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.

We use third-party providers, such as MailChimp, to deliver our newsletters. We gather statistics around email opening and clicks using industry standard technologies including clear gifs to help us monitor and improve our services. For more information, please see associated privacy notice.

All our newsletters offer clear and simple to use opt-out notices.

We use a third-party service, Vanilla Forums, to manage our community forums, and some of our microsites. These sites are hosted on Thexyz servers. We use a standard Vanilla service to collect anonymous information about users' activity on the site, for example the number of users viewing pages on the site, to monitor and report on the effectiveness of the site and help us improve it.

Please remember that any information you may disclose or post on public areas of our websites or the Internet, becomes public information. You should exercise caution when deciding to disclose personal information in these public areas. To request removal of your personal information from our community forums or testimonials, contact us at support@thexyz.com . In some cases, we may not be able to remove your personal information, in which case we will let you know why we are unable to do so.

Thexyz’s world class security team keep a vigilant eye on our systems, but we also employ third-party services to help maintain the security and performance of our offerings to ensure our users privacy and our clients security.

People who contact us

When someone visits the Thexyz website, we use third-party services, such as Google Analytics, to collect standard internet log information and details of visitor behavior patterns. We do this to find out things such as the number of visitors to the various parts of the site. This information is processed anonymously, if we collect personally identifiable information through our website, we will do so explicitly and with proper consent.

Our website includes social media features (such as the Facebook “Like” button). These features may collect your IP address and which page you are visiting on our website, and may set a cookie to enable the feature to function properly. Social media features and widgets may be hosted by a third party or directly on our website. Your interactions with these features are governed by the privacy policy of the company providing the feature.

Any email sent to us, including any attachments, may be monitored and used by us for reasons of security and for monitoring compliance with office policy. Email monitoring or blocking software may also be used. Please be aware that you have a responsibility to ensure that any email you send to us is within the bounds of the law.

We use a third-party service to manage all our help desk services to track and respond to any requests through the site or our application. We try to meet the highest standards when collecting and using personal information. For this reason, we take any complaints we receive very seriously. We encourage people to bring it to our attention if they think that our collection or use of information is unfair, misleading or inappropriate. We would also welcome any suggestions for improving our procedures.

This privacy notice was drafted with brevity and clarity in mind. It does not provide exhaustive detail of all aspects regarding to the collection and use of personal information. However, we are happy to provide any additional information or explanation needed.

If you want to request information about our privacy policy, you can create a request through our helpdesk portal or email us on: support@thexyz.com

People who use our services

We have to hold the details of the people who have requested the service in order to provide it. However, we only use these details to provide the service the person has requested and for other closely related purposes. For example, we might use information about people who have installed the Thexyz app to carry out a survey to find out if they are happy with the level of service they received. When people do subscribe to our services, they can cancel their subscription at any time and are given an easy way of doing so.

Thexyz tries to be as open as it can be in terms of giving people access to their personal information. Individuals can find out if we hold any personal information by making a ‘subject access request’ through our helpdesk portal, if we do hold information about you we will:

  • give you a description of it
  • tell you why we are holding it
  • tell you who it could be disclosed to
  • let you have a copy of the information in an intelligible form

In most circumstances, we will not disclose personal data without consent. However, when we investigate a complaint, for example, we will need to share personal information with the organization concerned and with other relevant bodies.

You can also get further information on:

  • Agreements we have with other organizations for sharing information
  • Circumstances where we can pass on personal data without consent for example, to prevent and detect crime, conduct research and to produce anonymized statistics
  • How we check that the information we hold is accurate and up to date

We take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. These include internal reviews of our data collection, storage and processing practices and security measures, as well as physical security measures to guard against unauthorized access to systems where we store personal data.

We restrict access to personal information to our employees, contractors and agents who need to know that information in order to operate, develop or improve our services. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations.

If you have a customer account with us, you can review and change your personal information by logging into the website and visiting your account profile page. You may also send us an email at support@thexyz.com to request access to, correct or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

When you request to terminate your services with us, data is permamnetly deleted after 14 to 30 days.

We will continue to store anonymous or anonymized information, such as website visits, without identifiers, in order to improve our Services.

If you have provided your consent to the processing of your personal information, you may withdraw it at any time by sending us a communication specifying which consent you are withdrawing. Please note that the withdrawal of your consent does not affect the lawfulness of any processing activities based on such consent before its withdrawal. Additionally, in some jurisdictions, applicable law may give you the right to limit the ways in which we use your personal information, in particular where (i) you contest the accuracy of your personal information; (ii) the processing is unlawful and you oppose the erasure of your personal information; (iii) we no longer need your personal information for the purposes of the processing, but you require the information for the establishment, exercise or defence of legal claims; or (iv) you have objected to the processing and pending the verification whether the Thexyz Inc's legitimate grounds override your own.

Objection to Processing
In some jurisdictions, applicable law may entitle you to require us not to process your personal information for certain specific purposes (including profiling) where such processing is based on legitimate interest. If you object to such processing, we will no longer process your personal information for these purposes unless we can demonstrate compelling legitimate grounds for such processing or such processing is required for the establishment, exercise or defence of legal claims.

By default, customers do receive any system updates, such as the newsletters, invoices and service email notifications. Customers cannot opt out of possibly receiving important system notifications, since the latter are deemed necessary for the performance of our contractual obligations to you.

We generally retain your personal information for as long as is necessary for the performance of the contract between you and us and to comply with our legal obligations. If you no longer want us to use your information to provide the contracted services to you, you can request that we erase your personal information and close your account. Please note that if you request the erasure of your personal information:

  • We may retain some of your personal information so as to detect and prevent fraud and enhance safety. For example, if we suspend an account for security reasons, we may retain certain information from that account to prevent that customer from opening a new account in the future.
  • We may retain and use your personal information to the extent necessary to comply with our legal obligations. For example, we may keep some of your information for tax, legal reporting and auditing purposes.
  • Because we maintain our platform to protect it from accidental or malicious loss and destruction, residual copies of your personal information may not be removed from our backup systems for a limited period of time.

In some jurisdictions, the applicable law may entitle you to request copies of your personal information held by us. You may also be entitled to request copies of personal information that you have provided to us in a structured, commonly used, and machine-readable format and/or request us to transmit this information to another service provider (where technically feasible).

Our personnel will not view the content of your emails.

Our personnel will only log into your mailbox(es) for the following purposes:

  • To respond to your specific support request.
  • To help you set up mailbox folder permissions.
  • To assist you in configuring your mailbox
We may share the content of any Junk Mail with independent third party abuse agencies and trade groups for the purpose of assisting in industry initiatives to control undesirable email.

We will not employ technology to read your email messages in order to target, display or send marketing ads based on the content of those email messages.

We collect various information when you register with Thexyz, during your usage of our products and services, when you visit pages of our partners. We may combine information about you that we have with information we obtain from other partners or other companies in order to provide you a better experience or to improve the quality of our services. When you sign in to our services, you are not anonymous to us. We automatically receive and record information from your computer and browser, including your IP address, our cookie information, software and hardware attributes, the page you request and other standard browser parameters.

When you use our services, we send one or more cookies - a small file containing a string of characters - to your device that uniquely identifies your browser. We use cookies to improve the quality of our service, including for storing user preferences, tracking user trends, and providing you with a better experience. We may set one or more cookies in your browser when you use our services or one of our partner's services. When you send messages, publish content, post material, transmit information or email through our services, we may retain the same in order to process your inquiries, respond to your requests and improve our services.

Our infrastructure consists of servers deployed at multiple datacenters that are owned and operated by us or our partners. All information collected within our services resides on this network of servers.

We will continue to store anonymous or anonymized information, such as website visits, without identifiers, in order to improve our Services.

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.

Job applicants, current and former Thexyz employees

When individuals apply to work at Thexyz, we will only use the information they supply to us to process their application and to monitor recruitment statistics. Where we want to disclose information to a third party, for example where we want to take up a reference or obtain a ‘disclosure’ from criminal records, we will not do so without informing them beforehand unless the disclosure is required by law.

Personal information about unsuccessful candidates will be held for no longer than 12 months after the recruitment exercise has been completed, it will then be deleted as per our data destruction policy. We retain anonymized statistical information about applicants to help inform our recruitment activities, but no individuals are identifiable from that data.

Once a person has taken up employment with Thexyz, we will compile a file relating to their employment. The information contained in this will be kept secure and will only be used for purposes directly relevant to that person’s employment. Once their employment has ended, we will retain the file in accordance with the requirements of our data retention policy and then delete it.

Web Hosting Terms

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 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.
 

Email Hosting Terms

Your Mail Service will be available 100% of the time in a given calendar month, excluding maintenance.

Your Mail Service shall be deemed available for the purposes of this SLA unless you are unable to send or receive mail as a result of a failure of your Mail Service (“Downtime”). Downtime does not exist if you are unable to send or receive mail as a result of a failure outside of our reasonable control, such as your connection to the Internet or your systems. Thexyz will perform maintenance on the Mail Services on a regularly scheduled basis within its published maintenance windows, which will be announced on our system status page (https://www.thexyz.com). Thexyz may also perform unscheduled emergency maintenance if needed to address new security threats or other non-routine events. Delays that may occur while the Mail Service makes planned transitions between redundant system elements is considered maintenance. If Thexyz expects any maintenance to take more than 20 minutes, it will make reasonable efforts to post an announcement on the system status page at least 7 days in advance of the maintenance, but we do not guarantee such notice. Delivery delays are considered downtime while mail is not being processed

Thexyz provides certain services designed to filter unwanted incomingemail, such as spam, phishing scams, and email infected with virusesanddesigned to filteroutgoing email, such as email containing certainPersonal Data(the “Filtering System”).

You acknowledge that the technological limitations of such filtering services will likely result in the capture of some legitimate email, and the failure to capture someunwanted email, including email infected with viruses or containing Sensitive Data. Email that is quarantined by the Filtering System is excluded from the SLA.

Thexyz will use commercially reasonable efforts to deliver your email messages. Third party filtering services may from time to time prevent successful delivery of your messages.

You hereby release Thexyz and its employees, agents, suppliers, and affiliates from any liability or damages arising from the failure of the Filtering System to capture unwanted email or from the capture of legitimate email; or from a failure of your email to reach its intended recipient as a result of a filtering service used by the recipient or the recipient’s email service provider.

Mail that exceeds the storage limit when received may be permanently lost. You may adjust the storage capacity of your individual mailboxes via the control panel, and it is your obligation to monitor and adjustthe storage capacity of individual mailboxes as needed. Enabling features of your Mail Services designed to prevent deletion of emails may cause you to consume increased storage capacity, may incur additional storage fees, and may fail if you do not have adequate storage capacity. An individual email message that exceeds the per-message size limit of 50MB (including attachments) may also be permanently lost

You acknowledge that the Mail Services are not designed for sending and receiving a high volume of email messages. Thexyz may limit the number of email messages that a customer may send and receive and the number ofrecipients per email message sent over a given time period, as determined by Thexyz in its reasonable discretion. Thexyz reserves the right to make changes to such limits atany time without prior notice to you. Attempts to circumvent these limits by using multiple accounts or by other means shall constitute a material breach of the Agreement.

 

Sending Limit: 10,000 recipients/day

 

Daily limits are applied over a rolling 24-hour period and restrict the total number of recipients to which a user can send messages in this period.

Users are limited to 10,000 total recipients per 24-hour period. Counting recipients is different than counting messages. For example, sending 100 emails that each have 100 recipients is counted the same as sending 10,000 emails that each have a single recipient.

 

Receiving limit: 400 messages/10 minutes

 

The mail platform limits the rate at which a mailbox can receive messages. The purpose of the receiving limit is to control the rate at which a user is receiving mail. This helps to ensure a positive user experience when accessing, reading, and sending email. It also protects all users from a degraded experience due to a small number of users utilizing the majority of resources.

If a mailbox receives over 400 messages in a 10-minute period, any additional messages in that period will be deferred. Email senders will typically retry a deferred message at least once, possibly resulting in the message still being delivered after a short delay.

Mailboxes designated to receive high-volume automated email have an increased potential of being impacted by this limit. For example, mailboxes set to receive from devices or programs that send diagnostic information via email, and systems which generate high volumes of email from services like CRMs and support ticketing systems.

You may not send email to anyone with whom you do not have a pre-existing relationship unless the recipient has published or otherwise provided his or her email address in a manner which implies consent to receive email.

You may not use the Mail Services in a way that creates technical disturbances for other customers or for Thexyz systems generally.

For Thexyz Webmail, you will be able to recover deleted messages yourself via the webmail interface for up to 14 days from the day deleted. You will also be able to recover deleted mailboxes yourself via the administrative control panel for up to 14 days from the day deleted. For Microsoft Exchange 2016, 2013 and 2010 you will be able to recover deleted messages yourself via Outlook or Outlook Web App for up to 14 days fromthe day deleted. For Microsoft Exchange 2007, you will not be able to recover your deleted mail.You are responsible for retrieving or backing up any mail data prior to your termination of the Services or deletion of a mailbox.

Archiving and email retention services will capture only the email that you send or receive after the date that the archiving or email retention services are implemented. Upon termination of your account for Mail Services, or your archiving or email retention service, we will destroy your archived data unless you have made other arrangements with us. In-Place Hold as a means to store mail from multiple users or entities is prohibited.

Certain features at Thexyz are designed to help you comply with various legal and regulatory requirements that may be applicable to you. You are responsible for understanding the legal and regulatory requirements applicable to your business and for using the Services in a manner that complies with such requirements.

If you purchase Thexyz MobileSync, your subscription includes access to the Cloud Drive & Documents & Spreadsheets functionality (collectively “Cloud Drive”). To enable Cloud Drive file synchronization to your desktop, you will be required to download and install a local software agent which is subject to an additional End UserLicense Agreement (the “Cloud Drive EULA”). Your right to use Cloud Drive is subject to, and contingent on your compliance with, the Cloud Drive EULA. Data selected for synchronization using the Cloud Drive agent will be mirrored to a datacenter operated by Thexyz (the “Target Site”). If you terminate the Services or remove the data from the local instance of Cloud Drive, the data will be removed from the Target Site. Thexyz may be unable to retrieve any data stored at the Target Site following termination of this Agreement, the MobileSync Services, or your removal of data from your local instance of Cloud Drive. Cloud Drive data mirrored to the Target Site will be encrypted by Thexyz at rest. Large datasets may not properly synchronize or mirror to the Target Site with Cloud Drive,and Thexyz may implement maximum sync size restrictions without prior notice asreasonably required to maintain the Cloud Drive functionality. Syncing will stop when your allocated storage limit has been reached. Your storage limit will be described in your Order, and new storage is not automatically provisioned when you reach your storage limit. Your storage limit includes your data as well as overhead space required for the Cloud Drive functionality (such as a trash folder and version history functionality).While you may useCloud Drive as a backup service, you agree that you will maintain at least one additional current copy of the data stored in Cloud Drive other than at the Target Site, and understand that you are responsible for testing and monitoring the integrity of data stored at the Target Site using Cloud Drive. We warrant that the Cloud Drive Services will conform to the documentation we provide either online or with the software. Your sole and exclusiveremedy for our breach of this warranty will be a refund of the fees for the Email Services for the billing period during which you notified us of your warranty claim.

We may suspend your Mail Services or terminate the Agreement immediately and without notice if: (i)we reasonably believe that you ruse your Mail Serviceis being used in violation of the Agreement;(ii) you don’t cooperate with our reasonable investigation of any suspected violation of the Agreement;(iii) your Mail Service email address or related IP addresses are blacklisted by any third party, or Thexyz is retaliated against as a result of your email, regardless of whether you are in breach of the AUP or other part of the Agreement,or are otherwise at fault;(iv) we receive excessive or repeated complaints from your email recipients, regardless of whether you are in breach of this AUP or are otherwiseat fault;(v) there is an attack on your Mail Serviceor your Mail Service is accessed or manipulated by a third party without your consent, or there is another event for which we reasonably believe that the suspension of Mail Services is necessary to protect Thexyz network or our other customers; or (vi) we are required by law, or a regulatory orgovernment body to suspend your Mail Services. Complaints from email recipients and third party abuse agencies (e.g. SpamHaus or Spamcop) shall be deemed proof of the facts stated therein unless you provide compelling evidence to the contrary.Your indemnity obligations under the Agreement shall, in addition to the other grounds stated, apply to any third party claim arising from your use of the Mail Service.

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ANTI-SPAM POLICY

We hate unsolicited commercial email as much as you do. Also known as Spam or junk email, it is a disservice to the Internet community.

We fully endorse and comply with the requirements of Canada’s anti-spam legislation (CASL) and CAN-SPAM Act of 2003 (Controlling the Assault of Non-Solicited Pornography and Marketing Act), and all other applicable unsolicited commercial email laws.

If you subscribe to electronic newsletters or other communications from us or our website, you will always have an option to unsubscribe immediately.

If you have additional questions, comments or concerns, please contact us by sending an e-mail to support@thexyz.com and providing us with information relating to your concern.

You may also mail your concerns to us at the following address:

Thexyz Inc, 1 Yonge Street, #1801 Toronto ON Canada M5E 1E7

Please note that the content of this page can change without prior notice.

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